JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
OF THE
STATE OF GEORGIA
AT
THE EXTRAORDINARY SESSION
Commenced at Atlanta, Monday, June 6, 1955 and adjourned Friday, June 17, 1955
THE REGULAR SESSION
Commenced at Atlanta, January 9, 1956 and adjourned February 17, 1956
1956 LONGING & 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 ........................................ .........Assistant
RABUN COUNTY
JANETTE HIRSCH......... .............................................. .....Assistant
FULTON COUNTY
MARION TOMS ............................................. Doorkeeper
QUITMAN COUNTY
ELMORE C. THRASH.---........--.....-........._....-........____Messenger
LOWNDES COUNTY
HOUSE JOURNAL
EXTRAORDINARY SESSION
Representative Hall, Atlanta, Georgia. Monday, June 6, 1955.
Pursuant to the call of His Excellency, Governor S. Marvin Griffin, the House met in extraordinary session this day at 11:00 o'clock, a. m., was called to order by Honorable Marvin E. Moate, Speaker, and opened with prayer by the Chaplain.
The following proclamation was read:
BEN W. FORTSON Secretary of State
CERTIFICATE
This is to certify that the attached is a true and correct copy of the Proclamation issued by Governor Marvin Griffin, convoking the General Assembly of Georgia into Extraordinary Session at 11:00 o'clock A.M., EST., on Monday, June 6, 1955 for purposes designated.
Ben W. Fortson, Jr., Secretary of State. (Seal)
JOURNAL OF THE HOUSE,
A PROCLAMATION BY HIS EXCELLENCY
GOVERNOR MARVIN GRIFFIN OF
THE STATE OF GEORGIA CONVENING THE GENERAL ASSEMBLY OF GEORGIA
IN EXTRAORDINARY SESSION
WHEREAS:
The General Assembly of Georgia at its 1955 Session, realizing that the expanded programs of State services of education, highways, health, and welfare could not be continued without additional revenue, created a State Programs Study Committee to study the operations of the State government and its fiscal structure and condition and to make recommendations to the Governor and the General Assembly of a program for meeting the fiscal needs of State on a long-range basis, so as to eliminate the recurring and periodic financial crisis in the operation of the State government and to meet the present shortage of revenue to carry on the essential and important functions of the State, and
WHEREAS:
This Committee, composed of the Governor, Lieutenant Governor, Speaker of the House of Representatives, three members of the House of Representatives, two members of the Senate, Attorney General, State Auditor, Commissioner of Revenue and ten outstanding citizens of this state, representing agriculture, business, consumers, county government, financial institutions, industry, labor, municipal government, parents, veterans and the press, have conducted a thorough study of the fiscal operations of the State in compliance with the resolution of the General Assembly adopted in regular session in 1955, and after diligent, painstaking and patient analysis of the financial problems of the various departments of the State government reached the conclusion and recommended that immediate steps be taken by the Governor and the General Assembly of Georgia to prevent a breakdown in the continuation of the expanded State programs of education, highways, health and welfare services, and to take care of the 30,000 additional children who will enter school in September, 1955 and each year thereafter, and
WHEREAS: The recommendations made by this Committee are of such a nature that an immediate Session of the General Assembly of Georgia is necessary to consider them, and
WHEREAS:
The State Programs Study Committee has found that considerable additional revenue will be needed in the next four years to meet the expanding needs caused by the growth of the State and the operation of laws now in force and effect, and
WHEREAS:
The lack of funds to continue after July 1, 1955, the appropriations being paid the agencies of education, public welfare, public health and highway services from surplus funds, and the lack of additional funds being available to meet the indicated expanding needs of these four main service agencies, will constitute 99% of the State's fiscal problem in each of the next four years, and
MONDAY, JUNE 6, 1955
7
WHEREAS:
The revenue of the State is insufficient to carry on the present State services now being received by the citizens of this State, thereby creating a grave and serious financial crisis, making it absolutely necessary and essential that a course of action be developed and charted for the future financial operations of the State prior to the beginning of a new fiscal year on July 1, 1955, so that State services to the people of Georgia can be carried on
without disruption, and
WHEREAS: Insurmountable difficulties will confront the public schools and colleges of the State if we are forced to adhere to the level of expenditures of the present budget during the coming fiscal year,
and
WHEREAS: Georgia is in grave danger of losing Federal Aid highway funds becoming available during the next fiscal year beginning July 1,
1955, and
WHEREAS: Serious needs confront the State government in the operating and staffing of the Eugene Talmadge Memorial Hospital at Au-
gusta, and
WHEREAS: The population at the Milledgeville State Hospital and Battey State Hospital is increasing at the rate of several hundred per year over and above the number being discharged, and
WHEREAS: Next year 12,000 additional Georgians will become eligible for welfare assistance over and above those presently on the rolls, thus creating an immediate need for funds in this field, and
WHEREAS:
Unless additional revenue is immediately made available, the education, highway, health and welfare service programs of the State will have to be cut and curtailed to such an extent that the State will suffer irrepairable damage and loss of progress in these fields of government, which are so essential to the welfare, prosperity and happiness of our people and which we have so long strived to achieve, and
WHEREAS:
The next regular session of the General Assembly will not meet in time to relieve these grave and impending financial problems
and the Governor being powerless to raise the additional needed revenue to meet this threatened disaster to the education, highway, health and welfare service programs of the State, and
WHEREAS:
The Committee has proposed certain economies which are calculated to result in an impressive amount of long-range savings to the taxpayers, they are not of such a nature as can be accurately estimated at this time, nor are they sufficient in amount to fill a fraction of the proven needs as far as our schools, colleges, institutions, welfare benefits and highways are concerned, and
WHEREAS: It was recommended by the Study Committee that relief be afforded counties and municipalities in their financial plights, and
WHEREAS: The foregoing situation gives rise to an extraordinary occasion requiring immediate, positive and decisive action on the part of the legislative branch of our government.
NOW, THEREFORE, pursuant to the report and recommendations of the State Programs Study Committee created by the General Assembly of
JOURNAL OF THE HOUSE,
Georgia and under and by virtue of the power and authority conferred upon me by the Constitution of this State as set forth in Article V, Section I, Paragraph XII, I, Marvin Griffin, Governor of Georgia, do hereby convoke and call a meeting of the General Assembly of this State in extraordinary session at Eleven o'clock A.M., Eastern Standard Time, on Monday, June 6, 1955, for the purpose of considering and enacting laws by revision, repeal, amendment or otherwise, relating only to the purposes and objects specifically stated as follows, which are concluded by me as chief executive of this State to be of sufficient importance to demand the necessity of such extraordinary session of the General Assembly of Georgia, to wit:
1. Enactment of and changes in revenue, license and tax laws of the State of Georgia.
2. Enactment of laws making it optional for counties to reduce homestead exemptions to the legal minimum of $1,250.00.
3. Enactment of laws to give municipalities the right to levy a gross receipts or payroll tax of not over one-half of one per cent.
4. Enactment of laws to authorize the various counties of the State to assess license fees against carnivals, circuses, road shows, tent shows and any and all other itinerant shows and entertainments.
5. Enactment of and changes in laws relating to education and school laws.
6. Enactment of laws providing for salary schedules for teachers in the public schools of Georgia, distribution of State Aid Funds for education purposes to the local school systems and other related purposes.
7. Enactment of laws to authorize the establishment of Georgia State War Veterans' Homes, such Homes to be operated in conjunction with adjacent established facilities at Milledgeville State Hospital and Battey State Hospital. The purpose for which they are to be established is to qualify the State of Georgia or any veteran to receive Federal funds which are available under existing Acts of the Congress of the United States or which might be enacted subsequently.
8. Enactment of laws permitting automobile manufacturers to sell 1956 and later model motor vehicles in Georgia equipped with the newly designed sealed beam head lamps, which will have to be omitted from cars sold in Georgia unless suitable amendments are made in present State law governing automobile head lamps. This item is included in the call so that the motoring public of Georgia will not lose the benefit of the new engineering development afforded by these new lamps.
9. Enactment of laws setting up a separate school tax digest and providing for a method of equalizing local support of education.
10. To consider and take appropriate action amending the laws pertaining to local tax officials and to the State Department
MONDAY, JUNE 6, 1955
9
of Revenue, with reference to property tax, including public utility property, so that each of the officials shall be required to maintaina separate property tax digest for educational purposes and that they be authorized to assess all property for school purposes
at not less than 50% of the true current market value. Given under my hand and the Great Seal of the State of
Georgia, at the City of Atlanta, on this 2nd day of June, in the year of Our Lord, one thousand nine hundred and fifty-five.
Marvin Griffin, Governor.
By the Governor:
Ben W. Fortson, Jr. Secretary of State. (Great Seal)
The following communications were received and read:
DEPARTMENT OF STATE Ben W. Fortson, Jr. Secretary of State Atlanta 3, Georgia
April 14, 1955
Honorable Marvin E. Moate Speaker, House of Representatives State Capitol Atlanta, Georgia
Dear Sir:
I hereby certify that the consolidated returns on file in this office of Special Election held on the 6th day of April, 1955, in Heard County, Georgia, for the purpose of electing a Representative to the General Assembly of Georgia to fill the vacancy created by the resignation of Honorable Charles L. Goodson, show the following results:
W. O. (Ted) BARKER Received... _.... 563 votes
TOM GOODSON, Jr. Received _____ .. B25 votes
Given under my hand and seal of office this the 14th day of April, 1955.
Ben W. Fortson, Jr. Secretary of State.
(Seal)
10
JOURNAL OP THE HOUSE,
DEPARTMENT OF STATE Ben W. Fortson, Jr. Secretary of State Atlanta 3, Georgia
March 14, 1955
Honorable Marvin E. Moate Speaker, House of Representatives State Capitol Atlanta, Georgia
Dear Sir:
I hereby certify that the consolidated returns on file in this office of Special Election held on the 10th day of March, 1955, for the purpose of electing a Representative from Clay County to fill the vacancy created by the death of Honorable E. M. Davis, show the following results:
A. S. KILLINGSWORTH Received. .____- 519 votes
V. GENE LINDSEY
Received---- 242 votes
Given under my hand and seal of office this 14th day of March, 1955.
(Seal)
Ben W. Fortson, Jr. Secretary of State.
Representatives-elect Barker of Heard and Killingsworth of Clay came forward to the bar of the House, and the oath of office was administered by Judge Ira Carlisle of the Court of Appeals of Georgia.
By unanimous consent, the call of the roll was dispensed with.
The following resolutions of the House were read and adopted:
HR 1. By Mr. Groover of Bibb:
A RESOLUTION
BE IT RESOLVED by the House, that the Clerk of the House be directed to notify the Senate that the House has met in extraordinary session pursuant to the call of His Excellency, Governor S. Marvin Griffin, and is now ready for the transaction of business.
HR 2. By Mr. Groover of Bibb:
A RESOLUTION
BE IT RESOLVED by the House, the Senate concurring, that a committee of five, three to be appointed by the Speaker of the House and two by the President of the Senate, to notify the Governor that the General Assembly has convened in extraordinary session in compliance with his proclamation, and is now ready for the transaction of business.
MONDAY, JUNE G, 1955
11
Under the provisions of HR 2, the Speaker appointed the following members as a Committee on the part of the House:
Messrs. Hawkins of Screven, Odom of Camden, and Sheffield of Brooks.
The following Resolution of the House was read and referred to the Committee on Rules:
HR 3. By Mr. Groover of Bibb:
A RESOLUTION
BE IT RESOLVED by the House, that House Rule No. 46 in reference to the introduction of bills and resolutions be suspended for June 6, 1955, and that bills and resolutions may be filed with the clerk on June 6th, read the first time, and referred to the Committees by the Speaker.
The following Resolutions of the House were read and adopted:
HR 4. By Mr. Groover of Bibb:
A RESOLUTION
BE IT RESOLVED by the House, that HR 3, adopted at the last regular session, in reference to compensation and appointment of attaches of the House, be re-enacted and made of force and effect for the extraordinary session.
HR 5. By Mr. Groover of Bibb:
A RESOLUTION
BE IT RESOLVED by the House, the Senate concurring, that His Excellency, Governor S. Marvin Griffin, be invited to address a joint session of the General Assembly of Georgia at twelve o'clock noon, June 6th, and providing for a Committee of Escort to be appointed by the House and Senate, three to be appointed by the Speaker of the House and two by the President of the Senate, to escort His Excellency to the House Chamber.
BE IT FURTHER RESOLVED, that the House and Senate convene in Joint Session at 11:45 a.m., June 6th, 1955, for the purpose of hearing a message from His Excellency, the Governor.
Under the provisions of HR 5, the Speaker appointed the following members as a Committee on the part of the House:
Messrs. Blalock of Clayton, Mincy of Ware, and Ramsey of Effingham.
The Speaker announced that the Messenger of the House, Honorable Marvin Brazeal of Terrell had submitted his resignation, and the Speaker announced that the House was now open for nominations for Messenger of the House.
Mr. Sheffield of Brooks placed in nomination the name of Honorable E. C.
12
JOURNAL OF THE HOUSE,
Thrash of Lowndes, the nomination being seconded by Messrs. Mathis and Register of Lowndes.
By unanimous consent, the nominations were closed.
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien
Ayers Bagby Barber of Colquitt Barber of Jackson Barker Baughman Bentley Birdsong Black Blackburn Blalock Bloodworth Bodenhamer Boggus
Bolton Brannen Brown Caldwell Callier Campbell Carlisle Cason Gates Chambers Chastain Cheatham Cheek Clary Cloud Cocke Coker of Cherokee Coker of Walker Cornelius Cotton Cowart Coxwell Deal Been 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 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 Hodges 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 Killingsworth King of Whitfield King of Chattahoochee King of Pike Kitchens Lam Land Lanier Lavender Lindsey 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
MONDAY, JUNE 6, 1955
13
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
Russell Rutland Sanders Scoggin Sheffield Short Singer Sivell Smith of Evans Smith of Emanuel Hoke 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
By unanimous consent, the verification of the roll call was dispensed with.
Upon consolidating the votes cast, it was found that Honorable E. C. Thrash had received 203 votes, being the entire number of votes cast.
Honorable E. C. Thrash was declared elected Messenger of the House, and the Speaker appointed as a Committee to notify Mr. Thrash of his election, the following members of the House:
Messrs. Sheffield of Brooks and Mathis of Lowndes.
The Speaker presented Honorable E. C. Thrash to 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 1. By Senator Overby of the 33rd:
Be it resolved by the Senate that the Secretary of the Senate notify the House of Representatives, that the Senate has convened in response to the Governor's proclamation convening the General Assembly in extraordinary session.
SR 2. By Senator Overby of the 33rd:
Be it resolved by the Senate, the House of Representatives concurring, that a committee of five, two to be appointed by the president of the
14
JOURNAL OF THE HOUSE,
Senate and three to be appointed by the speaker of the House, to notify the Governor that the General Assembly has convened in extraordinary session in compliance with his proclamation and is ready for the transaction of business.
The president has appointed on the part of the Senate as a committee:
Senators Reynolds of the 8th and Mann of the 48th.
SR 3. By Senator Overby of the 33rd:
Be it resolved by the Senate, the House of Representatives concurring, that the General Assembly convene in joint session in the hall of the House of Representatives at 12 o'clock noon on the 6th day of June, 1955, for the purpose of hearing a message from His Excellency, Governor Marvin Griffin, and that a committee of five, two to be named by the president of the Senate and three to be named by the speaker of the House, be appointed to escort His Excellency, the Governor, to the hall of the House of Representatives.
The president has appointed on the part of the Senate as a committee:
Senators Harden of the 27th and Dews of the 9th.
The following Committee Report was submitted and read:
Mr. Groover of Bibb County, Vice-Chairman of the Committee on Rules submitted the following report:
Mr. Speaker: Your Committee on Rules has had under consideration the following Reso-
lution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 3. Do Pass. Respectfully submitted,
Groover of Bibb, Vice-Chairman.
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 5. By Mr. Groover of Bibb:
A resolution by the House, the Senate concurring, that His Excellency, Governor Marvin Griffin, be invited to address a joint session of the General Assembly of Georgia at twelve o'clock noon, June 6th, and providing for a Committee of Escort to be appointed by the House and Senate, three to be appointed by the Speaker of the House and two
MONDAY, JUNE 6, 1955
15
by the President of the Senate, to escort His Excellency to the House Chamber; and for other purposes.
The following Resolution of the House was again read and adopted:
HR 3. By Mr. Groover of Bibb: A RESOLUTION
Be it resolved by the House, that House Rule No. 46 in reference to the introduction of bills and resolutions be suspended for June 6, 1955, and that bills and resolutions may be filed with the clerk on June 6th, read the first time, and referred to the Committees by the Speaker.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of bills and resolutions. 2. First readings and reference of House Bills and Resolutions.
By unanimous consent, the following bills of the House were introduced, read the first time and referred to the Committees:
HB 1. By Messrs. Moate of Hancock, Groover of Bibb and others: A Bill to be entitled an Act to amend an Act creating a Department of Public Safety, so as to provide for expiration dates for drivers licenses; and for other purposes.
Referred to the Committee on Ways and Means.
HB 2. By Messrs. Moate of Hancock, Groover of Bibb and others:
A bill to be entitled an Act to levy a tax upon fees, interests, insurance premiums and all other charges of whatever kind collected by persons licensed under the Ga. Industrial Loan Act, and for other purposes.
Referred to the Committee on Ways and Means.
HB 3. By Messrs. Moate of Hancock, Groover of Bibb and others:
A Bill to be entitled an Act to amend an Act relating to the manufacture, sale and taxation of wine, so as to provide an increase in the excise tax upon domestic wines, foreign wines, and domestic and foreign fortified wines; and for other purposes.
Referred to the Committee on Ways and Means.
HB 4. By Messrs. Moate of Hancock, Groover of Bibb and others:
A Bill to be entitled an Act to amend an Act relating to motor vehicle licenses, so as to increase the annual fees for the licensing of the operation of vehicles; and for other purposes.
Referred to the Committee on Ways and Means.
16
JOURNAL OP THE HOUSE,
HB 5. By Messrs. Moate of Hancock, Groover of Bibb and others:
A Bill to be entitled an Act to amend an Act relating to the levy of tax on sales and use of cigars, cigarettes, little cigars, cheroots and stogies, and for other purposes.
Referred to the Committee on Ways and Means.
HB 6. By Messrs. Moate of Hancock, Groover of Bibb and others:
A Bill to be entitled an Act to amend an Act relating to the license and excise tax upon the business of dealing in malt beverages, so as to provide an increase in the excise tax upon the business of selling malt beverages; and for other purposes.
Referred to the Committee on Ways and Means.
HB 7. By Messrs. Moate of Hancock, Groover of Bibb and others:
A Bill to be entitled an Act to amend the "Motor Fuel Tax Law", so as to provide an increase in the excise tax on all distributors of motor fuel, and for other purposes.
Referred to the Committee, on Ways and Means.
HB 8. By Messrs. Moate of Hancock, Groover of Bibb and others:
A Bill to be entitled an Act to amend an Act known as the "General Tax Act", so as to provide an increase in the amount of the gross premium tax to be paid by insurance companies; and for other purposes.
Referred to the Committee on Ways and Means.
HB 9. By Messrs. Moate of Hancock, Groover of Bibb and others:
A Bill to be entitled an Act to impose a motor fuel tax upon commercial vehicles that use Georgia highways while using motor fuel purchased in another state and from which Georgia has received no revenue, and for other purposes.
Referred to the Committee on Ways and Means.
HB 10. 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 a change in the rate of taxation of individuals; to reduce the rate of taxation of corporations; to provide a change in personal exemptions and credits; and for other purposes.
Referred to the Committee on Ways and Means.
HB 11. By Messrs. Moate of Hancock, Groover of Bibb and others:
A Bill to be entitled an Act to authorize municipal corporations of this State to levy and collect a gross receipts tax of not more than one-half of one per cent or to levy and collect a payroll tax of not more than one-half of one per cent; to provide an effective date; and for other purposes.
Referred to the Committee on Ways and Means.
MONDAY, JUNE 6, 1955
17
HB 12. By Messrs. Moate of Hancock, Groover of Bibb and others:
A Bill to be entitled an Act to authorize the governing authorities of the various counties to regulate and impose a license fee upon carnivals, circuses, road and shows, tent shows and any and all other itinerant shows and entertainment; and for other purposes.
Referred to the Committee on Ways and Means.
HB 13. By Messrs. Moate of Hancock, Groover of Bibb and others:
A Bill to be entitled an Act to amend the "Georgia Retailers' and Consumers' Sales and Use Tax Act", to impose a tax on all services rendered to or received by consumers with respect to tangible personal property; to define "services taxable under this Act"; and for other purposes.
Referred to the Committee on Ways and Means.
The following Resolution of the Senate was read and adopted:
SR 2. By Senator Overby of the 33rd:
A Resolution appointing a committee to notify His Excellency, the Governor, that the General Assembly has convened in extraordinary session and is ready for the transaction of business.
The following Resolution of the Senate was read:
SR 3. By Senator Overby of the 33rd:
A Resolution providing for a joint session at twelve o'clock noon, today, for the purpose of hearing a message from His Excellency, the Governor, and for other purposes.
By unanimous consent, SR 3 was tabled.
The hour of convening the joint session of the House and Senate having arrived, the Senate appeared upon the floor of the House, and the joint session convened for the purpose of hearing a message from His Excellency, Governor S. Marvin Griffin, was called to order by Honorable S. Ernest Vandiver, President of the Senate.
The Secretary of the Senate read the Resolution providing for the joint session.
Accompanied by the Committee of Escort and other distinguished guests, Governor Griffin appeared upon the floor of the House and delivered the following address:
LT. GOVERNOR VANDIVER, SPEAKER MOATE, DISTINGUISHED MEMBERS OF THE GENERAL ASSEMBLY AND MY FELLOW GEORGIANS:
We are meeting here today in an extraordinary legislative session, the success of which will determine the rate of Georgia's economic progress in the years to come.
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JOURNAL OF THE HOUSE,
It had been my hope that it would not be necessary to summon you here before next January. I would not have done so except under grave circumstances of clear and impelling necessity.
Your willingness to serve your State at this busy season is but another indication of devotion to duty which the members of your honorable body have demonstrated so well in times of crisis in the past.
As you recall, at our January session this year, I asked you to create a State Programs Study Committee to advise me and the General Assembly as to the conditions and needs of the various departments of the State; what sound economies could be made in their operation, and what could be done in solving our budget and fiscal problems.
This committee has now reported after months of painstaking and thorough application to its task.
Everyone of us who served as members of this group can speak now far more intelligently about the activities of the various departments and agencies of the state than we could before we undertook our task. I know this is true as far as I am concerned, and I am sure the same holds true for all other members.
The report of the Committee deserves most serious consideration. I say this because it is the fairest, most non-political and constructive document I have seen ever submitted by a public body considering such matters in my experience.
We held no pre-conceived ideas when we began our work, except doing what is best for the people of the State as a whole.
I am happy to say that no bickering marred our efforts, but a harmonious desire prevailed to carry the government forward and to prevent any breakdown of state services in the future.
I. GEORGIA--HER PROGRESS TO DATE.
All of us have witnessed the economic gains which have been made under an expanded program of State services. True, it has meant greater sacrifices, but the result has been higher incomes for all our people and a greater degree of human security for both urban and farm families in Georgia.
The record of total accomplishments shows that we have made strides during the last five years far beyond all expectations.
Business indices prove that we are well along the way toward taking our proper place as a leader among the most progressive states of the Union.
Value of goods produced by our industries during the last five years is up over a half billion dollars. Plant payrolls have risen another $150 million dollars annually in the same period. This economic expansion has created 100,000 new jobs for Georgians.
Our population has gained nearly a quarter million since the last census in 1950, and is expected to top 4 million within ten years.
Motor vehicle registration, in the last five years, shows that 250,000 additional cars and trucks are now in use on our highways.
MONDAY, JUNE 6, 1955
19
All of these statistics I cite to demonstrate we are growing rapidly. We must give thought at this time to what we can do to insure a continuation of this forward movement.
If we plan and work, we will see built here more than 2,500 new industrial plants in the next decade, costing in excess of $150 million dollars, and affording new employment opportunities to over 200,000 Georgia workers.
These added factories will bring about a half billion dollars in additional payrolls to stimulate the state's economy.
With such prospects as these, it is certain that vast new markets will be created for the products of our farms. There will be more mouths to feed and more dollars through increased earning capacity to buy farm commodities.
Experts predict that within our grasp is a multi-billion dollar market for farm and consumer products that we can see realized in the next ten years.
The question now is whether we are proud of this progress and whether we will take advantage of the challenge that presents itself to us?
As for me, I am not content to sit idly by and let one of the most golden eras of opportunity in the economic history of the nation be lost to our people in Georgia.
My administration will pursue a confident course in tune with the tempo of the times.
We will act constructively and we will be aggressive to see that Georgia attains the summit of strength and importance so that her people can enjoy happier, fuller and more prosperous lives.
Knowing you; having worked with you; having visited with you and your families in your homes; having been associated intimately with you in many worthy causes; and having firsthand knowledge of the sturdy fibre of which you are made, the courage you possess and the deep love you hold for Georgia and her people, I am certain that you are ready to take your places at my side. We will fight this battle together to achieve here a way of life for our people that yields to no other in its bright prospects and in its rewarding experiences.
II. WHERE WE STAND NOW.
In assaying the financial condition of the State, one has to take into account several factors.
First and foremost, in the fiscal year ending June 30th, your State government is allocating for all operations $241 million dollars, while total income for the same year has been estimated to be about $231 million dollars.
However, the Department of Revenue has intensified its collections under existing laws and we are hopeful, will collect enough money during the next fiscal year to balance the present rate of expenditures.
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JOURNAL OF THE HOUSE,
Assuming this premise, then we reach the conclusion that unless added State income is forthcoming, I will he forced to freeze allocations to ALL departments at the prevailing level.
In other words, that means we will have to operate on $241 million dollars in spite of the increase in funds needed to carry forward already established programs and to satisfy essential needs.
We will not have any surplus to fall back on under these circumstances. But, this feat of tightened collections leaves us exactly where we are now with no thought or provision for the coming fiscal year and those in the immediate future.
Therefore, we must consider what the effect will be on the functions of the various departments of the State if we are forced to halt normal expansion of the budget and hold it to current levels during the 1955-56 fiscal year beginning July 1st of this year.
My purpose today is to present the facts to you as best I know how.
Please bear in mind during the course of what I am about to say about schools, colleges, highways, welfare and health, that the job we are undertaking to do is literally on behalf of your county and your local governments.
Keep this fact before you for it is in your county's interest and the interest of your people that we are meeting here.
When we consider budget matters in this State, we must not overlook the fact that Georgia provides over half her total income for education and expends over 91 per cent of her budget on the four departments education, highways, health and welfare.
These four major departments present over 99 per cent of the problems we face in State financing.
III. WHAT WE'LL HAVE TO DO UNLESS SOMETHING IS DONE.
Let's take up, one by one, the four major departments and see for ourselves the crippling results that will befall their vital programs if we are forced to adhere to the level of expenditures of the present budget in the coming fiscal year, beginning July 1.
Take the public schools and colleges, for instance. Such a situation would wipe out a substantial part of the long-sought gains we have made.
This means that our children, as well as all the rest of us, will suffer in the future.
COMMON SCHOOLS
Specifically, how does this shortage of funds effect our public schools?
1. Next year we will be unable to provide for 30,000 additional first grade children. This number will accumulate to 120,000 in the next four years.
MONDAY, JUNE 6, 1955
21
2. We will be forced to tell school officials that the 1150 additional teachers needed for these children will not be available for the forthcoming school year.
3. We will be forced to notify county school superintendents that no extra transportation will be available to carry students to the new consolidated high schools.
4. You and I will be forced to break faith with the teachers of Georgia. We will have to tell them we are sorry but that we cannot maintain even the present salary scale. We will be forced to face the certain result of losing many of your better teachers and not being able to attract qualified educators in their places.
5. Even more cruel and heartless, we will have to tell thousands of Georgia children along the 1200 bus routes that will be needed over the next three years, that these buses cannot be provided for them.
6. Though we have spent two hundred million dollars for new school buildings, we have no alternative but to say to local officials that no additional operating funds can be supplied to help pay for extra maintenance, heat, sanitary supplies, lights, water, janitor and other services occasioned by more adequate physical facilities.
7. It will not be possible to implement laws already on the books calling for sick leave for teachers and eliminating the present unfair and discriminatory delay in allotting State education funds based upon current attendance.
UNIVERSITY SYSTEM
Here's what we can expect in our colleges:
1. We will continue to be embarrassed by the dubious honor of being the lowest State in the South in per capita appropriations per student.
2. We may see several units in our University System, including the Atlanta Division, dropped from the accredited list for not meeting minimum standards of required state support.
3. Next year, we would have the heartbreaking responsibility of trying to keep our colleges open on the same money the Board of Regents received when it had an enrollment in the University System of 6,000 less students.
4. Tuition, already too high, would have to be raised.
5. Old buildings, now literally falling apart at the seams on many of our college campuses, would not receive even routine maintenance.
6. Twenty million dollars worth of new structures would suffer the same fate if we are not able to maintain them properly.
7. Exodus of top-flight professors to neighboring states and private employment for higher salaries could not be stemmed.
8. Agricultural Extension Services and Experiment Station work for nearly 2 million farm people in Georgia would suffer serious curtailment.
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9. No new buildings of any kind could be erected.
All of these things would occasion a critical limitation next year in the scope and quality of higher education offered by the University System to the youth of Georgia.
It is a lapse of responsibility that our State cannot afford to see come to pass.
HIGHWAYS
Next, let us consider what will happen if the Highway Department is forced to operate on its current appropriation:
1. Georgia will be unable to match $6% million dollars in additional federal aid due July 1st of this year.
2. It will he impossible to implement fully the rural roads authority act as contemplated.
3. All contracts carried out by county work forces will have to he eliminated.
4. State-force heavy equipment now being used for large-scale maintenance and reconstruction throughout the State will be de-activated.
5. State funds available must be spread thin, matching as much federal aid as possible for primary construction, and what is left, for decreased maintenance.
6. And, unfortunately, unless more State money is forthcoming, we will be forced to continue the same old short-sighted practice of diverting millions in highway user revenues to other than road building programs.
Our consideration of matching federal aid for highways, should take into account federal law now in operation; the new act to become effective, July 1, this year and proposed legislation now pending in Congress.
Under the Federal Aid Act for roads during the present fiscal year, Georgia is receiving a little over $13 .million dollars annually, which she is matching on a fifty-fifty basis.
Beginning July 1st, the federal government will provide $20% million dollars each year during the next two fiscal years under another act which has already been passed. This will, of itself, require $6% million dollars more each year in State matching funds.
Just recently, the U. S. Senate passed the so-called "Gore Bill" calling for vast increases in federal grants for Georgia over the next six years, ranging from over $45 million dollars in 1956-57 to nearly $69 million dollars in 1961-62. State funds to be required under the Gore Bill, will range from a little in excess of $24 million dollars in 1956 to nearly $27 million dollars in 1961.
So, you can see that if the proposal sponsored by Senator Albert Gore passes the Federal House of Representatives, as it already has passed the U. S. Senate, we will lose over $175 million dollars during
MONDAY, JUNE 6, 1955
23
the next six years due to our present inability to provide the necessary State matching funds.
Taking into account the condition of our through highways and encouraging prospects for future large-scale federal aid, we must exert every effort to see that Georgia is not laggard in taking full advantage of these expanded highway programs.
HEALTH
Now, what about the future of our health department in view of the State's fiscal condition?
1. We face the prospect of having to tell our health workers and prospective new industries that Georgia is content to remain at a standstill in the fight against disease.
2. The long-sought goal of carrying public health service to every rural county in the state will be still for the dim, distant future.
3. Expansion at Battey Hospital would have to be halted. This would force tubercular fathers and mothers to live in the same house, exposing their children to this disease, instead of receiving the services of this fine institution. That is one terrible result.
4. Just as tragic would be the consequence of not being able to open the doors of the $15-million-dollar Eugene Talmadge Memorial Hospital Medical Center at the University Medical School in Augusta. This would deny the benefits of these modern facilities to the sick who need its care and to the young doctors and nurses whose training it will afford.
WELFARE
Let us look at the Welfare Department and its future. Comparable problems confront us in the administration of our assistance programs; in the operation of Milledgeville State Hospital and in other institutions under the department's supervision. Here are some of them:
1. For instance, we face the dire prospect at Milledgeville State Hospital of offering inferior services to the whole patient population there because of a constantly rising enrollment of over 400 mentally ill Georgians who are being admitted each year to the institution over and above the number being discharged in the same periods.
2. Similar difficulties on a lesser scale confront us at the training schools and other welfare institutions.
3. Three badly needed new buildings, almost completed, located at Milledgeville, Adamsville, and Gracewood, cannot be staffed and occupied unless funds are forthcoming to operate them.
4. Welfare assistance bringing pensions to 152,250 needy aged, blind, dependent children and totallly disabled, must be reduced 20 per cent in the next two years to make room for an additional 12,708 persons becoming eligible for benefits in accordance with federal regulations which cannot be changed.
If we fail to do our part to take full advantage of welfare benefits
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offered under the cooperative federal-state-county program, the result will be a $75 million dollar loss in federal funds to our needy people, who deserve help the most, over the next four-year period.
Under the present $63-million dollar annual assistance program in force in our State, 70 per cent comes from Washington, 26 per cent from the state and 4 per cent from the county treasuries.
I believe that as long as the federal government is furnishing such a generous part of these grants, it is good business to get back as much of our tax money from Washington as we can for our people.
It is certain, if we do not, other States will take advantage of this money which should be coming to Georgia.
IV. STATE PROGRAMS STUDY COMMITTEE RECOMMENDATIONS.
I have sought to lay before you the pressing and essential needs of the "Big Pour" departments, as determined by the State Programs Study Committee resulting from its three months of deliberations.
I have not over-emphasized the gravity of the financial plight in which your State government finds itself, nor have I sought to minimize the obstacles we face.
On the contrary, I have made an earnest effort to present the facts to you, with the firm realization that armed with truth, your actions will be just.
As far as the committee and your governor are concerned, we have sought diligently to perform a lasting and constructive service for the people. I am sure that those of you who have read the transcripts of our meetings know that the committee was composed of a representative group of citizens and that their final conclusions were arrived at after many concessions and compromises on the part of all for the good of the State.
No holds have been barred.
There have been no ifs, and or buts.
Only one criterion governed our actions and it can be summed up in one question:
"WHAT IS BEST FOR GEORGIANS?"
Answering this question, the committee has recommended that the administration and the General Assembly raise an additional $65 million dollars for the next fiscal year over and above the present $240 million dollar budget, for the purpose of meeting the minimum needs I have outlined to you.
How does the committee, after careful study and deliberation, propose that this $65 million dollars in new revenues be distributed?
FIRST, $26% million more for public schools next year.
MONDAY, JUNE 6, 1955
25
SECOND, an $8% million additional outlay for the University System of Georgia.
THIRD, $1% million more for teacher retirement.
FOURTH, $20% million additional for highways.
FIFTH, a $2% million hike in public health and State hospital operation.
SIXTH, $4 million more for pensions and institutions; and,
SEVENTH, only $584,000 for all the other departments in the state government, a negligible increase of less than 1 per cent of the total raises.
I call to your attention that all of the proposed new revenue, except $7 million dollars, either goes to education or highways.
It was not without considerable debate and discussion that the above recommendations were formulated. Of course, these amounts are scaled down substantially from the total $100-million dollar requests made by various departments and agencies.
Only those items absolutely necessary for the proper and efficient operation of the State and maximum effective service to the people have been included.
You will note that of the $65,000,000 figure, 55.9 per cent is provided for educational purposes.
Specifically 99.1 per cent of the total amount sought will go either to the counties for their distribution and administration or to the people in the form of direct benefits and services. The new funds will be spent for teachers' salaries, welfare benefits, health services and highway construction.
This is not money for the Capitol in Atlanta, but it is for your people out in the counties.
V. WHAT SERVICES WILL THIS MONEY PROVIDE?
A $65,000,000 extension of the present budget will provide only for essential expansion. This total was fixed at the lowest possible figure, all unnecessary services having been eliminated.
Adoption of revenue measures adequate to finance the program will make it possible for our counties not only to employ additional teachers, but also, will allow reasonable salary increases for all of them.
Higher salary scales proposed by the committee offer more attractive beginning salaries and a higher degree of holding power for educators already in the profession in Georgia.
More money will be available for operation, transportation, maintenance and other such items for our counties.
We will be able to protect the accredited standing of our high
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schools and University System. We will continue to advance the progress which has been made in all these units during recent years.
For Highways, we will match all federal funds coming to Georgia, we will carry forward full-scale operation of the rural roads authority, we will continue county contracts and we will double the present maintenance and re-construction program on existing highways.
Let me emphasize that the recommendations of the State Programs Study Committee for increases in outlays for road purposes takes into account only Georgia's needs under presently authorized federal allocations for next year, and does not make provision for any future raises under the terms of the Gore Bill which I have discussed with you previously.
We will extend the health program statewide and we will open the Eugene Talmadge Hospital at Augusta for full operation.
We will not remove any of our needy from the pension rolls, but on the contrary, we will be able to tell those becoming eligible that they will share in these benefits.
We will continue normal expansion in our State mercy institutions. There will be no sleeping on the floor nor turning anyone away who needs treatment.
These are the sound ways this administration and the State Programs Study Committee recommends we utilize additions to the budget.
VI. REVENUE SOURCES
Determining the minimum amounts of money needed, your committee set about to assay closely the present revenue structure of the State with a view toward ascertaining fair recommendations for raising the needed funds.
The Committee has made every effort to adapt the requirements of the State to an amount as closely as possible to practical revenue recommendations that can be made at this time.
A careful study of the tax structure of our neighboring states has been made to keep suggested changes in our revenue laws competitive or more favorable than other leading southern states, and fair to both business and individuals alike.
The recommendations take into account projected economies and streamlining of state functions, a continuing greater efficiency in the operation of the Department of Revenue and anticipated growth in the economy of the State.
Recommended changes in the Revenue Laws of Georgia to provide funds for financing the program of services as established by the Study Committee, have been embodied in appropriate bills and executive orders. Those requiring legislative or executive action are, as follows:
1. Adjust levy on cigarettes upward from 3tf to 5<f per package, with cigars increased in the same proportion. The Committee estimates this would yield $5 million dollars.
MONDAY, JUNE 6, 1955
27
2. Change by Executive Order the State Warehouse Charge on Alcoholic beverages from $1.00 to $2.25 per gallon. This order, the Committee says, would provide $4 million dollars.
3. Raise the tax on beer to 4tf per bottle or can, and increase bulk sales in proportion; restore wine tax to 1949 Special Act level (continue reduced rate for locally produced wine) ; both of which are estimated to yield $3,800,000.
4. Provide a sliding scale for motor vehicle license fees from $5.00 to $15.00; raise licenses for heavier vehicles approximately 10 per cent. This is estimated by the Committee to yield $6 million dollars.
5. Add one-half cent per gallon to the levy on motor fuel, which it is estimated will bring in an additional $5 million dollars annually.
6. Charge $1.00 per year for drivers' licenses, keeping the honorary license for veterans. Estimated yield here $1 million dollars.
7. Adopt law similar to North Carolina, making fuel and transient trucks subject to Georgia's motor fuel tax, as has been done in other states.
8. Increase rate of insurance premium tax from 2% to 2%% on foreign companies, and increase rate from % to 1% to % of 1% on domestic companies, for an estimated yield of 1% million dollars from this source.
9. Extend the sales tax to certain areas of services and tighten loopholes in this levy, which committee estimates would produce another $20% million dollars.
10. Change the method of computing State income taxes for both corporations and individuals, by eliminating federal income tax payments as deductions. Providing a reduced rate for corporations from 5% to 4 1/2 <7r, and providing increased exemptions for individuals. These reforms, it is thought, will bring in an estimated $18 million dollars.
It was recommended further by members of the State Programs Study Committee that relief be given counties and municipalities in their financial strain so as to authorize these subdivisions to exercise the right of home rule in the operation of their respective governments, as follows:
1. The enactment of a law making it optional for counties to reduce the Homestead Exemption to the legal minimum of $1,250.00.
2. The enactment of a law to give municipalities the right to levy a gross receipts or payroll tax of not over % of 1 per cent.
3. The enactment of a law to authorize the various counties of the State to assess license fees against carnivals, circuses, road shows, tent shows and any and all other itinerant shows and entertainments.
Permit me to stress that all of the suggested changes in State Revenue laws in the amounts recommended must be adopted if we are to finance the program recommended by the committee.
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This is true especially as regards the educational proposals for the only two items, which will produce sufficient revenue to finance schools and colleges, are the suggested changes in the income tax and sales tax laws.
If these are not enacted to the letter, as recommended by the committee, there will not be enough money otherwise to get the job done. We must not lose sight of this basic fact in our deliberations.
Commenting briefly on the proposed changes in the method of computing State income taxes, let me observe that the present maximum rate on corporations is 5% per cent.
This rate is not out of line with our neighboring states for North Carolina, with its great industrial activity and economic growth, has a corporate rate of 6 per cent and does not allow the federal deduction.
For this reason, I believe the corporate rate should remain at the present level, notwithstanding the fact the federal deduction is eliminated.
Under no circumstances should this rate be reduced under 4% per cent.
Something is wrong when individual income tax payments to the State have increased more than 125% in the last ten years while the total realized from corporate income taxes is up only 30 per cent in the same period.
Let me make it crystal clear, so there can be no misunderstanding on the part of anyone, that my recommendations to you, as governor, for full implementation of the report of the study committee are my responsibility.
It is a responsibility I shoulder willingly, with the sure knowledge, that given the support necessary on your part, my administration can do the job.
VII. ECONOMY SUGGESTIONS
Throughout the course of meetings held by the State Programs Study Committee, it was the purpose of that body to give each department of the State government the closest scrutiny to assure the people of Georgia, that all monies now provided are being utilized prudently and effectively in the interests of the people of our State.
No major changes involving departmental reorganization have been recommended that will require legislative approval at this time, although a substantial number of suggestions for effectuating economies through administrative action were included in the committee's report. The latter either have been placed into effect or are in the process of adoption or consideration.
While the economies proposed by the Study Committee are calculated to result in an impressive amount of long-range savings to the taxpayers, they are not of such a nature which can be accurately estimated at this time, nor are they sufficient in amounts to fill even
MONDAY, JUNE 6, 1955
29
more than a fraction of the proven needs as far as our schools, colleges, institutions, pensions and highways are concerned.
As governor and director of the budget, it will be my purpose throughout the entire course of my administration to see to it that all departments are operated at the highest level of honesty and efficiency.
I am continuing the 6 per cent budget reduction in all departments of the State government placed into effect by my distinguished predecessor.
Two other economy orders, issued by me, will remain in force and effect.
One of them requires submission to the Budget Bureau of a formal request before any job vacancy may be filled or a new position created. The other requires budgetary approval for out-of-state travel on official business.
Our policy is that all expenditures bring value received for the people and that a day's work is done for a day's pay.
I am determined that we have an administration in this state both friendly to business and a business-like administration.
We will conduct the state government on the same sound fiscal basis you would use in operating your own establishment.
We will insist on sound economies, and at the same time, we will work to enrich further those activities of the State which spur new opportunities for our people.
In the course of this operation, we will maintain inviolate the principle of the sealed bid and will award state contracts only to the lowest and best bidder.
VIII. FEDERAL FUNDS
It is important to consider one final aspect of the program recommended to you. If it is adopted and financed in full, it will bring into Georgia over $100 million dollars in federal highway and welfare funds during the next four years over and above the amounts we are receiving today.
In addition to this, the revision in the method of computing Georgia income taxes will transfer over $7 million dollars each year from the federal treasury to the State treasury at a relatively small overall increase to Georgia income taxpayers.
IX. NOW UP TO LEGISLATURE
Your Study Committee has done its work well. As governor, I am grateful for the hard work, sacrifice and cooperation on the part of the members of the Committee in working long hours to bring its report to you. Let me commend, too, you members of the General Assembly, who must now deal with the situation, for keeping open minds and demonstrating an ever-present willingness to cooperate with the administration.
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JOURNAL OF THE HOUSE,
The challenge we have before us here in Georgia, we share in common with our sister states, which have similar problems.
They are experiencing "growing pains" too.
Time for action at this point is up to you members of the General Assembly.
We can demonstrate our good faith by completing our extraordinary legislative session as expeditiously as possible so as to earn the reputation of a hard-working General Assembly and a hard-working administration.
You can depend upon me to labor tirelessly and in harmony with you for the future development and progress of our State, counties and cities.
I am confident that all our citizens, possessing full knowledge of what we need to do, will lend their sympathetic support in a mighty united effort to build here an even greater Georgia.
We are resolved to go forward and seize the opportunities which can be ours.
I shall not turn my back on progress.
I shall not desert our children in their hour of need.
I shall not shirk my responsibilities, as your chief executive, in the task of developing fully our God-given human and natural resources.
We look to the horizon of tomorrow with a calm and active faith.
Having worked and sacrificed to help ourselves, relying upon Divine Guidance, we will see mushrooming before our eyes, a mighty vista of happy, healthy, contented and prosperous people, working and praying together in a happy, healthy, contented and prosperous land.
Senator Overby of the 33rd moved that the joint session be now dissolved, and the motion prevailed.
The President of the Senate announced the joint session dissolved.
The Speaker called the House to order.
Mr. Groover of Bibb moved that the House do now adjourn until eleven o'clock tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until eleven o'clock tomorrow morning.
TUESDAY, JUNE 7, 1955
31
Representative Hall, Atlanta, Georgia. Tuesday, June 7, 1955.
The House met, pursuant to adjournment, this day at 10:00 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 Alien Ayers Bagby Barber of Colquitt Barber of Jackson Barker Baughman Bentley Birdsong Black Blackburn Blalock Bloodworth Bodenhamer Boggus Brannen Brown Caldwell Callier Campbell Carlisle
Gates Chambers Chastain Cheatham Cheek Clary Cloud Cocke Coker of Cherokee Coker of Walker Cornelius Cotton Cowart Coxwell 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 Green of Rabun Greene of Crisp Grimsley Groover Gross of Stephens Gross of Dade Gunter Hall Hardaway Harrell Harris Harrison of Jeff Davis Henderson Hendrix Hodges Hogan Holley Houston Huddleston Hudson
Ivey
Jackson Johnson of Jenkins Johnson of Gilmer Jones of Worth Jones of Lumpkin Jones of Laurens Jones of Sumter Jordan Kennedy of Turner Kennedy of Tattnall Key
Kilgore Killian Killingsworth King of Whitfield King of Chattahoochee King of Pike
Kitchens Lam Land Lanier Lavender Lindsey Lokey Long Love Lows 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 Pelham
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JOURNAL OF THE HOUSE,
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 Tanner Tarpley Terrell
Todd
Truelove
'
Twitty
Underwood of Bartow
Upshaw
Walker
Weems
Wheeler
Williams
Willingham
Willis
Wilson of Towns
Wilson of Peach
Wooten
Wright
Young
Mr. Speaker
Those not answering the roll call were Messrs. Bolton, Cason, Deal, Gillis, Harrison of Wayne, Hawkins, Hayes, Hurst, Jessup, Kelley, Peacock, Perkins, Tamplin, Turk, Underwood of Montgomery, Veal, and Watson.
Mr. Boggus of Ben Hill, Chairman of the Committee of Journals, reported that the Journal of yesterday's proceedings had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business, during the first part of the period of unanimous consents.
1. Introduction of Bills and Resolutions.
2. First reading and reference of Bills and Resolutions.
The following Bill of the House was introduced, read the first time and referred to the Committee:
HB 14. By Messrs. Floyd of Chattooga, Stripling of Coweta, and others:
A Bill to be entitled an Act to establish the Georgia State War Veterans' Home, and for other purposes.
Referred to the Committee on Veterans' Affairs.
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 1. By Messrs. Moate of Hancock, Groover of Bibb and others:
A Bill to be entitled an Act to amend an Act creating a Department of Public Safety, so as to provide for expiration dates for drivers licenses; and for other purposes.
TUESDAY, JUNE 7, 1955
33
HB 2. By Messrs. Moate of Hancock, Groover of Bibb and others:
A Bill to be entitled an Act to levy a tax upon fees, interests, insurance premiums and all other charges of whatever kind collected by persons licensed under the Ga. Industrial Loan Act, and for other purposes.
HB 3. By Messrs. Moate of Hancock, Groover of Bibb and others:
A Bill to be entitled an Act to amend an Act relating to the manufacture, sale and taxation of wine, so as to provide an increase in the excise tax upon domestic wines, foreign wines, and domestic and foreign fortified wines; and for other purposes.
HB 4. By Messrs. Moate of Hancock, Groover of Bibb and others:
A Bill to be entitled an Act to amend an Act relating to motor vehicle licenses, so as to increase the annual fees for the licensing of the operation of vehicles; and for other purposes.
HB 5. By Messrs. Moate of Hancock, Groover of Bibb and others:
A Bill to be entitled an Act to amend an Act relating to the levy of tax on sales and use of cigars, cigarettes, little cigars, cheroots and stogies, and for other purposes.
HB 6. By Messrs. Moate of Hancock, Groover of Bibb and others:
A Bill to be entitled an Act to amend an Act relating to the license and excise tax upon the business of dealing in malt beverages, so as to provide an increase in the excise tax upon the business of selling malt beverages; and for other purposes.
HB 7. By Messrs. Moate of Hancock, Groover of Bibb and others:
A Bill to be entitled an Act to amend the "Motor Fuel Tax Law", so as to provide an increase in the excise tax on all distributors of motor fuel, and for other purposes.
HB 8. By Messrs. Moate of Hancock, Groover of Bibb and others:
A Bill to be entitled an Act to amend an Act known as the "General Tax Act", so as to provide an increase in the amount of the gross premium tax to be paid by insurance companies; and for other purposes.
HB 9. By Messrs. Moate of Hancock, Groover of Bibb and others:
A Bill to be entitled an Act to impose a motor fuel tax upon commercial vehicles that use Georgia highways while using motor fuel purchased in another state and from which Georgia has received no revenue; and for other purposes.
HB 10. 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 a change in the rate of taxation of individuals; to reduce the rate of taxation of corporations; to provide a change in personal exemptions and credits; and for other purposes.
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JOURNAL OF THE HOUSE,
HB 11. By Messrs. Moate of Hancock, Groover of Bibb and others:
A Bill to be entitled an Act to authorize municipal corporations of this State to levy and collect a gross receipts tax of not more than one-half of one per cent or to levy and collect a payroll tax of not more than one-half of one per cent; to provide an effective date; and for other purposes.
HB 1-2. By Messrs. Moate of Hancock, Groover of Bibb and others:
A Bill to be entitled an Act to authorize the governing authorities of the various counties to regulate and impose a license fee upon carnivals, circuses, road and shows, tent shows and any and all other itinerant shows and entertainment; and for other purposes.
HB 13. By Messrs. Moate of Hancock, Groover of Bibb and others:
A Bill to be entitled an Act to amend the "Georgia Retailers' and Consumers' Sales and Use Tax Act", to impose a tax on all services rendered to or received by consumers with respect to tangible personal property; to define "services" taxable under this Act; and for other purposes.
Mr. Groover of Bibb moved that the House do now adjourn until 10:00 o'clock tomorrow morning, the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock tomorrow morning.
WEDNESDAY, JUNE 8, 1955
35
Representative Hall, Atlanta, Georgia. Wednesday, June 8, 1955.
The House met, pursuant to adjournment, this day at 10:00 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 Alien Ayers Bagby Barber of Jackson Barker Baughman Bentley Birdsong Black Blackburn Blalock Bloodworth Bodenhamer Boggus Bolton Brannen Caldwell Callier Carlisle
Gates Chambers Cheatham Cheek Clary Cloud Cocke Coker of Cherokee Cornelius Cotton Coxwell Deal Deen Denmark Denson Dozier Drinkard
Duke Edenfield Elder English Eyler Fain Floyd Flynt
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 Harrison of Jeff Davis Harrison of Wayne Hawkins Hayes Henderson Hodges Hogan Holley Houston
Huddleston Hudson Hurst Ivey Jackson 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
Killingsworth King of Whitfield King of Chattahoochee King of Pike Kitchens Lam Land Lavender Lindsey Long Love Lowe Mallory 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
Pelham Peters Pettey Phillips of Columbia
Phillips of Walton Pickard Potts
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JOURNAL OF THE HOUSE,
Ramsey Raulerson Ray Reed Register Rodgers Roughton Rowland Russell Rutland Sanders Scoggin Sheffield Short Singer
Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton Sognier Stephens of Clarke Stevens of Marion Strickland Stripling Tamplin Tanner Tarpley Terrell Truelove Turk Twitty
Underwood of Bartow Underwood of
Montgomery Upshaw Veal Watson Weems Wheeler Williams Willingham Wilson of Towns Wilson of Peach Wright Young Mr. Speaker
Those not answering the roll call were Messrs. Barber of Colquitt, Brown, Campbell, Cason, Chastain, Coker of Walker, Cowart, Duncan, Fordham, Harris, Hendrix, Jessup, Lanier, Lokey, Mackay, Martin, Peacock, Perkins, Ruark, Sivell, Smith of Evans, Souter, Todd, Walker, Willis and Wooten.
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. The Speaker shall have the right to call up any Bill or Resolution in any order he deems advisable.
By unanimous consent, the following Bill of the House was read the first time and referred to the Committee:
HB 15. By Messrs. Fain of Franklin, Floyd of Chattooga and others:
A Bill to be entitled an Act to provide for a tax on soft drinks and soft drink syrups and for other purposes.
Referred to the Committee on Ways and Means.
By unanimous consent, the following committee reports were received and read:
WEDNESDAY, JUNE 8, 1955
37
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 1. Do Pass. HB 2. Do Pass. HB 3. Do Pass. HB 7. Do Pass. HB 8. Do Pass. HB 9. Do Pass. HB 12. Do Pass, as amended.
Respectfully submitted, Blalock of Clayton, 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 following Bill 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.
Respectfully submitted,
Floyd of Chattooga,
Chairman.
By unanimous consent, the following bill of the House, favorably reported was read the second time:
HB 14. By Messrs. Floyd of Chattooga, Stripling of Coweta, and others:
A Bill to be entitled an Act to establish the Georgia State War Veterans' Home; to provide for additional facilities to be established by the Director of Public Welfare and the Director of Public Health, 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 3. 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 an in-
38
JOURNAL OF THE HOUSE,
crease in the excise tax upon domestic and foreign wines, and for other purposes.
The following amendment to HB 3 was read and adopted:
Mr. Groover of Bibb moves to amend HB 3 by striking quoted Section 3 from Section 1 in its entirety and in lieu thereof inserting the following:
"Section 3. The following taxes shall be levied and collected on all wines manufactured, sold, possessed, or offered for sale within the State:
"(a) On domestic wines having an alcoholic strength of not more than 14% alcohol by volume twenty cents per gallon. Domestic wines are hereby defined and declared to be those wines manufactured wholly within this State and from fruits and berries grown only within the State of Georgia and produced by natural fermentation.
"(b) On foreign wines having an alcoholic strength of not more than 14% alcohol by volume one dollar per gallon. Foreign wines are hereby defined and declared to be wines which are imported in whole or in part in the State of Georgia, or manufactured in the State of Georgia from products imported in whole or in part from without the State of Georgia and produced by natural fermentation.
" (c) On foreign wines whether fortified or not having an alcoholic strength of more than 14% alcohol by volume two dollars per gallon.
"(d) On domestic wines whether fortified or not having an alcoholic strength of more than 14% alcohol by volume fifty (50<() per gallon."
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. McWhorter of DeKalb moved the ayes and nays and the call was sustained.
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Ayers Bagby
Barber of Jackson Barker Baughman Birdsong Black Blackburn Blalock Bloodworth Bodenhamer Boggus
Bolton Brannen Brown Caldwell
Campbell Gates Chastain Clary Cloud Cocke Coker of Cherokee Cotton Coxwell Deal
Been Denmark Dozier Drinkard
Duke Duncan Edenfield Elder Eyler Fain Floyd Flynt Fordham Foster
WEDNESDAY, JUNE 8, 1955
39
Fowler of Douglas Fowler of Tift Freeman Garrard Gilleland Gillis Green of Rabun Greene of Crisp Grimsley Groover Gross of Stephens Gross of Dade Hall Hardaway Harrell Harrison of Jeff Davis Harrison of Wayne Hawkins Hayes Henderson Hodges Houston Hurst Ivey Johnson of Gilmer Jones of Worth Jordan Kelley Kennedy of Turner Kennedy of Tattnall Key Kilgore Killian Killingsworth King of Whitfield King of Pike
Land Lavender Lindsey Long Lowe Mallory
Martin Mashburn Massee Matheson of Hart Mathis of Lowndes Matthews McGarity Mincy Mobley Moore Moorman Mull Murphey of Crawford Murphy of Haralson Musgrove Nightingale Nilan Odom Parker Pelham Peters Pettey Phillips of Columbia Phillips of Walton Potts Ramsey Raulerson Ray Reed Register
Rodgers Roughton Rowland Ruark Russell Rutland Scoggin Sheffield Singer Smith of Evans M. M. Smith of Fulton Souter Stephens of Clarke Stripling Tamplin Tanner Tarpley Terrell Todd Turk Twitty Underwood of Bartow Underwood of
Montgomery Upshaw Walker Weems Wheeler Willingham Willis Wilson of Towns Wilson of Peach Wooten Wright
Those voting in the negative were Messrs.:
Bentley Callier Carlisle Chambers Cheek Cornelius English Gunter Holley Hudson Jackson
Jones of Laurens King of Chattahoochee McCracken McKelvey McKenna McWhorter Murr Palmer Perkins Pickard Sanders
Sivell Hoke Smith of Fulton Sognier Stevens of Marion Strickland Veal Watson Williams Young
The roll call was verified.
On the passage of the bill, as amended, the ayes were 147, nays 31.
40
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.
Mr. Boggus of Ben Hill arose on a point of personal privilege and addressed the House.
HB 9. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A Bill to be entitled an Act to impose a motor fuel tax upon commercial vehicles that use Georgia highways while using motor fuel purchased in another state and from which Georgia has received no revenue, and for other purposes.
The following amendment to HB 9 was read and adopted:
Mr. Blalock of Clayton moves to amend HB 9 by striking Section 13 in its entirety and substituting in lieu thereof the following:
Section 13. Occasional and emergency operation. A vehicle may be operated without a registration card or identification marker on an occasional basis provided the driver has in his possession at all times a bona fide current receipt showing that sufficient tax paid fuel has been put in the vehicle to propel it the total miles it is operated within the State.
In an emergency, the Commissioner, by telegram or letter, may authorize a vehicle to be operated without a registration card, identification marker, or current paid receipt for a period not in excess of ten days.
An amendment offered by Mr. Jones of Laurens was read and withdrawn.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 132, nays 10.
The Bill, having received the requisite constitutional majority, was passed, as amended.
The Bill was ordered immediately transmitted to the Senate.
HB 7. By Messrs. Moate of Hancock, Groover of Bibb and others:
A Bill to be entitled an Act to amend the "Motor Fuel Tax Law", so as to provide an increase in the excise tax on all distributors of motor fuel, and for other purposes.
The following amendment was read: Mr. Jones of Laurens moves to amend HB 7 as follows: By striking from the title thereof the words "to provide a maxi-
WEDNESDAY, JUNE 8, 1955
41
mum rate of refund of State tax paid upon gasoline used in operating tractors or other farm machinery used exclusively for agricultural purposes" and
By striking from said Bill Section 2 and 3 in their entirety.
On the adoption of the amendment, the ayes were 72, nays 49.
The amendment was adopted.
An amendment offered by Mr. Reed of Cobb was read and lost.
The following amendment was read and adopted:
Messrs. Nightingale and Killian of Glynn move to amend HB 7 by striking from said Bill Sections 4 and 5 and from the title of said Bill the words "to provide a maximum rate of refund of State Tax paid upon gasoline used exclusively in watercraft upon navigable waters"^
The following amendment was read:
Mr. H. Smith of Fulton moves to amend HB 7 by adding thereto the following:
"That this Act shall not become effective until ratified by the people in a special election to be held no more than sixty (60) days after its approval by the Governor."
On the adoption of the amendment, Mr. H. Smith of Pulton moved the ayes and nays and the call was not sustained.
On the adoption of the amendment, the ayes were 9, nays 98.
The amendment was lost.
Mr. Strickland of Toombs moved that HB 7 and all amendments thereto be tabled.
On the motion to table, the ayes were 23, nays 104.
The motion to table was lost.
An amendment offered by Mr. M. Smith of Fulton was read and lost.
The previous question was ordered.
The main question was ordered.
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. Jackson of Jones moved the ayes and nays and the call was sustained.
42
JOURNAL OF THE HOUSE,
The roll was called and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Barber of Colquitt Baughman Birdsong Black Blackburn Blalock Bodenhamer Bolton Brown Caldwell Campbell Gates Chastain Clary Cloud Cocke Coker of Cherokee Coker of Walker Cotton Coxwell Deal Denmark Drinkard Duke Duncan Edenfield Elder Eyler Floyd Fordham Foster Fowler of Douglas Fowler of Tift Frier Garrard Green of Rabun Greene of Crisp Gilleland Groover
Gross of Dade Hall Harrell Harrison of Jeff Davis Harrison of Wayne Hawkins Hayes Henderson Hendrix Hodges Hogan Houston Hurst Ivey Johnson of Gilmer Jones of Lumpkin Jones of Laurens Jordan Kelley Kennedy of Turner Key Kilgore Killian Killingsworth King of Whitfield Lam Land Lavender Lindsey Long Lowe Mallory Mashburn Massee Matheson of Hart Mathis of Lowndes Matthews Mauldin McGarity Moore Moorman
Mull Murphey of Crawford Nightingale Nilan Odom Pelham Peters Pettey Phillips of Columbia Phillips of Walton Ramsey Raulerson Reed Register Rodgers Rowland Rutland Scoggin Sheffield Short Smith of Evans Smith of Emanuel Souter Stephens of Clarke Tamplin Tarpley Terrell Todd Turk Underwood of Bartow Underwood of
Montgomery Upshaw Walker Weems Wheeler Willingham Wilson of Towns Wilson of Peach Wooten Wright
Those voting in the negative were Messrs.:
Ayers Bagby Barber of Jackson Barker Bentley Bloodworth Boggus Callier
Carlisle Chambers Cheatham Cheek Cornelius Deen Dozier English
Fain Flynt Freeman Gillis Grimsley Gross of Stephens Gunter Holley
WEDNESDAY, JUNE 8, 1955
43
Huddleston Hudson Jackson Jones of Worth
Jones of Sumter Kennedy of Tattnall King of Chattahoochee King of Pike McCracken McKelvey McKenna McWhorter
Mincy
Mobley Murphy of Haralson
Murr Musgrove Palmer Parker Peacock Perkins Pickard
Potts Roughton
Ruark Russell
Sanders
Hoke Smith of Fulton M. M. Smith of Fulton Sognier Stevens of Marion Strickland Stripling Tanner
Twitty Veal Watson Williams Young
The roll call was verified.
On the passage of the Bill, as amended, the ayes were 122, nays 63.
The Bill, having received the requisite constitutional majority, was passed, as amended.
The Bill was ordered immediately transmitted to the Senate.
HB 8. By Messrs. Moate of Hancock, Groover of Bibb and others:
A Bill to be entitled an Act to amend an Act known as the "General Tax Act" so as to provide an increase in the amount of the gross premium tax to be paid 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, Mr. Groover of Bibb moved the ayes and nays and the call was sustained.
The roll was called and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alien
Barber of Jackson Baughman Blackburn Blalock Bloodworth Bodenhamer Boggus Bolton Brown
Caldwell Campbell Gates Chastain Clary
Cloud Cocke Coker of Cherokee Coker of Walker Cotton Coxwell Deal Denmark Drinkard Duke Duncan Edenfield Elder Floyd Flynt
Fordham Foster Fowler of Douglas Fowler of Tift Freeman Frier Gilleland
Green of Rabun Greene of Crisp Groover Gross of Stephens Gross of Dade Hall
Hardaway Harrell
44
JOURNAL OF THE HOUSE,
Harrison of Jeff Davis Harrison of Wayne Hawkins Hayes Henderson Hendrix Hodges Hogan Houston Hurst Ivey Johnson of Gilmer Jones of Lumpkin Jones of Laurens Jordan Kennedy of Turner Kennedy of Tattnall Key Killian Killings-worth King of Whitfield King of Pike Land Long Love Lowe Mallory Mashburn
Massee Matheson of Hart Mathis of Lowndes Matthews Mauldin McGarity Mincy Mobley Moore Moorman Mull Murphey of Crawford Musgrove Nilan Odom Peters Pettey Phillips of Columbia Phillips of Walton Potts Ramsey Raulerson Ray Reed Register Roughton Rowland Ruark
Russell Rutland Scoggin Sheffield Short Singer Smith of Evans Smith of Emanuel Souter Stephens of Clarke Stripling Tamplin Tarpley Terrell Todd Turk Twitty Underwood of Bartow Underwood of
Montgomery Upshaw Walker Wheeler Willingham Wilson of Towns Wilson of Peach Wooten Wright
Those voting in the negative were Messrs.:
Adams Ayers Bagby Barber of Colquitt Barker Bentley Black Carlisle Chambers Cheatham Cheek Cornelius Deen Dozier English Eyler Fain Garrard
Gillis Grimsley Gunter
Holley Hudson Jackson Jones of Worth Jones of Sumter Kelley Kilgore King of Chattahoochee
Lam McCracken McKelvey McKenna McWhorter Murphy of Haralson
Murr
Nightingale Palmer Parker Peacock Perkins Pickard Sanders Hoke Smith of Fulton M. M. Smith of Fulton Sognier Strickland Tanner Veal Watson Williams
Young
The roll call was verified.
On the passage of the Bill, the ayes were 128, nays 52.
The Bill, having received the requisite constitutional majority, was passed.
WEDNESDAY, JUNE 8, 1955
45
The Bill was ordered immediately transmitted to the Senate.
The following Resolution of the House was read and adopted:
HR 6. By Messrs. McWhorter and Rutland of DeKalb:
A RESOLUTION
WHEREAS, That God Almighty in His unfailing wisdom has seen fit to deprive Representative and Mrs. James A. Mackay of the life of their newborn son, and
WHEREAS, Representative Mackay has been a faithful member of this House for two terms,
THEREFORE, BE IT RESOLVED that the members of this House instruct the Clerk to transmit a letter of condolence and a copy of this resolution to the bereaved couple.
Mr. Groover of Bibb moved that the House do now adjourn until ten o'clock tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until ten o'clock tomorrow morning.
46
JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia. Thursday, June 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 answered to their names:
Adams Alien
Ayers Bagby Barber of Jackson Barker Baughman Bentley Birdsong
Black Blackburn Blalock Bloodworth Bodenhamer Boggus Bolton Brannen Brown Caldwell Callier Carlisle Gates Chambers Chastain Cheatham Cheek Clary Cloud Cocke Cornelius Cotton Coxwell Deen Denmark Dozier Drinkard Duke Duncan Edenfield 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
Gunter Hardaway Harrell Harrison of Jeff Davis Hawkins
Hayes Henderson Hodges Hogan Houston Hudson Hurst Ivey Jackson 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 Killingsworth King of Whitfield King of Chattahoochee King of Pike Kitchens
Lam Land Lavender Lindsey
Long Love Lowe Mallory Martin Mashburn Matheson of Hart Mathis of Lowndes
Matthews Mauldin McCracken McGarity McKelvey McKenna McWhorter
Mincy Moore Moorman Murphey of Crawford Murphy of Haralson
Murr Musgrove Nightingale
Nilan Odom Palmer Parker Peacock Pelham Perkins Peters Phillips of Columbia
Phillips of Walton
THURSDAY, JUNE 9, 1955
47
Pickard Potts Ramsey Raulerson
Ray Register Rodgers Roughton Rowland Ruark Russell Rutland
Sanders Scoggin Sheffield Smith of Evans Smith of Emanuel
Hoke Smith of Fulton M. M. Smith of Pulton Sognier Souter
Stephens of Clarke Stevens of Marion Strickland Stripling Tamplin Tanner Tarpley Terrell
Todd 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 to the roll call were Messrs.: Barber of Colquitt, Campbell, Cason, Coker of Cherokee, Coker of Walker, Cowart, Deal, Denson, Hall, Harris, Harrison of Wayne, Hendrix, Holley, Huddleston, Jessup, Lanier, Lokey, Mackay, Massee, Mobley, Mull, Pettey, Reed, Short, Singer, Sivell and Truelove.
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. The Speaker shall have the right to call up any Bill or Resolution in any order he deems advisable.
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 15. By Messrs. Fain of Franklin, Floyd of Chattooga and others:
A Bill to be entitled an Act to provide for a tax on soft drinks and soft drinks syrups, and for other purposes.
By unanimous consent, the following Committee report was submitted and read:
48
JOURNAL OF THE HOUSE,
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 4. Do Pass.
HB 5. Do Pass.
HB 6. Do Pass.
Respectfully submitted,
Blalock of Clayton,
Chairman.
Under the regular order of business, the following Bills of the House were taken up for consideration and read the third time:
HB 2. By Messrs. Moate of Hancock, Groover of Bibb and others:
A Bill to be entitled an Act to levy a tax upon fees, interest, and all other charges collected by persons licensed under the Georgia Industrial Loan Act, and for other purposes.
The following amendment was read and adopted:
Mr. Nightingale of Glynn moves to amend HB 2 by adding the following sentence at the end of Section 1: "Any person licensed under the provisions of the 'Georgia Industrial Loan Act' who adds such tax in any manner as an additional fee or charge against the borrower shall be liable for the recovery of triple the amount of such charge by action against the lender in any court of competent jurisdiction."
The following amendment was read:
Mr. Sanders of Richmond moves to amend HB 2 by striking from Section 2 of said Bill the language "State Revenue Commission" and inserting in lieu thereof the language "Georgia Industrial Loan Corn-
Mr. Groover of Bibb moved that further consideration of HB 2 be postponed until Monday, June 13, 1955, immediately following the period of unanimous consent, and the motion prevailed.
Further consideration of HB 2 was postponed until Monday, June 13, 1955, immediately following the period of unanimous consents.
HB 12. By Messrs. Moate of Hancock, Groover of Bibb and others:
A Bill to be entitled an Act to provide for a license fee upon carnivals, road circuses, and other itinerant shows, and for other purposes.
THURSDAY, JUNE 9, 1955
49
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to authorize the governing authorities of the various counties to regulate and impose a license fee upon carnivals, circuses, road shows, tent shows, and any and all other itinerant shows and other itinerant entertainments; to provide a maximum license fee; to provide a penalty for violation; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1.
The board of commissioners of roads and revenues, or other governing authority of any county, may by order or resolution, regulate and impose a license fee, not to exceed one thousand dollars per year, upon each carnival, circus, road show, tent show, or any and all other itinerant shows or other itinerant entertainment, located or held within the county and outside the corporate limits of a municipality.
SECTION 2.
Any person, real or corporate, who shall hold, operate or conduct any show or entertainment set out in Section 1 without having obtained a license or permit, when required, from the governing authority of the County, shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than $500.00 nor more than $1,000.00 or confined for a period of not less than one month nor more than 12 months, or both. Each day of holding, operating or conducting such a show or entertainment shall be deemed a separate offense.
SECTION 3.
All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Parker of Appling moved the previous question and the call was sustained.
The previous question was ordered.
The main question was ordered.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 128, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
The Bill was ordered immediately transmitted to the Senate.
50
JOURNAL OF THE HOUSE,
HB 6. By Messrs. Moate of Hancock, Groover of Bibb and others:
A Bill to be entitled an Act to amend an Act so as to increase the excise tax upon the business of selling malt beverages, and for other purposes.
An amendment offered by Mr. Nightingale of Glynn was read and withdrawn.
The following amendment was read:
Mr. Smith of Fulton moves to amend HB 6 and Section 1 thereof, and Paragraph 2 designated as "Section 5" therein by striking the figures $9.00 wherever the figures or words appear in said Section, and substituting therefor the figures $7.00. And, by striking from said Section the words "four cents" wherever said words appear in said Section, and substituting therefor the words "two and one-half cents", so that said Section No. 1 will read as follows:
SECTION 1.
An Act entitled "An Act to provide for license and excise taxes upon the business of dealing in malt beverages; to allocate funds derived from such taxes; to provide for the enforcement of this Act; to repeal laws in conflict with this Act; and to provide for the holding of an election to ratify or reject this Act; and for other purposes", approved March 23, 1935 (Ga. Laws 1935, p. 73), as amended, particularly by an Act approved February 20, 1951 (Ga. Laws 1951, p. 356), is hereby amended by striking Section 5 in its entirety and in lieu thereof inserting the following:
"Section 5. Be it further enacted by the authority aforesaid that there is hereby imposed upon the business of selling malt beverages an excise tax in the sum of $7.00 for each container sold as hereinafter specified containing not more than 31 gallons and at a like rate for fractional parts, where the beverage is sold in or from a barrel or bulk container, such beverage being commonly known as tap or draft beer, and where the beverage is sold in bottles, cans or other containers, and not sold in or from a barrel or bulk container as above specified, there is hereby imposed upon the business of selling malt beverages an excise tax in the amount of two and one-half cents for each twelve ounces or proportionally thereof, so as to graduate the tax on bottles or cans of various sizes. Provided, there shall be no excise tax on sales of malt beverages sold to persons outside of this State, for resale or consumption outside of this State, nor upon sales of malt beverages sold to stores or canteens located on United States Army posts or reservations. There shall be paid by every brewer, wholesale dealer and retail dealer the following annual State license tax or registration fees:
For brewers _.....-_._......_.-......._....._.-......__..........-..-.............$l,000.00
For wholesale dealers ....._..... _..-..._ _ ....._........ _._..... . 500.00
For retail dealers __.._ ..... ___. _____..___ _______.__.__ ________ 25.00
Said fees shall be paid on each place of business operated and shall be paid to the State Revenue Commissioner when such brewer, whole-
THURSDAY, JUNE 9, 1955
51
sale dealer or retail dealer enters business, and annually thereafter, so long as such business is operated and conducted."
On the adoption of the amendment, the ayes were 29, nays 97.
The amendment was lost.
The previous question was ordered.
The main question was ordered.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, Mr. M. Smith of Fulton moved the ayes and nays, and the call was not sustained.
On the passage of the bill, the ayes were 115, nays 26.
The Bill, having received the requisite constitutional majority, was passed.
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 resolution of the Senate to wit:
SR 4. By Senators Matthews of the 47th, Wilkins of the 44th, Ursrey of the 54th and others:
A Resolution to request the State Board of Education to eliminate and withhold funds for the operation of certain services; 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 14. By Messrs. Floyd of Chattooga, Stripling of Coweta and others:
A Bill to be entitled an Act to establish the Georgia State War Veterans' Home, and for other purposes.
An amendment offered by Mr. Nightingale of Glynn was read and withdrawn.
The following amendment was read and adopted:
Mr. Stripling of Coweta moves to amend HB 14 by inserting at the end of Section 5 thereof, the following sentences: "That the said members of the Commission are to serve without remuneration and
52
JOURNAL OF THE HOUSE,
their services on this Commission will be considered a part of their official duties. Each department represented shall furnish such secretarial and clerical help that may be needed without pay."
The previous question was ordered.
The main question was ordered.
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 141, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
The Bill was ordered immediately transmitted to the Senate.
HB 1. 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 for expiration dates for drivers' licenses, and for other purposes.
The following amendments were read and adopted:
Mr. Bagby of Paulding moves to amend HB 1 by striking from proposed "Section 5" in Section 1 of said Bill in Lines 11, 12, 13 and 14 the words "But all such persons shall be required to stand an examination before obtaining any subsequent license. All persons making application for a new license must take an examination before obtaining such license".; and to change the comma in line 11 following the figures "1955" to a period.
Mr. Bagby of Paulding moves to amend HB 1 by striking from proposed "Section 8" in Section 3 of said Bill in Line 3 of Paragraph 3 the words "three months" and substituting in lieu thereof the words "three days".
Mr. Nightingale of Glynn moves to amend HB 1 by substituting for the period at the end of Section 2 a semicolon, and adding the following words: "provided, however, that this shall not be construed to mean that incorporated villages, towns and cities shall not have the power and authority to issue licenses and provide regulations for chauffeurs to operate within their corporate limits."
Mr. Groover of Bibb moves to amend HB 1 as follows:
By striking from the matter quoted as Section 5 in Section 1 of said bill the word and figure "December 31", wherever they appear, and inserting in lieu thereof the word and figure "March 31", and striking the word and figures "December 31, 1955", wherever they appear, and inserting in lieu thereof the word and figures "March 31, 1956", and
By striking the last paragraph of the matter quoted as Section 8
THURSDAY, JUNE 9, 1955
53
in Section 3 of said bill, and inserting in lieu thereof the following: "The fee for any duplicate license shall be $.50, except that the fee for a duplicate 5-year license shall be only for that period of time such license will still be valid. In computing such time, the person obtaining the duplicate license shall be required to pay for any part years on the same basis as for a full year."
Messrs. Freeman of Monroe and Twitty of Mitchell move to amend HB 1 as follows:
By adding at the end of the first paragraph of the matter quoted as Section 8 in Section 3 of said bill, the following: "The spouse of any person who is the head of a family and who has purchased or is the holder of an honorary operator's license shall be entitled to a one-year license upon payment of a fee of fifty cents or to a five-year license upon payment of a fee of two dollars and fifty cents, if such spouse is otherwise qualified to be licensed and is not living in a state of bona fide separation from such person. Each minor dependent child of each such licensed head of a family who is actually living with such licensed head of the family and who is otherwise qualified to obtain a license, shall be entitled to obtain a license upon the payment of a fee of twenty-five cents for a one-year license, or a fee of one dollar and twenty-five cents for a five-year license."
The previous question was ordered.
The main question was ordered.
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 Alien Ayers
Bagby Barber of Colquitt Barber of Jackson Barker Baughman
Birdsong Blackburn Blalock Bloodworth Bodenhamer Boggus Bolton Brown
Caldwell Gates Chastain
Cheek Clary Cloud Cocke Coker of Cherokee
Coker of Walker Cotton Coxwell Deal Denmark Duke Duncan Edenfield
Elder Pain Floyd
Fordham Fowler of Douglas Fowler of Tift Freeman Frier
Garrard Gilleland Greene of Crisp Groover Gross of Stephens Gross of Dade Hardaway Harrell
54
JOURNAL OF THE HOUSE,
Harrison of Wayne Hawkins Hayes Henderson Hendrix Hodges Hogan Houston Huddleston Hurst Jessup Johnson of Gilmer Jones of Lunipkin Jones of Sumter Kelley Kennedy of Turner Kennedy of Tattnall
Key Kilgore Killian Killings-worth King of Whitf ield King of Chattahoochee King of Pike Lam Land Lindsey Love Lowe
Mallory Martin Mashburn Massee Matheson of Hart Mathis of Lowndes Matthews Mauldin McGarity Mincy Mobley Moore Moorman Mull Nightingale Nilan Odom Peacock Peters Pettey Phillips of Columbia Phillips of Walton
Pickard Ramsey Raulerson Reed Rodgers Ruark Rutland
Scoggin Sheffield Shore Singer Sivell Smith of Evans Smith of Emanuel Hoke Smith of Fulton Souter Stephens of Clarke Stripling Tamplin Tarpley Terrell Todd Turk Twitty Underwood of Bartow Underwood of
Montgomery Upshaw Walker Weems Wheeler Willingham Wilson of Towns Wilson of Peach Wooten Wright
Those voting in the negative were Messrs.:
Bentley Black Brannen Callier Carlisle Chambers Cheatham Cornelius Deen Dozier Drinkard English Eyler Foster Gillis Green of Rabun Grimsley
Gunter Harrison of Jeff Davis Holley Hudson Jackson Johnson of Jenkins Jones of Worth Jones of Laurens Jordan Lavender Long McCracken McKelvey McKenna McWhorter Murphy of Haralson
Murr
Musgrove Palmer Parker Pelham Perkins Register Russell Sanders Sognier Stevens of Marion Strickland Tanner Veal Watson Williams Willis Young
The roll call was verified.
On the passage of the bill, as amended, the ayes were 132, nays 51.
The bill, having received the requisite constitutional majority, was passed, as amended.
THURSDAY, JUNE 9, 1955
55
The bill was ordered immediately transmitted to the Senate.
The following Resolution of the Senate was read and referred to the Committee on Education No. 1:
SR 4. By Senator Matthews of the 47th and others:
A Resolution requesting the State Board of Education to eliminate and withhold funds for the operation of certain services, and for other purposes.
Mr. Groover of Bibb moved that the House do now adjourn until 10:00 o'clock, a.m., Monday, June 13, 1955, and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, a.m., Monday, June 13, 1955.
56
JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia. Monday, June 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.
The roll was called and the following members answered to their names:
Adams Alien
Ayers
Bagby Barber of Jackson Barker Baughman Bentley Birdsong Black Blackburn Blalock Bloodworth Bodenhamer Boggus Bolton Brannen Brown Caldwell Callier Campbell Carlisle Chambers Chastain Cheatham Cheek Clary Cloud Coker of Cherokee Coker of Walker Cornelius Cotton Cowart Coxwell Deal Been Denmark Denson Dozier Drinkard Duke Edenfield Elder English
Eyler Fain Floyd Fordham Fowler of Douglas Fowler of Tift Freeman Frier Garrard
Gilleland Gillis Greene of Crisp Grimsley Groover Gross of Stephens Gross of Dade Hardaway Harrell Harrison of Jeff Davis Harrison of Wayne Hawkins Hayes Henderson Hendrix 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 Kennedy of Turner Key Killian Killingsworth
King of Whitf ield 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 Parker Pelham Phillips of Columbia Phillips of Walton
Pickard Ramsey
MONDAY, JUNE 13, 1955
57
Raulerson Ray Register Rodgers Roughton 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 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. Barber of Colquitt County, Cason, Gates, Cocke, Duncan, Flynt, Foster, Green of Rabun, Gunter, Hall, Harris, Huddleston, Kelley, Kennedy of Tattnall, Kilgore, King of Chattahoochee, Mull, Peacock, Perkins, Peters, Pettey, Potts, Reed, Rowland and Truelove.
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. 3. Reports of Standing Committees. 4. Second reading of Bills and Resolutions, favorably reported.
5. First reading and reference of Senate Bills and Resolutions. 6. The Speaker shall have the right to call up any Bill or Resolution in any
order he deems advisable.
By unanimous consent, the following resolutions of the House were read the first time and referred to the Committees:
HR 7. By Messrs. Moate of Hancock, Groover of Bibb and others:
A Resolution relating to the distribution of increased funds derived from laws enacted at the present extraordinary session of the General Assembly, and for other purposes.
Referred to the Committee on State of Republic.
58
JOURNAL OF THE HOUSE,
HE 8. By Messrs. Bentley of Cobb and Bagby of Paulding:
A Resolution providing for a joint committee of the House of Representatives and the Senate to study ways and means of effecting economies in the State government, and for other purposes.
Referred to the Committee on State of Republic.
By unanimous consent, the following Committee report was submitted and read:
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 10. Do Pass, as amended.
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 of the Senate to wit:
SB 3. By Senator Ricketson of the 19th:
A bill to establish the Georgia State War Veterans' Home; to provide for additional facilities to be established by the Director of Public Welfare and the Director of Public Health; to provide for the control and administration of the Georgia State War Veterans' Home; to define "War Veterans"; to provide for admission requirements to said Home; to establish a Veterans' Home Commission; to provide for the powers and duties of said Commission; to continually appropriate Federal Funds received as aid; to make the provisions of this Act severable; and for other purposes.
SB 4. By Senators Morrison of the 15th and Roop of the 37th:
A bill to amend an act known as the "Uniform Act Regulating Traffic on Highways", etc., so as to provide requirements for multiple-beam road lighting equipment; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
MONDAY, JUNE 13, 1955
59
Mr. Speaker: The Senate has adopted the following resolution of the Senate to wit:
SR 6. By Senator Millican of the 52nd:
A resolution providing that a Committee of eight members of General Assembly, five from the House to be appointed by the Speaker of the House, and three from the Senate to be appointed by the President of the Senate, be appointed to make a complete study of economies in the operation of the State government, together with recommendations to be made in connection with such economies; 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 3. By Senator Ricketson of the 19th:
A Bill to be entitled an Act to establish the Georgia State War Veteran's Home; to provide for additional facilities to be established by the Director of Public Welfare and the Director of Public Health; and for other purposes.
Referred to the Committee on Veterans Affairs.
SB 4. By Senators Morrison of the 15th and Roop of the 37th:
A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to provide requirements for multiple-beam road lighting equipment; and for other purposes.
Referred to the Committee on State of Republic.
SR 6. By Senator Millican of the 52nd:
A Resolution providing that a Committee of eight members of the General Assembly, five from the House and three from the Senate, be appointed to make a complete study of economies in the operation of the State Government, and for other purposes.
Referred to the Committee on State of Republic.
Under the regular order of business, the following bill of the House was again taken up for consideration:
HB 2. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A Bill to be entitled an Act to levy a tax upon fees, interest, and all other kinds of interest collected by persons licensed under the Georgia Industrial Loan Act, and for other purposes.
The following amendments were read and adopted:
Mr. Sanders of Richmond moves to amend HB 2 by striking from Section 2 of said Bill the language "State Revenue Commission" and inserting in lieu thereof the language "Georgia Industrial Loan Com-
60
JOURNAL OP THE HOUSE,
Mr. Groover of Bibb moves to amend HB 2 by striking from Section 3, after the word "person", the words "falsely or".
The previous question was ordered.
The main question was ordered.
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 Alien Ayers Barber of Jackson Baughman Birdsong Blalock Bloodworth Brown Caldwell Campbell Gates Chastain
Clary Cloud Cocke Coker of Cherokee Coker of Walker
Cotton Cowart Coxwell Deal Been Denmark Denson Drinkard Duke Duncan Edenfield Elder Fain Floyd Fowler of Douglas Fowler of Tift Freeman Frier Garrard
Gilleland Gillis Greene of Crisp Groover Gross of Stephens Gross of Dade Hardaway Harrell Harrison of Wayne Hawkins Hayes Henderson Hendrix Hodges Hogan Houston Hurwt Johnson of Gilmer Jones of Lumpkin Jordan Kelley Kennedy of Turner Key Killian King of Whitfield King of Pike Lam Land Lanier Lavender Love Lowe Mallory Martin Mashburn Massee Matheson of Hart
Mathis of Lowndes Matthews Mauldin McGarity Mobley Moore Moorman Musgrove Nilan Odom Pelham Peters Pettey Phillips of Columbia Phillips of Walton Pickard Ramsey Raulerson Ray Reed Register Rodgers Roughton Rowland Rutland Scoggin Sheffield Sivell Smith of Evans Stephens of Clarke Stripling Tamplin Tanner Tarpley Terrell Todd Turk
MONDAY, JUNE 13, 1955
61
Underwood of Bartow Underwood of
Montgomery Veal
Walker Weems Wheeler Willingham
Wilson of Towns Wilson of Peach Wooten
Those voting in the negative were Messrs.:
Bagby Bentley Black Blackburn
Boggus Bolton Brannen Carlisle Chambers Cheatham
Cheek Cornelius Dozier English
Eyler
Gunter Harrison of Jeff Davis Holley Hudson Ivey
Jackson Johnson of Jenkins Jones of Worth Jones of Laurens Jones of Sumter Kitchens Lindsey Lokey Long Mackay McCracken McKelvey McKenna McWhorter Mincy Murphey of Crawford Murphy of Haralson Murr Nightingale Palmer
Parker
Peacock Perkins Russell Sanders Singer Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton Sognier S outer Stevens of Marion Strickland Twitty Watson Williams Willis Wright
The roll call was verified.
On the passage of the bill, as amended, the ayes were 121, nays 58.
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 Bills of the House were taken up for consideration and read the third time:
HB 5. By Messrs. Moate of Hancock, Groover of Bibb and others:
A Bill to be entitled an Act to amend an Act so as to increase the tax on cigarettes, and for other purposes.
The previous question was ordered.
The main question was ordered.
An amendment offered by Mr. Jones of Laurens was read and lost.
The following amendment was read: Mr. Russell of Barrow moves to amend HB 5 by adding a sentence
62
JOURNAL OF THE HOUSE,
at the end of the Bill to read as follows: "Provided that the provisions of Section 4(a) of HB 465, page 272, Georgia Laws 1955 shall not apply to the increase created by said HB 5."
On the adoption of the amendment, the ayes were 42, nays 71.
The amendment was lost.
An amendment offered by Mr. Jones of Laurens was read and lost.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, Mr. 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.:
Alien Bagby Barker Baughman Birdsong Blackburn Blalock Bloodworth Bodenhamer Brown Caldwell Callier
Campbell
Gates Chastain Cloud
Cocke Coker of Cherokee Coker of Walker Cotton Cowart Coxwell Deal Denmark Duke Duncan Elder Eyler Fain Floyd Flynt Fowler of Douglas Gilleland Greene of Crisp
Groover Gross of Stephens Gross of Bade Hardaway Harrell Hawkins Hendrix Hodges Houston Hurst Jessup Johnson of Gilmer Jones of Lumpkin Jordan Kelley Kennedy of Turner Key Killian Killingsworth King of Whitf ield Lam Land Lavender
Love Lowe Mallory
Martin Mashburn Massee Matheson of Hart Matthews Mauldin McGarity Mobley
Moore Mull Murphey of Crawford Nilan Odom Peacock Pelham Peters Pettey Phillips of Columbia Phillips of Walton Ramsey Raulerson Ray Reed Rodgers Roughton Rowland Ruark Rutland Scoggin Sheffield Singer Sivell Smith of Emanuel
Souter Stephens of Clarke
Stripling Tamplin Tarpley Terrell Todd Turk Underwood of Bartow
MONDAY, JUNE 13, 1955
63
Underwood of Montgomery
Upshaw Weems
Wheeler Willingham Wilson of Towns Wilson of Peach
Wooten Wright
Those voting in the negative were Messrs.:
Adams Ayers Barber of Colquitt Barber of Jackson Bentley Black Boggus Bolton Brannen Carlisle Cason Chambers Cheatham Cheek Clary Cornelius Deen Denson Dozier Drinkard English Pordham Foster Fowler of Tift Freeman Frier Garrard
Gillis Grimsley Gunter Harrison of Jeff Davis Harrison of Wayne Hayes Henderson Hogan Holley Huddleston Hudson Jackson Johnson of Jenkins Jones of Worth Jones of Laurens Jones of Sumter King of Pike Lanier Lindsey Lokey Long Mackay Mathis of Lowndes McCracken McKelvey McKenna McWhorter
Mincy Moorman Murphy of Haralson Murr Musgrove Nightingale Palmer Parker Perkins Pickard Register Russell Sanders Smith of Evans Hoke Smith of Fulton M. M. Smith of Fulton Sognier Stevens of Marion Strickland Tanner Twitty Veal Watson Williams Willis
The roll call was verified.
On the passage of the bill, the ayes were 111, nays 79.
The bill, having received the requisite constitutional majority, was passed.
The bill was ordered immediately transmitted to the Senate.
HB 4. By Messrs. Moate of Hancock, Groover of Bibb and others.
A Bill to be entitled an Act to amend an Act so as to increase the annual fees for the licensing of the operation of motor vehicles, and for other purposes.
The previous question was ordered
The main question was ordered.
64
JOURNAL OF THE HOUSE,
The following amendments were read and adopted:
Messrs. Twitty of Mitchell and Underwood of Montgomery move to amend HB 4 by adding the following after the word "Ibs" in Section 1, Subsection 1, "and of a model not later than 1954" and striking the figures "$5.00" in the same subsection and inserting the figures "3.00"; and by adding a new subsection to be known as 1 (a) of Section 1, reading as follows: "For all other passenger motor vehicles not operated as a common or contract carrier for hire weighing not more than 3,000 Ibs. .__....__-...__-..-----$5.00."
Mr. Groover of Bibb moves to amend HB 4 by adding after the words "Section 4" in line five of Section 1 the figure "92-2902"; and by adding at the end of paragraph five of the matter quoted as new Section 4 (92-2902), the following: "Provided, however, that the maximum fee for trailers and pickups used exclusively for agricultural purposes not exceeding 3,000 Ibs. in weight shall be $5.00, and where used exclusively to haul agricultural products from one place on the farm to another or from one farm or field to another, and weighing less than 1500 Ibs. factory weight, there shall be no fee."
The following Committee amendment was read and adopted:
The Committee on Ways and Means moves to amend HB 4 by adding at the end of the matter quoted as Code Section 92-2903 in Section 2 of said bill, the following: "Persons engaged in the business of transporting motor vehicles for others under such motor vehicle's own power shall likewise be entitled to obtain license tags under the provisions of this section, but such tags shall be used only on vehicles being transported. The State Revenue Commissioner is authorized to promulgate rules and regulations covering ths issuance of tags to such persons."
An amendment offered by Mr. Groover of Bibb was read and withdrawn.
The following amendment was read and adopted:
Messrs. Cloud of Decatur and Mallory of Upson move to amend HB 4 by inserting at the end of the matter quoted as Code Section 92-2903 in Section 2 of said bill the following: "Provided, however, the provisions of this section shall not apply in any manner to farm tractors."
The following Committee amendment was read and adopted:
The Committee on Ways and Means moves to amend HB 4 by adding a new section, to be numbered Section 2 (A), to read as follows: "Section 2 (A). The provisions of this Act shall be applicable to the license tags issued for the year 1956 and subsequent years."
The following amendment was read:
Mr. Nightingale of Glynn moves to amend HB 4 by substituting the words and figures "fifty cents ($.50)" in lieu of the figure "$5.00" where the same occurs in Section 1, subsection 16, of said Bill.
MONDAY, JUNE 13, 1955
65
On the adoption of the amendment, the ayes were 73, nays 32.
The amendment was adopted.
The report of the Committee, which was favorable to the passage of the bill, as amended, was agreed to, as amended.
On the passage of the bill, as amended, 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.:
Alien Barker Baughman Birdsong Blackburn Blalock Bloodworth Bodenhamer Bolton Brown Caldwell Cason Gates Chastain Clary
Cloud Cocke Coker of Cherokee Coker of Walker Cotton Cowart Coxwell Deal Denmark Denson Duke Duncan Elder Floyd Foster Fowler of Douglas Fowler of Tift Gilleland Greene of Crisp Groover Gross of Stephens Gross of Dade Hardaway
Harrell Harrison of Wayne Hawkins Hendrix Hodges Hogan Houston Hurst Jessup Johnson of Gilmer Kelley Kennedy of Turner Key Killian Killingsworth King of Pike Lam Land Lavender Lindsey Long Love Lowe Mallory Martin Mashburn Massee Matheson of Hart Mathis of Lowndes Matthews Mauldin McGarity Mobley Moore Moorman Mull Murphey of Crawford Nightingale
Nilan Odom Peacock Pelham Peters Pettey Phillips of Columbia Phillips of Walton Pickard Ramsey Raulerson Rodgers Roughton Rowland Ruark Rutland Scoggin Sheffield Sivell Smith of Emanuel Souter Stephens of Clarke Stripling Tarpley Terrell Turk Underwood of Bartow Underwood of
Montgomery Walker Weems Wheeler Willingham
Willis Wilson of Towns Wilson of Peach
Wooten Wright
66
JOURNAL OF THE HOUSE,
Those voting in the negative were Messrs.:
Adams Ayers
Bagby Barber of Colquitt Barber of Jackson Bentley Black Boggus Brannen Callier Carlisle Chambers Cheatham Cheek Been Dozier Drinkard English Eyler Fain Flynt Fordham Freeman Frier
Garrard Gillis Grimsley Gunter Harrison of Jeff Davis Hayes Henderson Holley Hudson Ivey Jackson Johnson of Jenkins Jones of Worth Jones of Laurens Jones of Sumter King of Whitfield Lanier Lokey Mackay McCracken McKelvey McKenna McWhorter Mincv
Murphy of Haralson Murr Musgrove Palmer Parker Perkins Ray Reed Register Russell
Sanders Smith of Evans Hoke Smith of Fulton M. M. Smith of Fulton Sognier Steve.ns of Marion Strickland Tamplin Tanner Todd Upshaw Veal Watson Williams
The roll call was verified.
On the passage of the bill, as amended, the ayes were 113, nays 72.
The bill, having received the requisite constitutional majority, was passed, as amended.
The bill was ordered immediately transmitted to the Senate.
The following Resolution of the House was read and referred to the Committee on State of Republic:
HR 9. By Mr. Lavender of Elbert:
A Resolution providing for a joint committee of the House of Representatives and the Senate to study ways and means of effecting economies in the State government, and for other purposes.
The following Resolutions of the House were read and adopted:
HR 10. By Messrs. Denmark of Liberty and Freeman of Monroe:
A RESOLUTION
WHEREAS, Lieutenant Lee D. Olvey, son of Mr. and Mrs. Beulon Olvey of the County of Liberty, and grandson of G. Aaron Ivey of the County of Monroe, did recently graduate from the United States Military Academy with honor and distinction never excelled in the long history of West Point:
MONDAY, JUNE 13, 1955
67
WHEREAS, in the One Hundred Fifty years of this famous institution, through whose historical halls have passed so many of the great men, past and present, of our Nation, only five graduates, one of them being General Douglass MacArthur, have ever reached this high mark of attainment and accomplishment won by Lieutent Olvey:
WHEREAS, this brilliant and industrious son of Georgia, who first graduated from Hinesville High School and then pursued his studies at Georgia Military Academy at West Point, has also been awarded a two year Rhodes Scholarship at Oxford University in England:
BE IT RESOLVED that the House of Representatives in Georgia does hereby express its profound pride and joy in the unexcelled attainment and accomplishment of Lieutenant Lee D. Olvey.
BE IT FURTHER RESOLVED that the House does hereby extend to Lieutenant Olvey its sincere congratulations and commendations, and wish for him a long life of distinguished service to our Nation.
BE IT FURTHER RESOLVED that the Clerk of the House be authorized to send a copy of this Resolution to Lieutenant Lee D. Olvey.
HR 11. By Messrs. Freeman of Monroe, Hodges of Butts and others:
A RESOLUTION
WHEREAS, Honorable Frank Bartow Willingham of the County of Monroe departed this life on June 12, 1955;
WHEREAS, this distinguished son of Georgia rendered to the Nation unselfish service in the Armed Forces in World War I;
WHEREAS, he served for five years as Judge of the Superior Courts of the Flint Judicial Circuit, presiding over the courts of this circuit with fairness, and great judicial ability;
WHEREAS, upon his retirement from the Bench because of failing health in 1954, he became Judge Emeritus of the Superior Courts of Georgia;
BE IT RESOLVED by the House of Representatives of Georgia, that it does hereby express its deep regret upon the passing of this noble and distinguished Georgian.
BE IT FURTHER RESOLVED, That the House of Rpresentatives does hereby extend to Mrs. Frank B. Willingham and other members of his family its sincere sympathy, and that the Clerk of the House be authorized to send a copy of this Resolution to Mrs. Frank B. Willingham.
Mr. Parker of Appling moved that the House do now adjourn until eleven o'clock tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until eleven o'clock tomorrow morning.
68
JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia. Tuesday, June 14, 1955.
The House met, pursuant to adjournment, this day at 11:00 o'clock, a.m., and was called to order hy the Speaker.
Prayer was offered by the Chaplain.
The roll was called and the following members answered to their names:
Adams Alien Ayers Bagby Barber of Colquitt Barber of Jackson Barker Baughman Bentley Birdsong Black Blackburn Blalock Bloodworth Bodenhamer Boggus Bolton Brannen Brown Caldwell Callier Campbell Carlisle Cason Gates Chambers Chastain Cheatham Cheek Clary Cloud Cocke Coker of Cherokee Coker of Walker Cornelius Cotton Co wart 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 Greene of Crisp Grimsley Groover Gross of Stephens Gross of Dade Gunter Hardaway Harrell Harrison of Jeff Davis Harrison of Wayne Hawkins Hayes Henderson Hendrix Hodges Hogan Hollcy 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 Key Kilgore Killian Killingsworth King of Whitf ield King of Chattahoochee King of Pike 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
TUESDAY, JUNE 14, 1955
69
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
Russell Rutland Sanders Sheffield 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 Tamplin Tarpley Terrell
Todd 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. Green of Rabun, Hall, Harris, Kennedy of Tattnall, Kitchens, Ruark, Scoggin, Short, Stripling, Tanner and Truelove.
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. First reading and reference of Senate Bills and Resolutions.
6. The Speaker shall have the right to call up any Bill or Resolution in any order he deems advisable.
By unanimous consent, the following Bill of the House was read the first time and referred to the Committee:
HB 16. By Mr. Hayes of Coffee:
A Bill to be entitled an Act to require purchasers of intoxicating liquors from retail dealers to obtain a permit, and for other purposes.
Referred to the Committee on State of Republic.
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JOURNAL OF THE HOUSE,
By unanimous consent, the following bill and resolutions of the House and Senate were withdrawn from the Committee on State of Republic, read the second time and recommitted:
HR 7. By Messrs. Moate of Hancock, Groover of Bibb and others:
A Resolution relating to the distribution of increased funds derived from laws enacted at the present extraordinary session of the General Assembly, and for other purposes.
HR 9. By Mr. Lavender of Elbert:
A Resolution providing for a joint committee of the House of Representatives and the Senate to study ways and means of effecting economies in the State government, and for other purposes.
SB 4. By Senators Morrison of the 15th and Roop of the 37th:
A Bill to be entitled an Act to amend an Act so as to provide requirements for multiple-beam road lighting equipment, and for other purposes.
SR 6. By Senator Millican of the 52nd:
A Resolution providing for the appointment of a joint committee to make a complete study of economies that might be effected in the operation of the State government, and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the House to wit:
HB 3. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A Bill to amend an Act relating to the manufacture, sale and taxation of wine, so as to provide an increase in the excise tax upon domestic wines, foreign wines, and domestic and foreign fortified wines; and for other purposes.
HB 9. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A Bill to impose a motor fuel tax upon commercial vehicles that use Georgia highways while using motor fuel purchased in another State and from which Georgia has received no revenue; and for other purposes.
The Senate has passed as amended by the requisite constitutional majority the following bills of the House to wit:
HB 7. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A Bill to amend the "Motor Fuel Tax Law", so as to increase the excise tax on all distributors of motor fuel; and for other purposes.
TUESDAY, JUNE 14, 1955
71
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill of the Senate to wit:
SB 5. By Senator Millican of the 52nd:
To amend an Act known as the "Old Age Assistance Act" approved February 26, 1937, p. 311, as amended by an Act approved February 21, 1951 (Ga. Laws 1951, p. 466), so as to make it mandatory that the Director of the State Department of Public Welfare require the local Board of Public Welfare of the county in which a deceased recipient of assistance resided to execute and acknowledge a notice of claim against the estate of such recipient, and to provide that such notice must be filed within 60 days after the death of such recipient; to repeal conflicting laws; and for other purposes.
The following Resolution of the House was read and adopted:
HR 12. By Mr. Moate of Hancock:
A Resolution memorializing Congress to delay action on current tariff legislation, and for other purposes.
By unanimous consent, the following Bill of the Senate was read the first time and referred to the Committee:
SB 5. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act so as to require the filing of a claim against the estate of a deceased recipient of old age assistance and for other purposes.
Referred to the Committee on State of Republic.
Under the regular order of business, the following Bill of the House was taken up for consideration and read the third time:
HB 10. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A Bill to be entitled an Act to amend the Code so as to change income tax rates, and for other purposes.
Mr. Jackson of Jones moved that further consideration of HB 10 be postponed until tomorrow morning at eleven o'clock.
The motion to postpone was withdrawn.
Mr. Jackson of Jones moved that HB 10 be tabled.
On the motion to table, the ayes were 47, nays 78.
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JOURNAL OF THE HOUSE,
The motion to table was lost.
Mr. Phillips of Walton moved the previous question and the motion prevailed.
The previous question was ordered.
Mr. Ivey of Newton moved that the House do now adjourn until eleven o'clock tomorrow morning and the motion was lost.
The main question was ordered.
The following amendment was read and adopted:
Mr. Rutland of DeKalb moves to amend HB 10 by adding at the end of Section 1, the following: "Any other requirement to the contrary notwithstanding any unmarried person whose annual gross income is less than $5,000, or any married person living with his or her spouse, whose combined annual gross income is less than $6,000, shall be exempt from the payment of any income tax, provided, however, each person to qualify for this exemption must timely file with the State Revenue Commissioner on a short form prescribed by said Commissioner a statement of their gross income for the year under consideration and such other related information so required by the Commissioner."
The following Committee amendment was read:
The Committee on Ways and Means moves to amend Section 2 of HB 10 by striking said Section 2 in its entirety, and inserting in lieu thereof, a new Section 2, as follows:
"Code Section 92-3102, relating to the rate of taxation of corporations, as amended, is hereby amended by striking therefrom, the words 'five and one-half and inserting in lieu thereof, the word 'four', so that Code Section 92-3102, as amended, shall read:
'92-3102. Rate of Taxation of corporations. Every domestic corporation and every foreign corporation shall pay annually an income tax equivalent to four per cent of the net income from property owned or from business done in Georgia, as is defined in Section 92-3113.'"
On the adoption of the amendment, the ayes were 99, nays 46.
The amendment was adopted.
The following Committee amendment was read and adopted:
The Committee on Ways and Means moves to amend HB 10 in the following particular:
By adding to sub-section (J) of Section 3 of said bill immediately after the language "created for the benefit of such" the words "dependent whether said $600.00 be accrued or paid within" so that now sub-section (J) of Section 3 as amended shall read as follows: No person shall be allowed a credit for a dependent or dependents when
TUESDAY, JUNE 14, 1955
73
the person or persons claimed as dependents are entitled to receive an income in an amount exceeding $600.00 a year from a trust created for the benefit of such dependent, whether said $600.00 be accrued or paid within the taxable year.
An amendment offered by Mr. Reed of Cobb was read and lost.
The following Committee amendment was read and adopted:
The Committee moves to amend HB 10 in the following particulars:
By adding to the caption thereof immediately before the words "to repeal conflicting laws" the following:
To amend Section 92-3105 of the Code of Georgia, as amended, which provides for the exemption of certain societies, orders, associations, cooperatives, funds, chests, foundations, leagues, chambers, boards, clubs, companies, trusts and organizations from income taxes, in order to make such exemption inapplicable to any society, order, association, cooperative, fund, chest, foundation, league, chamber, board, club, company, trust or organization which engages either directly or indirectly in competitive commerce with private or public corporations, individuals, partnerships or associations not so exempt, in the marketing of either products or services.
By adding thereto a new section to be known as Section 7, which shall read as follows:
Section 92-3105 of the Code of Georgia, as amended, which provides for the exemption of certain societies, orders, associations, cooperatives, chests, foundations, leagues, chambers, boards, clubs, companies, trusts, and organizations from income taxes, be further amended by adding at the end of said section the following: "Provided, however, that no such society, order, association, cooperative, fund, chest, foundation, league, chamber, board, club, company, trust or organization which engages directly or indirectly in competitive commerce with private or public corporations, individuals, partnerships or associations not so exempt, in the marketing of either products or services, shall be so exempt from taxation."
The following amendment was read and adopted:
Messrs. Harrell of Grady and McGarity of Henry move to amend the Committee amendment to HB 10 which added a proviso to Section 92-3105 of the Code, as follows:
By adding at the end of said proviso the following: "Provided, however, cooperatives formed by producers of farm and dairy products for the purpose of selling the products produced by the members of such cooperatives shall be exempt from taxation under the law insofar as profits are derived from the marketing thereof."
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. Pickard of Muscogee moved the ayes and nays and the call was sustained.
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JOURNAL OF THE HOUSE,
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alien Ayers Bagby Barber of Colquitt Barker Baughman Blackburn Blalock Bloodworth Bodenhamer Brown Caldwell Campbell Cason Cates Chastain Clary Cloud Cocke Coker of Cherokee Coker of Walker Cotton Coxwell Deal Denmark Drinkard Duke Duncan Elder Ployd Flynt Fowler of Douglas Fowler of Tift Garrard Gilleland Greene of Crisp
Groover Gross of Dade Hardaway
Harrell Harrison of Wayne Hawkins Hayes Henderson Hendrix Hodges Hogan Houston Hurst Jessup Johnson of Jenkins Johnson of Gilmer Jones of Lumpkin Jones of Laurens Jordan Kennedy of Turner Key Kilgore Killian Killingsworth King of Whitfield King of Chattahoochee King of Pike Land Lanier Lavender Long Love Lowe Mallory Martin Mashburn Massee Matheson of Hart Mathis of Lowndes Mauldin McGarity Mobley
Those voting in the negative were Messrs.:
Adams Barber of Jackson
Bentley Birdsong Black Boggus Bolton Brannen Carlisle Chambers
Cheatham Cheek Cornelius Deen Denson Dozier English Eyler Fain Fordham
Moore Moorman Mull Murphey of Crawford Musgrove Odom Peacock Pelham Peters Pettey Phillips of Columbia Phillips of Walton Potts Ramsey Raulerson Register Rodgers Roughton Rowland Rutland Sheffield Singer Smith of Evans Souter Stephens of Clarke Tarpley Terrell Todd Turk Underwood of Bartow Underwood of
Montgomery Weems Wheeler Willingham Wilson of Towns Wilson of Peach Wooten
Foster Freeman Frier Gillis Grimsley Gross of Stephens Harrison of Jeff Davis Holley Huddleston Hudson
TUESDAY, JUNE 14, 1955
75
Ivey Jackson
Jones of Worth Jones of Sumter Kelley
Lam Lindsey Lokey
Mackay Matthews MeCracken McKelvey
McKenna McWhorter Murphey of Haralson
Murr Nightingale
Nilan Palmer Parker
Perkins Pickard Ray
Reed Russell Sanders Sivell
Smith of Emanuel Hoke Smith of Pulton M. M. Smith of Fulton
Sognier Stevens of Marion
Strickland Tamplin Tanner
Twitty Upshaw Veal
Walker Watson Williams Willis
Young
The roll call was verified.
On the passage of the Bill, as amended, the ayes were 115, nays 73.
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 13. By Messrs. Harrison of Wayne, Moate of Hancock and Groover of Bibb:
A RESOLUTION
To wish a speedy recovery for Honorable Paul Green.
WHEREAS, Honorable Paul Green, Representative of Rabun County, suffered a hemorrhage and is confined in the hospital at Clayton, Georgia, and
WHEREAS, Paul has served his county and State well and is sorely missed by all the members of this body.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that a speedy recovery be wished for Honorable Paul Green, with the hope that he will be able to join his colleagues in the House.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted by the Clerk of the House to Honorable Paul Green.
HR 14. By Messrs. Harrison of Wayne, Sheffield of Brooks and Moate of Hancock:
A RESOLUTION
Expressing the wish for a speedy recovery for the mother of Representative Bob Scoggin.
WHEREAS, it has come to the attention of this body that the
76
JOURNAL OF THE HOUSE,
mother of Honorable Bob Scoggin, Representative of Floyd County, is seriously ill and it has become necessary for Bob to leave this session of the General Assembly in order to be with his mother,
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that a speedy recovery be wished for the mother of Honorable Bob Scoggin and the individual prayers of the members of this body go along with this wish.
BE IT FURTHER RESOLVED, that a copy of this Resolution be transmitted by the Clerk of the House to Honorable Bob Scoggin.
Mr. Bagby of Paulding moved that the House do now adjourn until eleven o'clock tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until eleven o'clock tomorrow morning.
WEDNESDAY, JUNE 15, 1955
77
Representative Hall, Atlanta, Georgia. Wednesday, June 15, 1955.
The House met, pursuant to adjournment, this day at 11:00 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. Groover of Bibb gave notice that at the proper time he would move that the House reconsider its action in adopting the Rutland amendment to the following Bill of the House:
HB 10. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A Bill to be entitled an Act to amend the Code so as to change income tax rates, and for other purposes.
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. First reading and reference of Senate Bills and Resolutions.
6. The Speaker shall have the right to call up any Bill or Resolution in any order he deems advisable.
By unanimous consent, the Clerk was directed to delete, when engrossing for transmittal to the Senate, the Rutland amendment from the following Bill of the House:
HB 10. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A Bill to be entitled an Act to amend the Code so as to change income tax rates, and for other purposes.
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JOURNAL OF THE HOUSE,
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following Bill of the House to wit:
HB 8. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A Bill to be entitled an Act to amend an Act known as the "General Tax Act", so as to provide an increase in the amount of the gross premium tax to be paid by insurance companies; and for other purposes.
By unanimous consent, the following Committee reports were submitted and read:
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 and Bills of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations :
HR 7. Do Pass, as amended.
HR 9. Do Pass, as amended.
SB 4. Do Pass.
SR 6. 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 recommendation:
HB IB. Do Not Pass.
Respectfully submitted,
Blalock of Clayton,
Chairman.
Mr. Blalock of Clayton County, Chairman of the Committee on Ways and Means, submitted the following report:
WEDNESDAY, JUNE 15, 1955
79
Mr. Speaker: Your Committee on Ways and Means has had under consideration the fol-
lowing Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 13. Do Not Pass.
Respectfully submitted,
Blalock of Clayton,
Chairman.
Under the regular order of business, the following Bill and Resolutions of the House and Senate were taken up for consideration and read the third time:
SB 4. By Senators Morrison of the 15th and Roop of the 37th:
A Bill to be entitled an Act to amend an Act so as to provide requirements for multiple-beam road lighting equipment on motor vehicles, and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 121, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HR 9. By Mr. Lavender of Elbert:
A Resolution providing for a joint committee of the House of Representatives and the Senate to study ways and means of effecting economies in the State government, and for other purposes.
The previous question was ordered.
The main question was ordered.
The following Committee amendment was read and adopted:
The Committee on State of Republic moves to amend HR 9 by striking the word "three" in line 5 of page 2 and inserting in lieu thereof the word "five"; and by striking the word "two" in line 7 of page 2 and inserting in lieu thereof the word "three".
The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.
On the adoption of the Resolution, as amended, the ayes were 119, nays 4.
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JOURNAL OF THE HOUSE,
The Resolution, having receiving the requisite constitutional majority, was adopted, as amended.
The Resolution was ordered immediately transmitted to the Senate.
HR 7. By Messrs. Moate of Hancock, Groover of Bibb and others:
A Resolution relating to the distribution of increased funds derived from laws enacted at the present extraordinary session of the General Assembly, and for other purposes.
The previous question was ordered.
The main question was ordered.
The following Committee amendment was read and adopted:
The Committee on State of Republic moves to amend HR 7 in the following manner:
By adding in the caption of the Resolution, after the word "derived", the following words: "from Executive Orders of the State Revenue Commissioner and"
And by adding in the first paragraph of the Resolution, after the words "extraordinary session", the following words: "and derived from Executive orders of the State Revenue Commissioner, now, heretofore, and hereafter, promulgated and enforced"
And by adding in the third paragraph of the Resolution, after the word "derived", the following words: "from Executive Orders of the State Revenue Commissioner and"
And by adding in the first sentence of the fourth paragraph of the Resolution, after word "derived", the following words: "from Executive Orders of the State Revenue Commissioner, now, heretofore, and hereafter, promulgated and enforced, and"
And by adding in the second sentence of the fourth paragraph of the Resolution, after the word "derived", the following words: "from Executive Orders of the State Revenue Commissioner heretofore, now, and hereafter promulgated and enforced, and."
And by adding in the last paragraph of the Resolution after word "only", in the second sentence thereof, the following words: "And shall be of no further force and effect upon the passage of a General Appropriation Bill."
The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.
On the adoption of the Resolution, as amended, the ayes were 120, nays 0.
The Resolution, having received the requisite constitutional majority was adopted, as amended.
The Resolution was ordered immediately transmitted to the Senate.
WEDNESDAY, JUNE 15, 1955
81
Mr. Reed of Cobb moved that the House disagree to the unfavorable committee report on the following Bill of the House:
HB 15. By Messrs. Fain of Franklin, Lavender of Elbert and others:
A Bill to be entitled an Act to provide for a tax on soft drinks and soft drink syrups, and for other purposes.
Mr. Lavender of Elbert arose on a point of personal privilege and addressed the House.
The previous question was ordered.
The motion to disagree to the unfavorable committee report on HB 15 was lost.
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 5. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act so as to require the filing of a claim against the estate of a deceased recipient of old age assistance, and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following Bills of the House to wit:
HB 14. By Messrs. Floyd of Chattooga, Stripling of Coweta and others:
A Bill to establish the Georgia State War Veterans' Home; to provide for additional facilities to be established by the Director of Public Welfare and the Director of Public Health; and for other purposes.
HB 1. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A Bill to amend an Act creating a Department of Public Safety; so as to provide for expiration dates for drivers licenses; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has adopted the following Resolution of the Senate to wit:
SR 5. By Senators Millican of the 52nd and Overby of the 33rd:
A Resolution relative to the distribution of highway funds; and for other purposes.
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JOURNAL OF THE HOUSE,
The following Resolutions of the House were read and adopted:
HR 15. By Messrs. Baughman of Early, Wilson of Peach and others:
A Resolution relating to federal appropriations for the construction of dams, locks and basins in Georgia, and for other purposes.
HR 16. By Messrs. Musgrove of Clinch, Henderson of Atkinson and others:
A Resolution calling on all Georgians to use every possible precaution while in the woods and to exercise extreme vigilance in the prevention of forest fires.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 14. By Messrs. Floyd of Chattooga, Stripling of Coweta and others:
A Bill to be entitled an Act to establish the Georgia State War Veterans' Home, and for other purposes.
The following Senate amendment was read:
The Senate moves to amend HB 14 by amending Section 5 as follows: after word "duties" in line 10 change period to comma and add "Provided, however, members of legislature serving on said Commission shall be paid usual per diem and expenses paid members of interim committees."
Mr. Nightingale of Glynn 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 14 was agreed to.
Mr. Groover of Bibb moved that the House do now adjourn until eleven o'clock tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until eleven o'clock tomorrow morning.
THURSDAY, JUNE 16, 1955
83
Representative Hall, Atlanta, Georgia. Thursday, June 16, 1955.
The House met, pursuant to adjournment, this day at 11:00 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. First reading and reference of Senate Bills and Resolutions. 6. The Speaker shall have the right to call up any Bill or Resolution in
any order he deems advisable.
By unanimous consent, the following Committee report was submitted and read:
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 recommendations:
SB 5. Do Not Pass.
Respectfully submitted,
Drinkard of Lincoln,
Chairman.
The following Resolution of the House was read and adopted:
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JOURNAL OF THE HOUSE,
HR 17. By Messrs. Hawkins of Sereven and Nilan of Muscogee:
A Resolution commending Major General Eugene M. Caffey, United States Army, for his long and distinguished service as a combat officer and as Judge Advocate General of the Army, and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the House to wit:
HB 2. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A Bill to be entitled an Act to levy a tax upon fees, interests, insurance premiums and all other charges of whatever kind collected by persons licenses under the Georgia Industrial Loan Act; and for other purposes.
HB 12. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A Bill to be entitled an Act to authorize the governing authorities of the various counties to regulate and impose a license fee upon carnivals, circuses, road shows, tent shows; and for other purposes.
The Senate has passed as amended by the requisite constitutional majority the following Bill of the House to wit:
HB 6. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A Bill to be entitled an Act to amend an Act relating to the license and excise tax upon the business of dealing malt beverages; and for other purposes.
By unanimous consent, the following Resolution of the Senate was read the first time and referred to the Committee:
SR 5. By Senators Millican of the 52nd and Overby of the 33rd:
A Resolution relative to the distribution of highway funds, and for other purposes.
Referred to the Committee on State of Republic.
The following Bills of the House were taken up for the purpose of considering the Senate amendments thereto:
HB 6. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A Bill to be entitled an Act to amend an Act so as to increase the tax on alcoholic beverages, and for other purposes.
THURSDAY, JUNE 16, 1955
85
The following Senate amendment was read:
Senator Hollis of the 24th moves to amend HB 6 by striking therefrom the word "Army" and substituting therefor the word "military".
Mr. Groover of Bibb 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 6 was agreed to.
HB 1. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A Bill to be entitled an Act to amend an Act so as to provide for expiration of drivers licenses, and for other purposes.
The following Senate amendment was read:
The Senate moves to amend Section 3, page 3, line 13 of HB 1 by striking the word "twenty-five" and inserting the word "fifty" and in line 14 by striking the words "one dollar and twenty-five" and inserting the word "two dollars and fifty".
Mr. Groover of Bibb moved that the House disagree to Senate Amendment No. 1 to HB 1, and the motion prevailed.
Senate Amendment No. 1 to HB 1 was disagreed to.
The following Senate amendment was read:
Senators Overby of the 33rd and Hollis of the 24th move to amend HB 1, as follows:
By adding to the title, before the words "to repeal conflicting laws" the words "to provide an effective date'1, and
By striking from the matter quoted as Section 5 in Section 1 of said Bill the words "after the effective date of this Act" and inserting in lieu thereof the words "on or after July 1, 1955", and
By striking from the matter quoted as Section 5 in Section 1 of said Bill the words "prior to the effective date of this Act", and inserting in lieu thereof the words "prior to July 1, 1955", and
By adding a new section, to be numbered Section 3A, to read as follows:
"Section 3A. This Act shall become effective on July 1, 1955."
Mr. Groover of Bibb moved that the House agree to Senate Amendment No. 2 to HB 1.
On the motion to agree, the ayes were 107, nays 1.
Senate Amendment No. 2 to HB 1 was agreed to.
86
JOURNAL OF THE HOUSE,
HB 8. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A Bill to be entitled an Act to amend an Act so as to increase the gross premium tax paid by insurance companies, and for other purposes.
The following Senate amendments were read:
Senators Millican of the 52nd and Hollis of the 24th move to amend HB 8, Section 2, line 2 by striking the words "one-half" and inserting "one-fourth".
Senator Dews of the 9th moves to amend HB 8, Section 2, by striking the words "January 1, 1955" and substituting the words "July 1, 1955".
Senator Overby of the 33rd moves to amend HB 8, as follows:
By adding in the title, before the words "to provide an effective date", the words "to clarify provisions relative to investments for abatement purposes", and
By striking Section 3 in its entirety and inserting in lieu thereof a new Section 3, to read as follows:
"Section 3. Said Act is further amended by striking subsection (3) of Section 7, and inserting in lieu thereof a new subsection (3) to read as follows:
"'(3) Whenever any insurance company, doing business in this State, shall make it appear by proof to the Insurance Commissioner that one-fourth of the total assets, exclusive of government war bonds, which are hereby defined and declared to mean United States government bonds or United States Treasury bonds, or obligations issued on or after December 7, 1941, and prior to December 31, 1946, are invested in any or all of the following assets, to-wit: Bonds of this State or of any county or municipality of this State, investments in property situated in and taxed by the State of Georgia, including real estate owned by such company, loans secured by liens on real estate situated in this State, policy loans on insurance policies issued by such company on lives of persons resident in this State, or stocks in Georgia corporations in which insurance companies are authorized to invest their assets under the laws of the State of Georgia, then the tax levied by subsection (1) shall be abated or reduced to one and one-quarter per centum upon the gross receipts of such company; and, if the amount so invested by any such company shall be as much as threefourths of the total assets of such company, then said premium tax shall be abated or reduced to one-half of one per centum upon such gross receipts of such company.' " and
By adding a new section, to be known as Section 3A, to read as follows:
"Section 3A. Upon premiums received prior to July, 1955, the tax levied herein shall be at the rate existing prior to the passage of this Act."
THURSDAY, JUNE 16, 1955
87
Mr. Groover of Bibb moved that the House disagree to the Senate amendments.
Mr. Jones of Laurens moved that the House agree to the Senate amendments, and the motion was lost.
Mr. Groover of Bibb moved that the House disagree to the Senate amendments.
On the motion to disagree, Mr. Williams of Hall moved the ayes and nays and the call was not sustained.
On the motion to disagree, the ayes were 85, nays 39.
The Senate amendments to HB 8 were disagreed to.
The following communication was received and read:
June 15th, 1955
Hon. Marvin E. Moate, Speaker House of Representatives State Capitol Atlanta, Georgia
Dear Mr. Speaker:
In my message to the General Assembly in Joint Session on June 6th, I made certain specific recommendations to the General Assembly
with reference to proposed changes in the basic school laws. I also made certain specific recommendations concerning changes in the revenue laws and additional revenue which I believed necessary to continue
the state's services of government without curtailment and interruption.
Since the appropriate Senate committee saw fit to defeat the pro-
posed changes in the basic school laws, I do not believe it either
prudent or necessary to recommend to the General Assembly revenue
measures necessary to produce sixty-five million dollars in additional
state income. For this reason I recommend that your distinguished
body discontinue consideration of the proposed sales tax bill and ex-
tension of the sales tax into the field of personal services and any other
income measures not recommended or advocated by me in my message
to the General Assembly in Joint Session.
>
MG:MH
Sincerely yours, Marvin Griffin, Governor
The following Resolution of the House was read and adopted:
HR 18. By Messrs. Lokey, M. Smith and H. Smith of Fulton and Fowler of Douglas:
A Resolution commending Lieutenant General Alexander Russell Bolling, Commanding General of the Third Army, and for other purposes.
88
JOURNAL OF THE HOUSE,
At the request of Mr. Lokey of Pulton, the following Bill of the Senate was placed on the Calendar for the purpose of considering the unfavorable report
of the Committee thereon:
SB 5. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act so as to require the filing of a claim against the estate of a deceased recipient of old age assistance, and for other purposes.
Mr. Lokey of Fulton moved that the House disagree to the Committee report on SB 5.
Mr. Smith of Emanuel moved the previous question and the motion prevailed.
The previous question was ordered.
Mr. Groover of Bibb moved that the House agree to the Committee report on SB 5.
On the motion to agree, the ayes were 104, nays 12.
The Committee report on SB 5 was agreed to.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following Bill of the House to wit:
HB 4. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A Bill to amend an Act relating to motor vehicle licenses, so as to increase the annual fees for the licensing of the operation of vehicles; and for other purposes.
The Senate has adopted the following Resolutions of the Senate to wit:
SR 10. By Senators Warnell of the 2nd, Wood of the 49th, Wetherington of the 6th, Raulerson of the 46th and Paulk of the 45th:
A Resolution calling on all Georgians to use every possible precaution while in the woods and to exercise extreme vigilance in the prevention of forest fires; and for other purposes.
The following Resolutions of the House and Senate were read and adopted:
THURSDAY, JUNE 16, 1955
89
HR 19. By Messrs. Smith of Emanuel, Palmer of Mitchell and others:
A RESOLUTION
WHEREAS, Frank S. Twitty, Jr., is now in the Emory University Hospital recovering from surgery, and
WHEREAS, this Body is deeply appreciative for the long and faithful service that Frank Twitty, Sr., has rendered as a public servant for the State of Georgia;
NOW, THEREFORE, BE IT RESOLVED that the House of Representatives extend to Frank S. Twitty, Jr., its best wishes for a successful and rapid recovery;
RESOLVED FURTHER that a copy of this Resolution be spread upon the Journal of the House and a further copy sent to Frank S. Twitty, Jr.
HR 20. By Messrs. Groover of Bibb, Moate of Hancock and Harrison of Wayne:
A Resolution inviting Honorable Hugh Carney, Chairman, State Pardon and Parole Board, to explain his proposed plan for a State-wide probation system, and for other purposes.
SR 10. By Senators Warnell of the 2nd, Wood of the 49th and others:
A Resolution calling on all Georgians to use every possible precaution while in the woods and to exercise extreme vigilance in the prevention of forest fires, and for other purposes.
Mr. Groover of Bibb moved that the House do now adjourn until ten o'clock tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until ten o'clock tomorrow morning.
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JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia. Friday, June 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.
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. First reading and reference of Senate Bills and Resolutions. 6. The Speaker shall have the right to call up any Bill or Resolution in
any order he deems advisable.
The following Resolutions of the House were read and adopted:
HR 21. By Messrs. Killian of Glynn, Gross of Stephens and Scoggin of Floyd:
A Resolution commending Paul Anderson of Toccoa, Georgia for his excellent record in weight lifting in competition against some of the world's greatest athletes, and for other purposes.
HR 22. By Messrs. Cheatham, Eyler and Sognier of Chatham:
A Resolution naming the new bridge across the Wilmington River at Thunderbolt, Georgia as the "Memorial Bridge" in honor of deceased veterans, and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate insists on its position on the following Bill of the House and respectfully asks that a Committee of Conference be appointed:
FRIDAY, JUNE 17, 1955
91
HB 1. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A Bill to be entitled an Act to amend an Act creating a Department of Public Safety, so as to provide for expiration dates for drivers licenses; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate: Senators Millican of the 52nd, Garrett of the 53rd and Roop of the 37th.
The Senate insists on its position on the following Bill of the House and respectfully asks that a Committee of Conference be appointed:
HB 8. A Bill to be entitled an Act to amend an Act known as the "General
Tax Act", so as to provide an increase in the amount of the gross premium tax to be paid by insurance companies; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate: Senators Hollis of the 24th, Turner of the 34th and Harper of the 26th.
The following bills of the House were taken up for the purpose of appointing a Committee of Conference on the part of the House:
HB 1. 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 for expiration dates for drivers licenses, and for other purposes.
The Speaker appointed as a Committee of Conference on the part of the House, the following members:
Messrs. Freeman of Monroe, Lavender of Elbert, and Scoggin of Floyd.
HB 8. By Messrs. Moate of Hancock, Groover of Bibb and others:
A Bill to be entitled an Act to amend an Act so as to increase the gross premium tax paid by insurance companies, and for other purposes.
The Speaker appointed as a Committee of Conference on the part of the House, the following members:
Messrs. Groover of Bibb, Ramsey of Effingham, and Phillips of Walton.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following Bill of the House to wit:
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JOURNAL OF THE HOUSE,
HB 5. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A Bill to be entitled an Act to amend an Act relating to the levy of tax on sales and use of cigars, cigarettes, little cigars, cheroots and stogies; 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 to wit:
HR 15. By Messrs. Baughman of Early, Wilson of Peach and others:
A Resolution relative to federal appropriations for the construction of dams, locks and basins in Georgia; and for other purposes.
HR 16. By Messrs. Musgrove of Clinch, Henderson of Atkinson and others:
A Resolution calling on all Georgians to use every possible precaution while in the woods and to exercise extreme vigilance in the prevention of forest fires; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has adopted the following Resolution of the House to wit:
HR 9. By Messrs. Lavender of Elbert and Bentley of Cobb:
A Resolution to provide for a joint committee of the House of Representatives and the Senate to study ways and means of effecting economies in the State government; and for other purposes.
The following Bills of the House were taken up for the purpose of considering the Senate amendments thereto:
HB 4. By Messrs. Moate of Hancock, Groover of Bibb and others:
A Bill to be entitled an Act to amend an Act so as to increase the annual fees for the licensing of the operation of vehicles, and for other purposes.
The following Senate amendments were read:
Senator Millican of the 52nd moves to amend HB 4, Section 1, Line 9, by striking the figures $3.00 and inserting in lieu thereof the figures $4.00.
Senator Millican of the 52nd moves to amend HB 4, Section 1, subsection 5, last line by striking the words "no fee" and inserting in lieu thereof the figure $1.00.
The Senate moves to amend HB 4, Section 1, Subsection 16, third
FRIDAY, JUNE 17, 1955
93
line, by striking the words and figures "fifty cents ($.50)" and inserting in lieu thereof the words "one dollar".
Mr. Groover of Bibb moved that the House agree to Senate amendment No. 1.
By unanimous consent, the motion to agree to Senate amendment No. 1 was withdrawn.
Mr. Groover of Bibb moved that the House disagree to the Senate amendments, and the motion prevailed.
The Senate amendments to HB 4 were disagreed to.
HB 5. By Messrs. Moate of Hancock, Groover of Bibb and others:
A Bill to be entitled an Act to amend an Act so as to increase the tax on cigarettes, and for other purposes.
The following Senate amendment was read:
Senator Brooks of the 50th moves to amend HB 5 by inserting between Section 1 and Section 2 of said Bill a new section, to be numbered Section 1 (a) and said section to be as follows: "The discount allowed to licensed distributors, as provided by Section 4 (a) of Act No. 135 (HB 465), Georgia Laws 1955, page 272, shall not apply to the increase herein provided for."
Mr. Groover of Bibb moved that the House disagree to the Senate amendment.
Mr. Russell of Barrow moved that the House agree to the Senate amendment and the motion to agree was lost.
Mr. Groover of Bibb moved that the House disagree to the Senate amendment.
On the motion to disagree, the ayes were 77, nays 26.
The Senate amendment to HB 5 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 the following Bill of the House to wit:
HB 10. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A Bill to be entitled an Act to amend Code Sections 92-3101, 92-3102, 92-3109, 92-3210 and 92-3301, so as to provide a change in the rate of taxation of individuals; and for other purposes.
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JOURNAL OF THE HOUSE,
The following Report of the Committee to investigate the feasibility of installing an Electrical Roll Call System in the House of Representatives was read:
TO THE MEMBERS OF THE HOUSE OF REPRESENTATIVES:
In compliance with HR 189 adopted at the last session, designating a committee to investigate the possibility and feasibility of installing an electrical roll call system in the House of Representatives, your Committee submits the following letter as its report:
Legislative Roll-Call and Sound Systems
INTERNATIONAL
ROLL-CALL
CORPORATION
3114 W. Marshall Street
Richmond 21, Virginia
April 23, 1955
Hon. Marvin E. Moate, Speaker, House of Representatives, Atlanta, Georgia. Hon. Joe Boone, Clerk, House of Representatives. Atlanta, Georgia.
Gentlemen:
Pursuant to our survey of the Georgia House of Representatives last week we here quote as follows on installation of Roll Call and Sound:
OUTRIGHT SALE:
International Roll Call System,
$143,500.00
International Legislative Sound System,
20,500.00
RENTAL, with COMPANY MAINTENANCE:
International Roll Call System,
1st year,
40,000.00
Per annum thereafter,
8,000.00
International Sound,
1st year,
5,125.00
Per annum thereafter,
2,000.00
Above quotations are based on both Roll Call and Sound installations being made this year and simultaneously, with acceptance on or before July 1st, 1955.
Above quotations are based on use of two main Indicator Boards on the side walls above the former fireplaces, and elimination of the
FRIDAY, JUNE 17, 1955
95
miniature Indicator Board, which is not necessary. The Speaker, Clerk, and everyone on the rostrum will be able to see the main Indicators. Also, location of the main Indicators at positions mentioned will hardly interfere with any later alterations of the Chamber, and permit installation of systems now. MPT.ls
Sincerely,
INTERNATIONAL ROLL CALL CORPORATION, /s/ Marshall F. Thompson.
Your Committee has been advised by the International Roll Call System that no major renovation of the House Chamber would be necessary for installing of the roll call and microphone equipment other than the floor of the House of Representatives, and that in the event such a system was installed and the House chamber was renovated in the near future, it would not be necessary to make any changes in the existing roll call and microphone equipment set-up.
Your Committee is advised that the International Roll Call System has what amounts to a practical monopoly on Vote Recording Machinery for Legislative matters. We hope that in the event the House wishes to have the machinery installed, that the House will direct the Committee to authorize the State Purchasing Department to ascertain if any other corporation makes and installs such equipment, in order that the best and most economical equipment might be bought or leased.
Respectfully submitted:
MARVIN E. MOATE JOE BOONE
(COMMITTEE)
The following Resolutions of the House were read and adopted:
HR 23. By Mr. Freeman of Monroe:
A RESOLUTION
BE IT RESOLVED by the House, that a Committee to be composed of Honorable Marvin E. Moate, Speaker of the House, together with the Clerk of the House and the State Auditor, be appointed for the purpose of securing an electrical roll call and microphone system for the House of Representatives for the next session and to have same installed before the next session of the General Assembly.
BE IT RESOLVED by the House that said committee is hereby directed to request the State Purchasing Department to set up specifications, ascertaining names of manufacturers of such machinery and awarding bids to the lowest and best bidder either on an out-right purchase or on a lease agreement, whichever is to the best interest of the State.
BE IT FURTHER RESOLVED by the House that the Committee be empowered to contract with an Architect for renovating the floor and rostrum of the Hall of the House of Representatives in order that necessary wiring can be placed thereunder and in order that plans might be made whereby if the House Chamber is renovated in the near
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future, it will not be necessary to tear up the floor or move the wiring necessary for a vote recording machine.
BE IT FURTHER RESOLVED that all funds expended for the installation of this machinery shall be paid for out of the appropriation fund set aside for the General Assembly. Members of the Committee shall serve without pay, but shall be paid for actual expenses incurred.
HR 24. By Messrs. Parker of Appling, Gunter of Hall, and others:
A Resolution expressing appreciation to Speaker Marvin Moate, Floor Leader Denmark Groover, and Clerk Joe Boone, and for other purposes.
HR 25. By Messrs. Nightingale of Glynn, Groover of Bibb and others:
A RESOLUTION
WHEREAS, in order to expedite transactions of business in the House and keep the members fully informed of the progress of Legislation in both the House and Senate, it is necessary that a composite or comprehensive status be placed on the desks of each member every morning showing the status of all Bills and whatever action had been taken on them in both the House and Senate, and
WHEREAS, the compilation of such a status will require additional machinery and equipment in the Clerk's Office.
THEREFORE BE IT RESOLVED BY THE HOUSE, that the Clerk is hereby directed, subject to the approval of the Speaker, to investigate the possibility of using Zerography or Photostatic equipment in preparing the composite or comprehensive status.
BE IT FURTHER RESOLVED, in the event it is determined that such equipment will perform the job needed, the Clerk is hereby directed, subject to the approval of the Speaker, to request the State Purchasing Department to set up specifications and ask for bids and purchase needed equipment. All funds needed for this purpose shall be paid out of funds already appropriated to the General Assembly.
HR 26. By Messrs. Potts of Coweta, Lavender of Elbert and Matheson of Hart:
A Resolution wishing a speedy recovery for Honorable David C. Stripling, Representative of Coweta County, and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate insists on its position on the following Bill of the House and respectfully asks that a Committee of Conference be appointed.
HB 5. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A Bill to amend an Act relating to the levy of tax on sales and use of cigars, cigarettes, little cigars, cheroots and stogies; and for other purposes.
The President has appointed as a Committee of Conferences on the part of
FRIDAY, JUNE 17, 1955
97
the Senate: Senators Brooks of the 50th, McBride of the 10th and Dean of the 40th.
The Senate insists on its position on the following Bill of the House and respectfully asks that a Committee of Conference be appointed.
HB 4. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A Bill to amend an Act relating to motor vehicle licenses, so as to increase the annual fees for the licensing of the operation of vehicles; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate: Senators Morrison of the 15th, Usrey of the 54th and Harrison of the 17th.
The following bills of the House were taken up for the purpose of appointing Committees of Conference on the part of the House:
HB 5. By Messrs. Moate of Hancock, Groover of Bibb and others:
A Bill to be entitled an Act to amend an Act so as to increase the tax on cigarettes, and for other purposes.
The Speaker appointed as a Committee of Conference on the part of the House, the following members:
Messrs. Groover of Bibb, Phillips of Columbia, and Birdsong of Troup.
HB 4. By Messrs. Moate of Hancock, Groover of Bibb and others:
A Bill to be entitled an Act to amend an Act so as to increase the annual fees for the licensing of the operation of vehicles, and for other purposes.
The Speaker appointed as a Committee of Conference on the part of the House, the following members:
Messrs. Twitty of Mitchell, Cloud of Decatur, and Coker of Cherokee.
The following bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 10. By Messrs. Moate of Hancock, Groover of Bibb and others:
A Bill to be entitled an Act to amend an Act so as to change income tax rates, and for other purposes.
The following Senate amendments were read:
The Senate moves to amend HB 10, Section 1, by striking same in its entirety and in lieu thereof insert the following:
"92-3101. Rate of Taxation of Individuals. A tax is hereby imposed
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upon every resident of the State, which tax shall be levied, collected and paid annually with respect to the entire net income of the taxpayer as hereinafter defined; and upon every nonresident with respect to his entire net income not hereinafter, exempted, received by such taxpayer from property owned or from business carried on in this State; computed at the following rates:
On the first $2,000 or any part thereof .-...-..-._-....._-............._....l%
On all income in excess of $2,000 and not exceeding $4,000 or any part thereof :_:._.. _________ju_ *__-2%
On all income in excess of $4,000 and not exceeding $6,000 or any part thereof ......__..__.____......_.........._3%
On all income in excess of $6,000 and riot exceeding $9,000 or any part thereof ___..._________- __ ____._______4%
On all income in excess of $9,000 and not exceeding $12,000 or any part thereof _.:_____________.____:_____,_________5%
On all income in excess of $12,000 _______................................._._._..._._6%
Senators Harrison of the 17th and Hollis of the 24th move to amend Section 7 of HB 10 by striking the entire section and amending the caption accordingly. The following sections to be numbered accordingly.
Mr. Groover of Bibb moved that the House disagree to the Senate amendments, and the motion prevailed.
The Senate amendments to HB 10 were disagreed to.
The following Resolutions of the House were read and adopted:
HR 27. By Messrs. Smith of Emanuel, Alien of Bulloch, and others :
A Resolution congratulating Honorable William L. Lanier, Representative of Candler County, on the birth of a son, and for other purposes.
HR 28. By Messrs. Harrison of Wayrie, Moate of . Hancock and Groover of Bibb:
A Resolution wishing a speedy recovery for Honorable William Harris, Representative of Brantley County, and for other purposes.
HR 29. By Messrs. Harrison of Wayne, Moate of Hancock, and Groover of Bibb:
A Resolution wishing a speedy recovery for Mrs. Gladys Denmark Smith, sister of Representative Roscoe Denmark of Liberty County, and for other purposes.
In response to the invitation extended through HR 20, Honorable Hugh Carney, Chairman of the State Pardon and Parole Board delivered an address to the members of the House.
The following Resolution of the House was read and adopted:
FRIDAY, JUNE 17, 1955
99
HR 30. By Mr. Groover of Bibb: A Resolution inviting Governor S. Marvin Griffin to address the House at 12:15 o'clock today, and for other purposes.
Under the provisions of HR 30, the Speaker appointed as a Committee of Escort on the part of the House, the following members:
Messrs. Scoggin of Floyd, Massey of Baldwin, and Cotton of Baker.
Mr. Mackay of DeKalb arose on a point of personal privilege and addressed the House.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate adopted the following Resolutions of the House to wit:
HR 12. By Mr. Moate of Hancock:
A Resolution protesting the actions of U. S. Government representatives in agreeing to tariff changes that will so seriously hurt the cotton farmers and the textile mill employees of this state; and for other purposes.
HR 21. By Messrs. Killian of Glynn, Gross of Stephens and Scoggin of Floyd:
A resolution commending Paul Anderson of Toccoa, Georgia for his excellent record in weight lifting in competition against some of the world's greatest athletes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate insists on its position on the following Bill of the House and respectfully asks that a Committee of Conference be appointed:
HB 10. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A Bill to amend Code Sections 92-3101, 92-3102, 92-3109, 92-3210 and 92-3301, so as to provide a change in the rate of taxation of individuals; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate: Senators Millican of the 52nd, Shurling of the 21st and Blalock of the 36th.
The following Bill of the House was taken up for the purpose of appointing a Committee of Conference on the part of the House:
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JOURNAL OF THE HOUSE,
HB 10. By Messrs. Moate of Hancock, Groover of Bibb and others:
A Bill to be entitled an Act to amend an Act so as to change income tax rates, and for other purposes.
The Speaker appointed as a Committee of Conference on the part of the House, the following members:
Messrs. Groover of Bibb, McGarity of Henry, and Willingham of Cobb.
The following report of the Committee of Conference on HB 4 was submitted and read:
REPORT OF CONFERENCE COMMITTEE OF THE SENATE AND THE HOUSE OF REPRESENTATIVES ON HB 4.
To the Honorable Ernest Vandiver, Lt. Governor and President of the Senate, and to the Honorable Marvin E. Moate, Speaker of the House:
Your Committee on Conference on HB 4 beg leave to submit the following report:
1. That the Senate recede from its position on Senate Amendment #1-
2. That the Senate recede from its position on Senate Amendment #2.
3. That the House recede from its position on Senate Amendment #3.
Respectfully submitted,
On the part of the Senate: Harrison of 17th Morrison of 15th Ursrey of 54th
On the part of the House: Twitty of Mitchell Coker of Cherokee Cloud of Decatur
Mr. Twitty of Mitchell moved that the House adopt the report of the Committee of Conference on HB 4.
On the motion, the ayes were 103, nays 10.
The report of the Committee of Conference on HB 4 was adopted.
Mr. Killian of Glynn arose on a point of personal privilege and addressed the House.
Accompanied by the Committee of Escort, Governor S. Marvin Griffin appeared upon the floor of the House and delivered an address.
The Speaker announced the House recessed until 12:45 o'clock this afternoon.
FRIDAY, JUNE 17, 1955
101
AFTERNOON SESSION 12:45 o'clock, p.m.
The Speaker called the House to order.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has adopted the following resolutions of the Senate to wit:
SR 14. By Senators Harden of the 27th and Overby of the 33rd:
A Resolution relating to the distribution of increased funds derived from laws enacted at the present extraordinary session of the General Assembly; and for other purposes.
The Conference Committee appointed on the following Bill of the House has failed to agree and the Senate respectfully asks that another Committee of Conference be appointed.
HB 5. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A Bill to be entitled an Act to amend an Act relating to the levy of tax on sales and use of cigars, cigarettes, little cigars, cheroots and stogies; and for other purposes.
The President has appointed as another Committee of Conference on the part of the Senate: Senators Brooks of the 50th, Dean of the 40th and McBride of the 10th.
The following report of the Committee of Conference on HB 1 was submitted and read:
Mr. President and Mr. Speaker, your Committee of Conference on HB 1, known as Drivers License Law, beg to submit the following:
That the Senate recede from its position in adopting Senate Amendment No. 1, and accept the Bill as presented by the House.
On the part of the House Freeman of Monroe Lavender of Elbert Scoggin of Floyd
On the part of the Senate Millican of the 52nd Roop of the 37th Garrett of the 53rd
Mr. Lavender of Elbert moved that the House adopt the report of the Committee of Conference on HB 1.
On the motion, the ayes were 104, nay 10.
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JOURNAL OF THE HOUSE,
The report of the Committee of Conference on HB 1 was adopted.
The following Resolution of the House was read and adopted:
HR 31. By Mr. Groover of Bibb: A Resolution providing for the adjournment of the General Assembly sine die.
The Committee of Conference on HB 5 having failed to agree, the Speaker appointed as a Second Committee of Conference on the part of the House, the following members:
Messrs. Groover of Bibb, Phillips of Columbia, and Birdsong of Troup.
The following Resolution of the House was read and adopted:
HR 32. By Messrs. Gillis of Treutlen, Garrard of Wilkes, and Underwood of Montgomery: A Resolution thanking the management of the Macon Telegraph for placing copies of the Macon Telegraph on the desks of members of the General Assembly, and for other purposes.
Mr. Blalock of Clayton arose on a point of personal privilege and addressed the House.
The following Bill of the House was taken up fo.r the purpose of considering the Senate's insistence on its amendments to same:
HB 8. By Messrs. Moate of Hancock, Groover of Bibb and others: A Bill to be entitled an Act to amend an Act so as to increase the gross premium taxes paid by insurance companies, and for other purposes.
Mr. Groover of Bibb moved that the House recede from its position in disagreeing to the Senate amendments to HB 8.
On the motion to recede, the ayes were 87, nays 16.
The House receded from its position in disagreeing to the Senate amendments to HB 8.
Mr. Groover of Bibb moved that the House agree to the Senate amendments to HB 8.
On the motion to agree, the ayes were 116, nays 9.
The Senate amendments to HB 8 were agreed to.
The following report of the Committee of Conference on HB 10 was submitted and read:
FRIDAY, JUNE 17, 1955
103
Mr. President: Mr. Speaker:
Your Committee of Conference on HB 10 has met and desires to submit the following report, to wit:
1. That the Committee recommends, one member dissenting, that the Senate recede from its position in insisting on Senate Amendment No. 1;
2. That the House recede from its position in disagreeing to Senate Amendment No. 2 and that the House adopt Senate Amendment No. 2.
Respectfully submitted, On the part of the Senate Shurling of the 21st Blalock of the 36th Dissent: Millican of the 52nd On the part of the House Willingham of Cobb McGarity of Henry Groover of Bibb
Mr. Groover of Bibb moved that the House adopt the report of the Committee of Conference on HB 10.
Mr. Groover of Bibb moved that the printing of the report be dispensed with.
On the motion to dispense, the ayes were 110, nays 6.
The printing of the report was dispensed with.
Mr. Veal of Putnam moved the previous question.
On the motion, the ayes were 111, nays 5, and the motion prevailed.
The previous question was ordered.
Mr. Groover of Bibb asked unanimous consent for the withdrawal of his motion to adopt the report of the Committee of Conference on HB 10, and the request was granted.
Mr. Groover of Bibb moved that the House disagree to the report of the Committee of conference on HB 10 and that a Second Committee of Conference on HB 10 be appointed.
The motion prevailed, and the Speaker appointed as a Committee of Conference on HB 10 on the part of the House, the following members:
Messrs. Groover of Bibb, Willingham of Cobb, and McGarity of Henry.
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JOURNAL OP THE HOUSE,
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 5. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A Bill to amend an Act relating to the levy of tax on sales and use of cigars, cigarettes, little cigars, cheroots and stogies; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has adopted the report of the Committee of Conference on the following bill of the House:
HB 10. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A Bill to amend Code Sections 92-3101, 92-3102, 92-3109, 92-3210 and 92-3301, so as to provide a change in the rate of taxation of individuals; and for other purposes.
The Senate has adopted the report of the Committee of Conference on the following bill of the House:
HB 1. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A Bill to amend an Act creating a Department of Public Safety, so as to provide for expiration dates for driver's licenses; and for other purposes.
The Senate has adopted the report of the Committee of Conference on the following bill of the House:
HB 4. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A Bill to amend an Act relating to motor vehicle licenses, so as to increase the annual fees for the licensing of the operation of vehicles; and for other purposes.
The Senate has adopted the report of the Committee of Conference on the following bill of the House:
HB 8. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A Bill to amend an Act known as the "General Tax Act", so as to increase the amount of gross premium tax to be paid by insurance companies; and for other purposes.
The following report of the Second Committee of Conference on HB 5 was submitted and read:
FRIDAY, JUNE 17, 1955
105
Mr. President:
Mr. Speaker:
Your Committee on Conference on HB 5 has met and desires to submit the following report:
1. That the Senate recede from its position in insisting on its position on the Senate amendment.
2. That the Senate and House adopt the following amendment to HB 5, to wit:
That a new section l(a) be added to said bill to read as follows:
"The discount allowed to licensed distributors, as provided by Section 4 (a) of Act No. 135 (H. B. No. 465), Georgia Laws 1955, page 272, be allowed only on the first 3% (three and one-half) cents of tax on each pack of cigarettes, i. e., that no allowance of said discount be allowed on any amount of tax collected on the sale of cigarettes in excess of 3%4 (three and one-half cents) per package."
Respectfully submitted:
On the part of the House Groover of Bibb Birdsong of Troup Phillips of Columbia
On the part of the Senate Brooks of the 50th McBride of the 10th Dean of the 40th
Mr. Groover of Bibb moved that the House adopt the report of the Second Committee of Conference on HB 5.
On the motion to adopt, the ayes were 104, nays 2.
The report of the Second Committee of Conference on HB 5 was adopted.
The following bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 7. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb: A Bill to be entitled an Act to amend an Act so as to increase the excise tax on all distributors of motor fuel, and for other purposes.
The following Senate amendment was read: Senators Millican of the 52nd and Overby of the 33rd move to
amend HB 7, Sections 2, 3, 4, and 5 by adding after the words "not to exceed five" wherever they appear, the words "and one-half".
This change will be made twice in each of Sections 2, 3, 4, and 5.
Mr. Groover of Bibb moved that the House agree to the Senate amendment to HB 7.
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JOURNAL OP THE HOUSE,
On the motion to agree, the ayes were 104, nays 0.
The Senate amendment to HB 7 was agreed to.
The following Resolution of the Senate was read:
SR 14. By Senators Harden of the 27th and Overby of the 33rd:
A Resolution relating to the distribution of increased funds derived from laws enacted at the present extraordinary session of the General Assembly, and for other purposes.
Mr. Nightingale of Glynn moved that the resolution be tabled, and the motion prevailed.
SR 14 was placed upon the table.
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 that the Speaker of the House and such members of his office personnel as he might require are authorized to remain at the Capitol 5 days after adjournment of the General Assembly for the purpose of completing the work in the Speaker's office.
BE IT FURTHER RESOLVED that the Clerk of the House, and so many of his staff as he deems necessary, are authorized to remain at the Capitol 7 days after the adjournment of the General Assembly for the purpose of completing records and the necessary work in his office,
BE IT FURTHER RESOLVED that the Chairman of the Enrollment, Engrossing, and Auditing Committees and five additional members of each of said committees, to be appointed by the Chairman and approved by the Speaker, are authorized to remain at the Capitol 5 days after adjournment for the purpose of checking the bills and auditing the expenses and doing whatever is necessary by the said Committees and the members herein authorized to remain.
All of the above named persons, who are authorized to remain over shall receive the same compensation as they received during the session.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills and resolutions of the House to wit:
The Senate insists on its position on the following Bill of the House:
FRIDAY, JUNE 17, 1955
107
HB 10. By Messrs. Moate of Hancock, Groover of Bibb and others:
A Bill to be entitled an Act to amend Code Sections 92-3101, 92-3102, so as to provide a change in the rate of taxation of individuals; and for other purposes.
The President has appointed as another Committee of Conference on the part of the Senate: Senators Millican of the 52nd, Dean of the 40th and Hollis of the 24th.
The following report of the Second Committee of Conference on HB 10 was submitted and read:
Mr. President and Mr. Speaker:
The second committee on Conference on HB 10 beg to submit the following:
1. That the Senate recede from its position on Senate Amendment No. 1 known as the Income Tax Rate Amendment.
2. That the Senate recede from its position on Senate Amendment No. 2 and both the House and Senate adopt a new section to be known as Section 7 reading as follows:
Section 92-3105 of the Code of Georgia, as amended, which provides for the exemption of certain societies, orders, associations, cooperatives, chests, foundations, leagues, chambers, boards, clubs, companies, trusts, and organizations from income taxes, be further amended by adding at the end of said section the following:
"Provided, however, that no such society, order, association, cooperative, fund, chest, foundation, league, chamber, board, club, company, charitable trust or organization which engages directly or indirectly in competitive commerce with private or public corporations, individuals, partnerships or associations not so exempt, in the marketing of either products or services, shall be so exempt from taxation as to that portion of its net income attributable to such competitive commerce.
"That portion of its net income shall be deemed attributable to such competitive commerce which bears the same ratio to its total net income as its gross income from such competitive commerce bears to its total gross income.
"Provided, however, cooperatives formed by producers of farm, forest and dairy products for the purpose of selling the products produced by the members of such cooperatives, or obtained from other such farmers cooperatives, shall be exempt from taxation under the law to the extent that its net profits are attributable to the sale of such products. That portion of its net profits shall be deemed attributable to the sale of such products which bears the same ratio to its total net income as the total price of such products paid to its members by such cooperative bears to the gross sales of such cooperative.
"Provided further, that incidental or occasional fund raising projects or undertakings by such organizations shall not be deemed to be competitive commerce."
"Anything herein to the contrary notwithstanding, any such corp-
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orations or organizations for which a specific method of taxation is provided by State laws shall continue to be taxed as heretofore."
On the part of the Senate Millican of the 52nd Hollis of the 24th Dean of the 40th
On the part of the House Willingham of Cobb Groover of Bibb McGarity of Henry
By unanimous consent, the Clerk was directed to correct certain typographical errors appearing in the report.
Mr. Groover of Bibb moved that the House adopt the report of the Second Committee of Conference on HB 10.
Mr. McGarity of Henry moved the previous question, and the motion prevailed.
The previous question was ordered.
On the motion to adopt the report, the ayes were 107, nays 11.
The report of the Second Committee of Conference on HB 10 was adopted.
By unanimous consent, SR 14 was taken from the table.
The following Resolution of the Senate was again taken up for consideration.
SR 14. By Senators Harden of the 27th and Overby of the 33rd:
A Resolution relating to the distribution of increased funds derived from laws enacted at the present extraordinary session of the General Assembly, and for other purposes.
The following substitute offered by Mr. Nightingale of Glynn was read and adopted:
A RESOLUTION
Relating to the distribution of increased funds derived from Executive Orders of the State Revenue Commissioner and from laws enacted at the present extraordinary session of the General Assembly; and for other purposes.
WHEREAS, it is desirable that the General Assembly specifically provide the manner in which any increased funds derived from amendments to present tax laws or new tax laws enacted at the present extraordinary session and derived from Executive Orders of the State Revenue Commissioner, now, heretofore, and hereafter, promulgated and enforced be expended by the Budget Bureau, and
FRIDAY, JUNE 17, 1955
109
WHEREAS, Honorable Marvin Griffin, Governor of the State of Georgia, in his address to the General Assembly on Monday, June 6, 1955 recommended that the report of the State Programs Study Committee be followed as to the amounts which should be distributed for various purposes. The Governor recommended the following amounts:
State Board of Education
$26,529,067.28
State Board of Regents
8,207,563.74
Trustees, Teacher Retirement System
1,518,000.00
State Highway Department
20,569,115.42
Public Health Department (including Battey Hospital)
326,999.59
Eugene Talmadge Memorial Hospital
2,390,000.00
Public Welfare Department Public Assistance
1,754,726.43
State Institutions
2,252,696.50
Departments of Corrections and Public Safety 583,999.34
and
WHEREAS, the General Assembly feels that until such time as the General Assembly shall pass a new general appropriations Act, any increased funds derived from Executive Orders of the State Revenue Commissioner and from the enactment of laws at this session should be distributed in accordance with the recommendations of the Governor.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Governor, as Director of the Budget Bureau, is hereby authorized and directed to expend and distribute the increased funds derived from Executive Orders of the State Revenue Commissioner, now, heretofore, and hereafter, promulgated and enforced, and from any amendments to present tax laws or new tax laws enacted at the present extraordinary session of the General Assembly in accordance with the recommendations of the Governor, as listed hereinbefore. In the event the entire increased amount derived from Executive Orders of the State Revenue Commissioner heretofore, now, and hereafter promulgated and enforced, and from the enactment of such laws is not sufficient to cover the entire amount recommended by the Governor, such increased funds as are realized shall be distributed on a pro rata basis, using the figures contained in this resolution as a basis, except that before such pro rata distribution is made, the entire amount from such increased funds which should be distributed in accordance with the provisions of Article VII, Section IX, Paragraph IV, Subparagraph (b) of the Constitution, relative to highway funds, shall be first distributed.
No official of the State shall be authorized to make any distribution of the increased funds as set forth in this resolution contrary to the provisions of this resolution. The provisions of this resolution shall apply to increased funds only and shall be of no further force and effect upon the passage of a General Appropriation Bill and shall not change in any manner the method of distribution of funds received by the
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JOURNAL OP THE HOUSE,
State to apply on the fiscal year budget as now authorized by law for the fiscal year ending June 30, 1955 or for the fiscal year ending June
30, 1956.
The following communication was received and read:
June 17, 1955
To: Honorable Marvin Moate, Speaker Georgia House of Representatives
We wish to commend you and through you the members of the House of Representatives for your courageous action in responding to the call of Governor Griffin in extraordinary session to provide additional revenue with which to work toward the adequate needs of education.
M. D. COLLINS State Superintendent of Schools
WM. HENRY SHAW President, Georgia Education Association
K. WALKER President, Georgia Congress of Parents and Teachers
W. S. McMICHAEL President, Georgia School Board Members Association
GEORGE WHITMAN, JR.
:
Chairman, State Board of Education
HARMON W. CALDWELL Chancellor, University System of Georgia
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has adopted the report of the Second Committee of Conference on the following bill of the House:
HB 10. By Messrs. Moate of Hancock, Groover of Bibb and Willingham of Cobb:
A Bill to be entitled an Act to amend Code Sections 92-3101, 92-3102, so as to provide a change in the rate of taxation of individuals; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof: Mr. Speaker:
The Senate has disagreed to the House substitute to the following resolution of the Senate and respectfully ask that a Committee of Conference be appointed:
SR 14. By Senators Harden of the 27th and Overby of the 33rd:
A Resolution relating to the distribution of increased funds derived
FRIDAY, JUNE 17, 1955
111
from laws enacted at the present extraordinary session of the General Assembly; and for other purposes.
The President has appointed on the part of the Senate: Senators Dykes of 14th, Overby of the 33rd and Millican of the 52nd.
By unanimous consent, the House insisted on its position in adopting a substitute to SR 14, and the Speaker appointed as Committee of Conference on the part of the House, the following members:
Messrs. Stephens of Clarke, Groover of Bibb, and Duncan of Carroll.
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 resolution of the Senate:
SR 14. By Senators Harden of the 27th and Overby of the 33rd:
A Resolution relating to the distribution of increased funds derived from laws enacted at the present extraordinary session of the General Assembly; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senator adopted the following resolution of the Senate to wit:
SR 15. By Senator Overby of the 33rd:
A Resolution appointing a committee of three members of the Senate and five members of the House of Representatives to inform the Governor that the General Assembly has completed its business and now stands ready to adjourn sine die. The President appointed on the part of the Senate the following Senators: Senators Davis of the 42nd, Steis of the 25th and Jones of the 18th.
SR 16. By Senator Overby of the 33rd:
A Resolution that the General Assembly stand adjourned sine die at 4:45 P.M., June 17, 1955.
Mr. Groover of Bibb asked unanimous consent that the Clerk be directed to substitute the figures contained in original SR 14 for the figures contained in the House substitute to SR 14. Objection was heard. Mr. Groover of Bibb moved that the Clerk be so directed, and the motion prevailed.
Mr. Lokey of Fulton was granted a leave of absence for the first days of the extraordinary session missed by him because he was in Europe at the time of the Governor's proclamation.
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JOURNAL OF THE HOUSE,
Mr. Groover of Bibb moved that the House do now adjourn sine die, and the motion prevailed.
The Speaker announced the House adjourned sine die.
HOUSE JOURNAL
REGULAR SESSION
Representative Hall, Atlanta, Georgia. Monday, January 9, 1956.
The Representatives of the General Assembly of Georgia for the years 19551956 met in regular session in the Hall of the House of Representatives at 10:00 o'clock, A. M., this day and were called to order by Honorable Marvin Moate, Speaker of the House of Representatives.
Prayer was offered by the Chaplain, Reverend John W. Hughston of Milledgeville, Georgia.
By unanimous consent, the call of the roll was dispensed with.
The following communications from Honorable Ben W. Fortson, Jr., Secre tary of State, were received and read:
DEPARTMENT OF STATE
Ben W. Fortson, Jr.
Secretary of State
Atlanta 3, Georgia
August 29, 1955
Honorable Marvin E. Moate Speaker, House of Representatives State Capitol Atlanta, Georgia
Dear Sir:
I hereby certify that the consolidated returns on file in this office of Special Election held on the 25th day of August, 1955, in Ben Hill County, Georgia, for the purpose of electing a Representative to the General Assembly of Georgia to fill the vacancy created by the death of Honorable Argin A. Boggus, Sr., show the following results:
T. Dock Boggus
Received--_.._ 673 votes
Dennis Kantz
Received-------- 87 votes
A. L. Stewart
Received-------- 914 votes
Newton Watkins
Received----.- 73 votes
Given under my hand and seal of office this the 29th day of August, 1955.
Ben W. Fortson, Jr. Secretary of State
(Seal)
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JOURNAL OF THE HOUSE,
DEPARTMENT OP STATE Ben W. Fortson, Jr. Secretary of State Atlanta 3, Georgia
December 5, 1955
Honorable Marvin E. Moate Speaker, House of Representatives State Capitol Atlanta, Georgia
Dear Sir:
I hereby certify that the consolidated returns on file in this office of Special Election held on the 29th day of November, 1955, in Brantley County, Georgia, for the purpose of electing a Representative to the General Assembly of Georgia to fill the vacancy created by the resig nation of Honorable Cecil Roddenberry, show the following results:
J. Floyd Larkins
Received-------,. 702 votes
Carl J. Broome
Received-------- 465 votes
Given under my hand and seal of office, this the 5th day of De cember, 1955.
Ben W. Fortson, Jr. Secretary of State
(Seal)
DEPARTMENT OF STATE Ben W. Fortson, Jr. Secretary of State Atlanta 3, Georgia
November 3, 1955.
Honorable Marvin E. Moate Speaker, House of Representatives State Capitol Atlanta, Georgia
Dear Sir:
I hereby certify that the consolidated returns on file in this office of Special Election held on the 1st day of November, 1955, in Rockdale County, Georgia, for the purpose of electing a Representative to the General Assembly of Georgia to fill the vacancy created by the death of Honorable E. M. Walker, show the following results:
William T. Dean
Received-------- 226 votes
Norman Walker
Received------ 1 vote --write in
Given under my hand and seal of office, this the 3rd day of No vember, 1955.
(Seal)
Ben W. Fortson, Jr. Secretary of State
MONDAY, JANUARY 9, 1956
115
Representatives-elect Dean of Rockdale, Larkins of Brantley, and Stewart of Ben Hill, came forward to the Bar of the House, and were administered the oath of office by Judge J. M. C. Townsend, of the Court of Appeals of Georgia.
The Speaker addressed the House as follows and by unanimous consent his remarks were ordered incorporated in the Journal of the House:
Gentlemen of the House:
As we open the 1956 Session of the General Assembly of Georgia, we come together again in renewal of friendship and association. To gether with you, I look forward eagerly to our close association in the common cause for which we have been elected to positions of responsi bility.
I need hardly remind you of how greatly I cherish this privilege of serving with you and how keenly I appreciate the high honor of presiding over this body of distinguished men. During the days that lie ahead in this Session, I shall deem it a real pleasure to be able to render service to you; and I invite you to call on me for any service of which I am capable, night or day.
As the chosen Representative of the people, you are standing today at the threshold of a new era. Not since the days of the Carpetbagger, and the days of Reconstruction have problems more vital to the welfare of all our people confronted the General Assembly--problems that can not be ignored--problems that demand prompt solution. And, as we enter the first day of this session, each one of us is acutely aware that failure to solve these problems is fraught with danger we dare not even contemplate. We have convened here today in this Session to meet that challenge.
In this Southern part of the United States, certain problems exist that are peculiar to our section, and with which the other parts of our country have little knowledge and a complete lack of understanding. You know the nature of this problem; and it is not my purpose here to spell it out, nor to anticipate what message may be brought to us by our Governor in relation thereto
However, I do remind you that our Governor has been by the electorate of this State placed in the executive office with a clear and unmistakable mandate. He made his position crystal-clear to the voters of Georgia at almost every cross road in this State before our last State Primary, after which there was an upsurge of approval at the ballot box, whereby he was chosen as our leader for the ensuing four years. In standing by him, in upholding his hands, we are doing nothing less than standing by the people of Georgia and honoring the latest expres sion of their will.
The Southland has become the whipping boy for other sections of the Nation. Our every fault is being played up for all it is worth; our every virtue has been played down. But not all of our enemies dwell beyond the boundaries of our State. Ever and anon we find without our own gates those who decry our traditions and way of life, and who thereby become as the vulture that befouls its own nest. At this we need not marvel, because history teaches that in the early days of this country, the Tories and sympathizers of Great Britain were so numerous
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JOURNAL OP THE HOUSE,
in the 13 original colonies, (and right here in Georgia) that often times it was difficult to ascertain whether the greater number was for the King and Great Britain, or for General George Washington and Free dom. But in the end freedom won and "thus it shall ever be".
And as we enter the first day of this session, our intelligence tells us that our failure to bring to the solution of our problem all of the talents with which a merciful God has endowed us, and the very best judgment from the best minds, would be to invite chaos and disaster. It behooves us all to work together in a combined effort to promote the will and welfare of our people.
For my own part, I face the future of this State with a sublime confidence, born of my faith in you, the elected representatives of the people; and born of my faith in your character, honor, intelligence and integrity,--towards meeting this greatest challenge that has confronted our law making body during its long and honorable history. And I am supremely confident that your answer will be in clear and unmistakable terms; and answer to be heard throughout the length and breadth of this Nation, aye--to the farthest reaches of the globe. And that your answer will uphold the traditions and heritage of our noble forbears.
I believe we are intelligent enough, courageous enough, and strong enough to turn back each and every evil interest, whether from within or without the State of Georgia, that would grasp us by the throat and choke us until we become decadent and finally perish.
I do not urge hasty or ill-timed action, nor that we make brazen and empty boast; but rather, I feel that we should ask for the prayers of Christian people that we should carefully and judiciously determine our course and once that course has been determined, that we shall set our faces toward the goal and march forward in unbroken ranks.
In conclusion, I remind you again of the great responsibility that is yours, of the dire consequences that could attend our failure to in telligently and courageously meet the challenge that confronts us.
The following Resolutions of the House 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 convened in regular session and is 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:
MONDAY, JANUARY 9, 1956
117
Messrs. Callier of Talbot, Ivey of Newton, and Mincy of Ware.
HR 3. By Mr. Groover of Bibb:
A RESOLUTION
BE IT RESOLVED by the House of Representatives that the rules of the 1955 session be adopted as the rules of the House for the 1956 Session.
HR 4. By Mr. Groover of Bibb:
A RESOLUTION
BE IT RESOLVED by the House of Representatives that HR 3 adopted at the 1955 regular session in reference to the appointment and compensation of the attaches of the House be re-enacted and made of force and effect for the 1956 session.
HR 5. 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 11:45 o'clock, Tuesday, January 10, 1956, for the purpose of hearing a message from His Excellency, Governor S. 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.
Under the provisions of HR 5, the Speaker appointed as a Committee of Escort on the part of the House, the following:
Messrs. Hawkins of Screven, Odom of Camden, and Harrison of Wayne.
The following Resolution of the House was read and referred to Committee on Rules:
HR 6. By Mr. Groover of Bibb:
A RESOLUTION
BE IT RESOLVED by the House that the Rules of the House be amended in the following particulars:
(1) RULE NO. 14 be amended as follows: After the word "clerk" add the following words "or the roll call system."
(2) RULE NO. 22 be amended by adding the following paragraphs at the end of said rule:
"Each member shall vote from his own seat when the ayes and nays are taken by the electric roll call, and during such a vote no person
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shall be allowed upon the floor of the House except the members and attaches thereof.
"No member or person shall vote for or attempt to vote for another member on any question or proposition and the violation of this rule shall be deemed to be disorderly behavior and subject to punishment as provided by the Constitution aiid Rules of the House.
(3) RULE NO. 32 be repealed and the following inserted in lieu thereof:
"Rule 32. No member shall be permitted to explain his vote during a roll call, but may reduce his explanation to writing in not more than 200 words and when filed with the Clerk on the same day shall be spread upon the Journal."
(4) That the following new rule be adopted and added in the appropriate place:
"Rule _________---. In all rules providing for the taking of 'ayes' and 'nays' the electrical roll call system may be used in the discretion of the Speaker, and when so used, shall have the force and effect of a roll call taken as provided in these rules. This system likewise may be used to determine the presence of a quorum.
"When the House is ready to vote upon a question requiring a roll call and the vote is by electrical roll call, the Speaker shall state: 'The question is on (designating the matter to be voted upon)'. All in favor of such question shall vote 'aye', and all opposed shall vote 'nay' ". The Speaker shall then unlock the voting machine.
When sufficient time has elapsed for each member to vote, the Speaker shall say: 'Have all members voted?', and after a short pause shall state 'Does any member desire to change his vote before the ma chine is locked?'.
"The Speaker shall then lock the machine and state 'The Clerk will now take the vote'. After the machine is locked by the Speaker or the Clerk is in the process of recording the voting, no member may change his vote and the votes of tardy members will not be recorded. The Speaker shall then announce the results.
(5) RULE NO. 58 be amended as follows: By adding after the word "given" the following: "or the speaker has unlocked the roll call system for voting."
(6) RULE NO. 65 to be amended as follows: By adding after the words "recorded" the following: "or the Speaker has unlocked the roll call system for voting."
(7) RULE NO. 70 to be amended as follows: By adding after the word "given" the following: "or the Speaker has unlocked the roll call system for voting."
(8) RULE NO. 132 be amended as follows: By adding at the end thereof the following: "Roll call system may be used to call the roll, the members using the 'aye' switch to signify their presence."
(9) RULE NO. 171 be amended as follows: By adding at the end thereof the following: "When the roll call system is used, no verification of the roll call vote is required."
MONDAY, JANUARY 9, 1966
119
(10) RULE NO. 189 be amended as follows: By adding at the end thereof the following: "When the roll call system is used, this rule shall not be applicable."
The following Resolutions of the House were read and adopted:
HR 7. By Mr. Groover of Bibb:
A RESOLUTION
WHEREAS, on July 8, 1955, the Honorable C. Dixon Oxford re signed as a member of the State Highway Board of Georgia from the Central 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 suc cessor to the Honorable C. Dixon Oxford for the unexpired term ending February 8, 1960, during the first ten (10) 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 Janu ary 9, 1956 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 12, 1956 at 11 o'clock A.M., for the purpose of electing a successor to Honorable C. Dixon Oxford as a member of the State Highway Board for the unexpired term ending February 8, 1960.
NOW, THEREFORE, BE IT RESOLVED by the House, the Sen ate concurring, that a Joint Session of the House and Senate be held in the Hall of the House at 11 o'clock A.M. on the 12th day of January, 1956 for the purpose of electing a successor to the Honorable C. Dixon Oxford as a member of the State Highway Board for the Central Highway District for the unexpired term ending February 8, 1960.
BE IT FURTHER RESOLVED that a copy of this Resolution be read to the Members of the House and the Senate and a copy thereof placed on each member's desk at the earliest possible time.
HR 8. By Mr. Groover of Bibb:
A RESOLUTION
WHEREAS, on January 19, 1955, Honorable W. A. Blasingame of the County of Colquitt was elected and declared to be a member of the State Highway Board of Georgia from the Southern Highway District for an unexpired term ending February 8, 1956, and
WHEREAS, under the provisions of the Act creating the State Highway Board it is necessary that the General Assembly elect a suc cessor to the Honorable W. A. Blasingame for a full term of six (6) years ending on February 8, 1962, during the first ten (10) days of the present session, after giving two (2) days' written notice to the members thereof, and
WHEREAS, the Speaker of the House of Representatives and the President of the Senate did on January 9, 1956 mail notices to the members of the General Assembly, calling a caucus to be held in the
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State Capitol in the Hall of the House of Representatives on January 12, 1956, at 11 o'clock A. M. for the purpose of electing a successor to Honorable W. A. Blasingame as a member of the State Highway Board for a full term of six (6) years ending on February 8, 1962.
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 o'clock A. M. on the 12th day of January, 1956 for the purpose of electing a successor to the Honorable W. A. Blasingame as a member of the State Highway Board for the Southern Highway District for a full term of six (6) years ending on February 8, 1962.
BE IT 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.
HR 9. By Messrs. Moate of Hancock, Harrison of Wayne, and Scoggin of Floyd:
A RESOLUTION
Requesting Congress to regulate the reduction of Cotton Acreage allotments and to return agricultural technicians provided under the "Point Four" program and for other purposes.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions under the Rules of the House.
2. First reading and reference of Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were read the first time and referred to the Committees:
HB 1. By Messrs. Harrison of Wayne and Mincy of Ware:
A Bill to be entitled an Act to amend an Act, relating to the punish ment of persons convicted of misdemeanors, so as to provide that per sons convicted of a misdemeanor and sentence 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 2. 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; to prohibit the display or distribution of campaign literature within a specified distance of any voting place, and for other purposes.
Referred to the Committee on State of Republic.
MONDAY, JANUARY 9, 1956
121
HB 3. 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, and for other pur poses.
Referred to the Committee on Game and Fish.
HB 4. By Mr. Groover of Bibb:
A Bill to be entitled an Act to create an Engineering Advisory Board; to define its duties and powers; to provide for appointment of members; to provide for payment of certain administrative costs, and for other purposes.
Referred to the Committee on State of Republic.
HB 5. 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 munici pality in which its principal office is located, and for other purposes.
Referred to the Committee on Banks and Banking.
HB 6. By Mr. Watson 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 a sworn itemized statements relative thereto the clerk of the Superior Court; and for other purposes.
Referred to the Committee on General Judiciary #2.
HB 7. 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 the 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 8. By Messrs. Hall of Floyd and Bodenhamer of Tift:
A Bill to be entitled an Act known as the Teachers Retirement Sys tem 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.
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HB 9. By Messrs. Hall of Ployd, 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, and for other purposes.
Referred to the Committee on Education #1.
HB 10. By Mr. Roughton of Washington:
A Bill to be entitled an Act to amend an Act relating to Barbers and Beauticians, and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HB 11. By Messrs. Kilgore and Kelley of Gwinnett, Alien of Bulloch, and others:
A Bill to be entitled an Act to amend an Ac.t providing for the filing of a petition to the Superior Court or the Court of Ordinary by any person desirious of establishing the time and place of his birth and of securing the issuance of a certificate of birth, so as to repeal the provision providing for a fee to be transmitted with each certified copy of the birth certificate to the State Department of Public Health, and for other purposes.
Referred to the Committee on General Judiciary #2.
HB 12. By Messrs. Stephens and Matthews of Clark, 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 13. By Messrs. Fain of Franklin, Green of Rabun, Moate of Hancock, Groover of Bibb and others:
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<f) cents per hour, and for other purposes.
Referred to the Committee on State of Republic.
HB 14. 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, and for other purposes.
Referred to the Committee on State of Republic.
HB 15. By Messrs. Underwood of Bartow and Groover of Bibb: A Bill to be entitled an Act to amend an Act entitled an Act to estab-
MONDAY, JANUARY 9, 1956
123
lish 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 16. By Messrs. Underwood of Bartow and Groover of Bibb:
A Bill to be entitled an Act to amend an Act which Act makes pro visions 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, and for other purposes.
Referred to the Committee on State of Republic.
HB 17. 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, revis ing and perfecting the present Corporation laws of the State, and for other purposes.
Referred to the Committee on Corporations.
HB 18. By Messrs. Perkins of Carroll, Kilgore of Gwinnett, Black of Webster, 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.
HR l-18a. By Mr. Matthews of Clarke:
A Resolution declaring certain property as unserviceable and surplus, and for other purposes.
Referred to the Committee on Public Property.
HR 2-18b. By Messrs. Wheeler of Seminole, Dean of Bacon, Massee of Baldwin, Mincy of Ware and others:
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 3-18c. By Messrs. Groover of Bibb and Bloodworth of Houston:
A Resolution authorizing compensation to Horace Evans, Sr., by the Department of Public Safety, and for other purposes.
Referred to the Committee on Special Appropriations.
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JOURNAL OF THE HOUSE,
HR 4-18d. By Mr. Groover of Bibb:
A Resolution to compensate James Franklin Chance for injuries re ceived while in Milledgeville State Hospital and for other purposes.
Referred to the Committee on Special Appropriations.
HR 5-18e. 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 dollars in any such school district's bond sinking fund, and for other purposes.
Referred to the Committee on Amendment to Constitution #1.
HR 6-18f. By Messrs. Duke and Massee of Baldwin:
A Resolution to compensate Miles V. Golden of Milledgeville, Baldwin County, for damage to his automobile, and personal injuries occasioned by an accident caused by an employee of the State Highway Depart ment operating a State-owned vehicle, and for other purposes.
Referred to the Committee on Special Appropriations.
HR 7-18g. By Messrs. Duke and Massee of Baldwin: A Resolution to compensate Thulia Lindsley, by the Welfare Depart ment, and for other purposes.
Referred to the Committee on Special Appropriations.
HR 8-18h. By Messrs. Duke and Massee of Baldwin: A Resolution to compensate Ed. Fountain, by the Welfare Department, and for other purposes.
Referred to the Committee on Special Appropriations.
HR 9-18i. 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.
Referred to the Committee on Special Appropriations.
HR 10-18J. 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.
MONDAY, JANUARY 9, 1956
125
HR ll-18k. By Mr. Duke of Baldwin:
A Resolution to compensate Felton Smallwood, by the Welfare De partment, and for other purposes.
Referred to the Committee on Special Appropriations.
HB 19. By Mr. Nightingale of Glynn:
A Bill to be entitled an Act to amend an Act relating to infants, lunatics, 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 20. By Mr. Bolton 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 De partment of Public Safety or its designated agent, shall have exclu sive 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 21. By Mr. Greene of Crisp:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Cordele, and for other purposes.
Referred to the Committee on Municipal Government.
HB 22. By Messrs. Cates and Mobley of Burke:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Waynesboro, and for other purposes.
Referred to the Committee on Municipal Government.
HB 23. By Mr. Wilson of Peach:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Byron, so as to change and extend the corporate limits of the City of Byron from the present limits of one half mile in every direction from the center of the freight and passenger depot of the Central of Georgia Railway Company, and for other purposes.
Referred to the Committee on Municipal Government.
HB 24. By Messrs. Cates and Mobley of Burke:
A Bill to be entitled an Act to amend an Act establishing the City Court of Waynesboro, and for other purposes.
Referred to the Committee on Municipal Government.
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JOURNAL OF THE HOUSE,
HB 25. By Messrs. Scoggin of Floyd and Groover of Bibb:
A Bill to be entitled an Act to amend an Act known as the "Motor Vehicle; Safety Responsibility Act", and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 26. By Messrs. Twitty and Palmer of Mitchell:
A Bill to be entitled an Act to amend an Act entitled an Act to create a new charter for the City of Camilla, to close certain streets, and for other purposes.
Referred to the Committee on Municipal Government.
HB 27. By Mr. Twitty of Mitchell:
A Bill to be entitled an Act creating a Board to be known as the State Board of Dispensing Opticians; providing a method for the appoint ment of the members of said board; define the trade or occupation of dispensing opticians, and for other purposes.
Referred to the Committee on State of Republic.
HB 28. By Mr. Odom of Camden:
A Bill to be entitled an Act to create the Cumberland Island Authority; and for other purposes.
Referred to the Committee on State of Republic.
HB 29. By Mr. Odom of Camden:
A Bill to be entitled an Act to create the Camden Parks and Roads Authority; and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 30. By Mr. Odom of Camden:
A Bill to be entitled an Act to amend an Act creating the State High way Board, so as to change the requirements relative to the letting of contracts with political subdivisions; and for other purposes.
Referred to the Committee on State of Republic.
HB 31. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to amend an Act regulating the marketing of eggs, so as to change the weight and size classification of eggs, and for other purposes.
Referred to the Committee on General Agriculture #1.
HB 32. By Mr. Garrard of Wilkes:
A Bill to be entitled an Act to grant a new charter to the Town of Tignall, and for other purposes.
Referred to the Committee on Municipal Government.
MONDAY, JANUARY 9, 1956
127
HB 33. By Mr. Clary of McDuffie:
A Bill to be entitled an Act to provide for the terms of the Superior Court of McDuffie County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HR 12-33a. By Mr. Odom of Camden:
A Resolution authorizing the Governor to convey certain State property in the 29th G. M. District in Camden County, being a part of the Santa Maria State Park Property, to the United States of America as a part of a proposed ammunition loading dump--King's Bay, near St. Mary's, Georgia, to be used by the United States Army and Navy; and for other purposes.
Referred to the Committee on Public Property.
HR 13-33b. By Mr. Odom of Camden:
A Resolution ratifying an easement granted by the State of Georgia to the Okefenokee Rural Electric Membership Corporation; and for other purposes.
Referred to the Committee on Public Property.
HB 34. By Messrs. Underwood and Upshaw of Bartow:
A Bill to be entitled an Act to amend an Act granting a new charter to the City of Cartersville; to provide for abolishing the Board of Education for the City of Cartersville; to create a School Board for said City, and for other purposes.
Referred to the Committee on Municipal Government.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has adopted the following Resolutions of the Senate and House to wit:
SR 2. By Senator Overby of the 33rd:
A Resolution instructing the Secretary of the Senate to notify the House of Representatives that the Senate has convened in regular session and is ready for the transaction of business.
SR 5. By Senator Overby of the 33rd:
A Resolution amending the Rules for the Government of the General Assembly, when assembled in joint session.
HR 2. By Mr. Groover of Bibb:
A Resolution that a committee be named to notify His Excellency, The Governor, that the General Assembly has convened in regular session and is ready for the transaction of business.
128
JOURNAL OF THE HOUSE,
HR 5. By Mr. Groover of Bibb:
A Resolution that a joint session of the House and Senate be held in the Hall of Representatives at 11:45 o'clock Tuesday, January 10, 1956 for the purpose of hearing a message from His Excellency, Governor S. Marvin Griffin, and that a committee be appointed to escort His Excellency.
HR 7. By Mr. Groover of Bibb:
A Resolution that a Joint Session of the House and Senate be held in the Hall of the House at 11 o'clock A. M. on the 12th day of January, 1956 for the purpose of electing a successor to the Honorable C. Dixon Oxford as a member of the State Highway Board.
HR 8. By Mr. Groover of Bibb:
A Resolution that a Joint Session of the House and Senate be held in the Hall of the House at 11 o'clock A. M. on the 12th day of January, 1956, for the purpose of electing a successor to the Honorable W. A. Blasingame as a member of the State Highway Board.
The Speaker ordered the following incorporated in the Journal:
GENERAL ASSEMBLY OP GEORGIA STATE CAPITOL
ATLANTA, GEORGIA
January 9, 1956
TO: ALL MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA:
On the 19th day of January, 1955, by Joint Session Resolution Honorable W. A. Blasingame was elected and declared to be a member of the State Highway Board of Georgia, from the Southern Highway District, for an unexpired term ending February 8, 1956.
Honorable C. Dixon Oxford has resigned as a member of the State Highway Board of Georgia for the Central 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 12th day of January, 1956, at 11 o'clock A. M. for the purpose of electing a successor to Honorable W. A. Blasingame, as a member of the State Highway Board for a full term of six (6) years as provided by law and for the purpose of electing a successor to Honorable C. Dixon Oxford, as a member of the State Highway Board for the unexpired term ending February 8, 1960.
MARVIN E. MOATE Speaker of the House
S. ERNEST VANDIVER President of the Senate
MONDAY, JANUARY 9, 1956
129
Mr. Groover of Bibb moved that the House do now adjourn until 11:00 o'clock tomorrow morning, and the motion prevailed.
Leaves of absence were granted to Mr. Denson of Dougherty, for Monday, January 9th, on account of illness, and Mr. Nightingale of Glynn for Tuesday, January 10, to Tuesday, January 17th.
The Speaker announced the House adjourned until tomorrow morning at 11:00 o'clock.
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JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia. Tuesday, January 10, 1956.
The House met pursuant to adjournment this day at 11:00 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, Vice 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 busi ness 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.
Mr. Fowler of Douglas asked unanimous consent that the following Bill of the House be withdrawn from further consideration of the House:
HB 31. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to amend an Act regulating the marketing of eggs, so as to change the weight and size classification of eggs, and for other purposes.
The unanimous consent request was granted and the Bill was withdrawn from further consideration.
By unanimous consent, the following Bills and Resolution of the House were read the first time and referred to the Committees:
HB 35. By Messrs. Tarpley of Union, Cheatham of Chatham, Lindsey of Spalding, Short of Colquitt and Underwood of Bartow:
A Bill to be entitled an Act to create a Statewide Probation System, and for other purposes.
Referred to the Committee on General Judiciary #1.
TUESDAY, JANUARY 10, 1956
131
HB 36. By Messrs. Birdsong and Lam of Troup:
A Bill to be entitled an Act to repeal Section 68-206 of the Code of Georgia, relating to registration of ownership of motor vehicles; relat ing to transfer of motor vehicle ownership registration upon sale of motor vehicle; and for other purposes.
Referred to the Committee on General Judiciary #2.
HB 37. By Messrs. Birdsong and Lam of Troup:
A Bill to be entitled an Act to amend an Act relating to the abandon ment of children, so as to provide that abandonment shall be a felony; and for other purposes.
Referred to the Committee on General Judiciary #2.
HR 14-37a. By Messrs. Birdsong and Lam of Troup:
A Resolution proposing an amendment to the Constitution so as to provide that the judgment of a justice of the peace shall be final in all civil cases over which he has jurisdiction, if the amount involved does not exceed $100.00; and for other purposes.
Referred to the Committee on Amendments to Constitution #1.
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 Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 5. Do Pass, by Substitute.
Respectfully submitted,
Stephens of Clarke,
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 follow ing Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 17. Do Pass.
Respectfully submitted,
Cornelius of Polk,
Chairman.
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JOURNAL OF THE HOUSE,
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 ing Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 3. Do Pass, as amended.
HB 7. Do Pass.
Respectfully submitted,
Cocke of Terrell,
Chairman.
Mr. Carlisle of Bibb County, Chairman of the Committee on General Judici ary #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 6. Do Pass.
HB 11. Do Pass.
Respectfully submitted,
Carlisle of Bibb,
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 20. Do Pass.
Respectfully submitted,
Wooten of Randolph,
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
TUESDAY, JANUARY 10, 1956
133
following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 10. Do Pass.
Respectfully submitted, Mashburn of Forsyth, Chairman.
Mr. Drinkard of Lincoln County, Chairman of the Committee on State of Republic, submitted the following report: Mr. Speaker:
Your Committee on State of Republic has had under consideration the fol lowing Bills and Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 2-18b. Do Pass, by Substitute. HB 18. Do Pass. HB 16. Do Pass. HB 15. Do Pass. HB 14. Do Pass. HB 13. Do Pass. HB 12. Do Pass. HB 4. Do Pass. HB 2. 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 Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB S. Do Pass.
HB 9. Do Pass.
Respectfully submitted,
Bodenhamer of Tift,
Chairman.
134
JOURNAL OF THE HOUSE,
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 House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 1. Do Pass.
Respectfully submitted,
Harrison of Wayne,
Chairman.
Mr. Freeman of Monroe County, Chairman of the Committee on Amend ments to Constitution $1, submitted the following report:
Mr. Speaker:
Your Committee on Amendments to Constitution $1 has had under con sideration the following Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recom mendation :
HR 5-18e. Do Pass.
Respectfully submitted,
Freeman of Monroe,
Chairman.
Mr. Callier of Talbot County, Chairman of the Committee on Public Prop erty, submitted the following report:
Mr. Speaker:
Your Committee on Public Property has had under consideration the fol lowing Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HR l-18a. Do Pass.
Respectfully submitted,
Callier of Talbot,
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 fol lowing 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 19. Do Pass.
TUESDAY, JANUARY 10, 1956
135
HE 9-18L Do Pass.
Respectfully submitted, Hawkins of Screven, Chairman.
By unanimous consent, the following Bills and Resolutions of the House, favorably reported, were read the second time:
HB 1. By Messrs. Harrison of Wayne and Mincy of Ware:
A Bill to be entitled an Act to amend an Act, relating to the punish ment of persons convicted of misdemeanors, so as to provide that per sons 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 2. 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; to prohibit the display or distribution of campaign literature within a specified distance of any voting place, and for other purposes.
HB 3. 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, and for other purposes.
HB 4. By Mr. Groover of Bibb:
A Bill to be entitled an Act to create an Engineering Advisory Board; to define its duties and powers; to provide for appointment of mem bers; to provide for payment of certain administrative costs, and for other purposes.
HB 5. 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.
HB 6. By Mr. Watson 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 a sworn itemized statements relative thereto the clerk of the Superior Court; and for other purposes.
136
JOURNAL OF THE HOUSE,
HB 7. 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 the fish therein or to endanger the health of persons using water therefrom or residing along such stream, and for other purposes.
HB 8. By Messrs. Hall of Ployd and Bodenhamer of Tift:
A Bill to be entitled an Act to amend an Act known as the Teachers Retirement System Act, so as to provide that all teaching experience in Georgia shall be counted in computing service for retirement pur poses, and for other purposes.
HB 9. 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, and for other purposes.
HB 10. By Mr. Roughton of Washington:
A Bill to be entitled an Act to amend an Act relating to Barbers and Beauticians, and for other purposes.
HB 11. By Messrs. Kilgore and Kelley of Gwinnett, Alien of Bulloch, and others:
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 desirious of establishing the time and place of his birth and of securing the issuance of a certificate of birth, so as to repeal the pro visions providing for a fee to be transmitted with each certified copy of the birth certificate to the State Department of Public Health, and for other purposes.
HB 12. 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.
HB 13. By Messrs. Fain of Franklin, Green of Rabun, Moate of Hancock, Groover of Bibb and others:
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<0 cents per hour, and for other purposes.
TUESDAY, JANUARY 10, 1956
137
HB 14. 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, and for other purposes.
HB 15. By Messrs. Underwood of Bartow and Groover of Bibb:
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.
HB 16. By Messrs. Underwood of Bartow and Groover of Bibb:
A Bill to be entitled an Act to amend an Act which Act makes pro visions for coverage of certain officers and employees of political sub divisions of the State under the Old-Age and Survivors Insurance provisions of Title II of the Federal Social Security Act, and for other purposes.
HB 17. By Mr. Sanders of Richmond:
A Bill to be entitled an Act to amend an Act entitled an Act authoriz ing the chartering and empowering of corporations, and amending, revising and perfecting the present Corporation laws of the State, and for other purposes.
HB 18. By Messrs. Perkins of Carroll, Kilgore of Gwinnett, Black of Webster, 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 19. By Mr. Nightingale of Glynn:
A Bill to be entitled an Act to amend an Act relating to infants, lunatics, their counselors and instigators, so as to define a person of sound mind; and for other purposes.
HB 20. By Mr. Bolton 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 Depart ment of Public Safety or its designated agent, shall have exclusive authority to make arrests for speeding on State Highways within this State that are also designated as United States Highways; and for other purposes.
HR l-18a. By Mr. Matthews of Clarke:
A Resolution declaring certain property as unserviceable and surplus, and for other purposes.
138
JOURNAL OF THE HOUSE,
HR 2-18b. By Messrs. Wheeler of Seminole, Been of Bacon, Massee of Baldwin, Mincy of Ware and others:
A Resolution creating a committee of the House to investigate certain matters relative to public utilities; and for other purposes.
HR 5-18c. 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 pro vide that where there are insufficient funds available from the gen eral 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 dollars in any such school district's bond sinking fund, and for other purposes.
HR 9-18i. 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.
The Speaker announced the following Committee assignments:
January 10, 1956
Honorable Joe Boone Clerk, House of Representatives State Capitol Atlanta, Georgia
Dear Mr. Boone:
This is to inform you that I am appointing Honorable J. Floyd Larkins, Representative from Brantley County, to the following Com mittees :
Academy for The Blind Amendments to the Constitution No. 2 Appropriations Commerce Conservation Education Committee No. 2 . Engrossing > General Agriculture Committee No. 2 Georgia School for the Deaf Journals Legislative & Congressional Re-Apportionment Public Printing Training Schools With kindest regards, I am
Yours very truly,
Marvin E. Moate, Speaker of the House.
TUESDAY, JANUARY 10, 1956
139
January 10, 1956
Honorable Joe Boone Clerk, House of Representatives State Capitol Atlanta, Georgia
Dear Mr. Boone:
This is to inform you that I am appointing Honorable William Dean, Representative from Rockdale County, to the following Commit tees. He is to succeed the late Eli Walker.
Academy for the Blind Amendments to the Constitution No. 1 Appropriations Auditing Education Committee No. 2 General Agriculture No. 1 Industrial Relations Insurance Invalid Pensions and Soldiers Home Legislative and Congressional Re-Apportionment Military Affairs Special Judiciary State of the Republic University System of Georgia Western and Atlantic Railroad With kindest regards, I am
Yours very truly,
Marvin E. Moate, Speaker of the House.
Mr. Stevens of Clarke asked unanimous consent that the following Bill of the House be recommitted to the Committee on Banks and Banking:
HB 5. By Mr. Barber of Colquitt:
A Bill to be entitled an Act to amend Section 13-203 of the Code of Georgia, relative to branch banks, so as to provide that a bank char tered under the laws of this State or by the Federal Government may establish and operate drive-in banks facilities with one or more drive-in teller windows in the municipality in which its principal office or branch offee is located; and for other purposes.
The unanimous consent request was granted, and the Bill was recommitted.
Mr. Cornelius of Polk asked unanimous consent that the following Bill of the House be recommitted to the Committee on Corporations:
HB 17. By Mr. Sanders of Richmond:
A Bill to be entitled an Act to amend an Act authorizing the chartering and empowering of corporations, and amending, revising and perfect ing the present corporation laws of the State; and for other purposes.
140
JOURNAL OF THE HOUSE,
The unanimous consent request was granted, and the Bill was recommitted.
The following Resolution of the Senate was read and referred to the Committee on Rules:
SR 5. By Senator Overby of the 33rd:
A Senate Resolution providing that the Rules for the Government of the General Assembly when assembled in join'c session, be amended, and for other purposes.
The following Resolution of the House was read and adopted:
HR 15. By Messrs. Souter of Macon and Cocke of Terrell:
A Resolution to wish Honorable A. Cullen Richardson of Montezuma, Georgia, Senator of the 13th District, a speedy recovery from his present illness and continued good health thereafter.
The following Committee Report was submitted and read:
Mr. Groover of Bibb County, Vice-Chairman of the Committee on Rules, sub mitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Reso lution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 6. Do Pass, as amended.
Rspectfully subbitted,
Groover of Bibb,
Vice-Chairman.
The following Resolution of the House was again taken up for consideration, and read the second time:
HR 6. By Mr. Groover of Bibb:
A Resolution providing for certain changes in the rules of the House, with reference to the electrical roll-call system, and for other purposes.
The following Committee amendments were read and adopted:
The Rules Committee moves to amend House Resolution No. 6, as follows:
Item 4: Paragraph 1 of said Item 4 is amended by striking para graph 1 and substituting in lieu thereof:
In all rules providing for the taking of 'ayes' and 'nays' the elec trical roll call system shall be used, and shall have the force and the effect of a roll call taken as provided in these rules. In the event the electrical roll call system is out of operating order, the Speaker shall
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order a viva voce roll call. On all other questions or propositions, the Speaker may in his discretion order a roll call on the electric roll call system.
Item 4, Paragraph 4 is amended by striking the words "or the
Clerk is in the process of recording the voting."
On the adoption of the Resolution, as amended, the ayes were 134, nays 2.
The Resolution, as amended, was adopted.
The Hour of 11:45 o'clock 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 S. 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, Governor S. 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:
LIEUTENANT-GOVERNOR VANDIVER, SPEAKER MOATE, MEMBERS OF THE SENATE AND OF THE HOUSE OF REPRESENTATIVES AND MY FRIENDS:
It is a pleasure for me to appear before you to submit my State of the State message and to report to you that the condition of the State is excellent.
It is excellent through your sustained cooperation with an admin istration that has attuned its policies and programs to a growing and more prosperous Georgia.
Working together we have assured a better way of life for our people.
Georgia is carrying forward in full force all essential governmental programs.
We are living within our income.
We have a $16 million dollar surplus in the treasury.
There will be no new taxes.
We shall not dissipate the surplus the State has accumulated.
At this time, I shall outline to you the administration's legislative program for this session. A detailed discussion of budget and fiscal matters will await my budget message to be submitted to you within 15 days.
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INDUSTRIAL DEVELOPMENT
Let me assure you that Georgia's economic future was never so bright as it is today.
Agriculture and industry are the key words to the greater progress and prosperity of our people.
Realizing this, your State administration has gone the limit to at tract new industry to Georgia. Likewise, it is working in scores of ways to improve our agricultural potential through solid programs of service to our farmers.
That we are succeeding is demonstrated by the fact that in 1955 alone more than 250 new industrial plants of varying size either were completed, underway or announced for early construction in com munities throughout the State. These additions to Georgia's industrial potential represent a capital expenditure exceeding $150 million dollars. And it is estimated they will provide added employment opportunities for over 15,000 workers.
Our rapid growth also is reflected in the U. S. Commerce Depart ment's recent announcement that Georgia's total population has gained an estimated 161,000 persons since the 1950 census.
AGRICULTURE
In agriculture, we have made comparable advances.
Farm income for the first 10 months of 1955 was up $41 million dollars over the preceding year.
Caught in the middle between declining prices for what he pro duces and ever-mounting costs of what he has to buy, the Georgia Farmer has had to seek higher yields in an effort to make a living. Had prices held to fair levels in line with other economic indices our agriculture would have staged a complete recovery.
In spite of all we can do to help ourselves, the farmer has become the forgotten man and it is high time that Washington got to work and did something about it and quick.
Georgia farmers have increased their gross income, not on account of Ezra Taft Benson, but in spite of him.
NEW ATLANTA MARKET
Under the Farm Market Authority, created by this General Assem bly, we are completing plans for the construction of the largest farmers market in the world to be built in Atlanta.
This huge 200-acre facility will be located on the South express way affording access in all directions to great volume of automobile, rail and truck traffic from all parts of the state.
FORESTRY
Through great expansion of forest protection and reforestation, Georgia now produces more lumber than any State east of the Missis sippi River. With the pulp and paper industry increasing by many
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millions annually, this administration has strengthened the entire forestry program.
Early last year we provided a special allocation to the Georgia Forest Research Council so that it can carry out its progressive work.
SOIL AND WATER CONSERVATION
Georgia is dedicated to continuing endeavor to conserve two of the States most indispensible material resources--soil and water.
Cooperating in this movement are: the Extension Service, the State Soil Conservation Committee, the Water Law Revision Commis sion and the Department of Mines, Mining & Geology.
EDUCATION
Expenditures for all phases of education reached a new high this fiscal year, jumping from 122% million to 138 million dollars, a 15% mil lion increase.
This new money which you provided made it possible to employ 1,203 additional teachers, to add over 300 new school buses and to grant a $200 across-the-board pay increase to teachers in our common schools.
You will be interested to know that these increased funds also provided substantial additions to the outlays for teacher retirement, operating expense, transportation and equalization funds.
According to the State Department of Education, Georgia teachers' pay for those holding a 4-year college certificate or more now ranges from a beginning salary of $2,600 annually up to $3,500 with the aver age salary being $3,150.
This is the highest salary scale for teachers in the history of Georgia.
Our State is spending 51% of its total budget for common schools and higher education.
I am happy to report far-reaching strides in the school building program under the State School Building Authority. Seven thousand new classrooms were completed and three thousand more will be fin ished and put into service this year.
UNIVERSITY SYSTEM
Funds available to the University System were increased three million dollars this fiscal year over last. This made possible a $300 average increase in the salaries of faculty members.
Other outlays were made for equipment, for training and research, extension work expansion, plant repairs and maintenance.
Fourteen major new buildings were completed in the system last year, costing 3% million dollars. About 4 million in vital facilities are underway now and about $11 million in other construction is in the planning stage.
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Never before since establishment of the University System have funds available for operations, new construction, and maintenance more nearly approached an adequate level than at the present time.
But we cannot rest on our present attainments, for finding solu tions to our problems in education, are just beginning. Cumulative enrollments in our public schools are increasing at the rate of 30,000 pupils per year while enrollment in our colleges is increasing at the unprecedented rate of 3,000 a year.
HIGHWAYS
Now, a review of highway and rural road construction.
The year just concluding saw the Highway Department prepar ing for an unparalleled road program which will aggregate in the coming fiscal year the following amounts: State Appropriation, $58,000,000; Federal Funds, $20,500,000; Grants to Counties, $9,300,000; Rural Roads Program, $35,000,000 for a total of $123,000,000.
This is by far the largest amount ever made available for road construction in a comparable period for our state.
Several reforms and innovations have been made by the Highway Board in order to carry this vast amount of work forward more efficiently and with greater dispatch.
For instance, a new million dollar laboratory has been completed at Georgia Institute of Technology to house materials' testing and research operations of the department.
To speed up some phases of the engineering process an up-to-theminute aerial mapping unit has been installed in a modern laboratory building adjacent to the Atlanta Municipal Airport. Here aircraft of the department are kept and here photographic flights originate.
Another move to obtain greater efficiency of operation is the reorganization of highway field divisions.
Prisoners will soon be used over Georgia to augment regular high way maintenance forces in performing repairs and clearing rights-ofway on our road system. They will not replace or displace highway de partment personnel, but will be busy for many years helping catch up on the huge maintenance backlog that needs to be done and will have to be kept current as new roads are built in the future.
RURAL ROADS
Georgia's $100,000,000 rural roads program is off to a most encour aging start.
The first increment of bonds, totaling $14% million dollars, were sold November 15th at the favorable interest rate of 2.69 per cent. Proceeds of this issue are being used to cover grading of 460 miles and base and paving of 1,016 miles of farm-to-market roads and school bus routes. Already well underway are surveys on another 1,100 miles for inclusion in the second increment of an additional $15,000,000.
Our present goal for completion of the entire program is the middle of 1958.
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It is my considered judgment that consummation and completion of these thousands of miles of hard-surfaced roads for Georgia will do more to stimulate our ecnomic growth and to increase land values than any other undertaking ever attempted by the State.
HEALTH
The status of personal and community health in Georgia is the best we have ever recorded.
Hospital and health center construction has continued with 51 projects, totaling $22% million dollars, completed, underway or ap proved since January 1, 1955.
Increased State aid for other operations of the Health Depart ment have brought tangible improvements in all its fields.
STATE INSTITUTIONS
Personally, I am gratified at the gains we have made at the State Institutions in the past year.
The newest of these, the Eugene Talmadge Memorial Hospital, will open its doors for patients about April 1st. This occasion will be a milestone in medical progress because it represents the establish ment of a long-desired medical center at the Medical College of Georgia at Augusta.
Let me emphasize that at all times in the operation of this hospital care will be taken to avoid competition with existing hospitals and private medical practice.
MILLEDGEVILLE HOSPITAL
At Milledgeville State Hospital long strides forward are being made in the field of Mental Health.
An allocation of $1% million dollars was made by me out of sur plus funds to cover cost of renovating the century-old Powell Adminis tration Building at the hospital. Numerous other additions have been made to the physical plant at this institution.
GRACEWOOD TRAINING SCHOOL
Meanwhile, several improvements are being made to the plant of the Georgia Training School for Mental Defectives at Gracewood.
Two dormitories; a dormitory addition; a classroom auditoriumgymnasium building; a laundry addition, central kitchen, warehouse and office building; physicians' residences and other major improve ments, begun or completed, have marked the State's effort to expand this humanitarian school.
BATTEY HOSPITAL
Modern drug therapy and better treatment have resulted in a slight decline in the total number of patients at Battey Hospital for three years now, reflecting a favorable trend. However, the number
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of far-advanced cases continues to increase, showing a constant need for the best treatment the State can provide.
During the year 1955, a new 100-bed hospital for tubercular prisoners was completed and staffed.
WELFARE ASSISTANCE
Georgia's welfare program totaling $66 million dollars this year is bringing assistance benefits to 167,000 needy aged, blind, dependent children and totally disabled.
Ranking ninth in the nation, our State's total assistance outlay brings to the average Georgia County over a half million dollars each year for welfare payments. Totals by counties range from $36,000 for Chattahoochee County to $6% million for the largest, Fulton County.
STATE PORT
Having just ended a highly successful year, the Savannah State docks and warehouses operated by the Georgia Ports Authority face another year of expansion and booming business.
During the first 10 months of the preceding year, the docks berthed 318 vessels, trebling the net profit for the six months just finished. The cash position as of October 31, 1955, totaled over a million dollars with another quarter of a million in accounts receivable and inventory. Any surplus must be used for the sole purpose of retiring outstanding bonds.
Gross earnings since purchase of the Port total in excess of $5 million dollars.
As a result of the substantial growth of the Savannah property we hope to build three more general cargo berths this year.
HIGHWAY PATROL
During the last 5 years, the number of cars and trucks on the highways of this State have increased at the rate of about 60,000 additional vehicles annually.
More motorists and truckers and more miles traveled mean a higher accident rate. Our Georgia State Patrol is doing everything within the limitation of its resources to enforce Georgia's traffic laws.
A new headquarters building for the Department of Public Safety costing over a million dollars, was authorized by me several months ago. This edifice will be paid for by cash and will not carry an interest rate.
DEPARTMENT OF DEFENSE
A valuable program being carried out by the State Department of Defense last year brought 26 Georgia cities new armories averaging in cost about $100,000 a piece. The federal government pays 75 per cent of the cost with the State and local communities assuming the balance on a 50/50 basis.
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The Georgia National Guard ranks high in the nation both in training and proficiency.
VETERANS
This administration is doing a superior job for Georgia veterans and their widows giving dedicated service in processing their claims and in helping to obtain the benefits to which they are entitled.
Georgia stands with the top three States in bringing G. I. train ing programs to her Korean veterans. They will soon reach their peak with over 30,000 veterans enrolled.
Educational, vocational, farm and job training, together with the various pension and compensation programs, brought Georgia's exservicemen and their dependents over 67 million dollars last year. We take pride in the part of the Georgia State Department of Veterans' Service has played in helping secure these federal benefits for our veterans.
ECONOMY
At the conclusion of the first year of this administration, I can say with perfect candor and complete justification that all of our departments and agencies are operating at a high degree of efficiency.
We have channeled the revenues of the state into essential serv ices only and we have not allowed unjustified increases in purely administrative agencies.
True economy has been the watchword.
Your state's healthy fiscal condition is the best evidence to sup port that statement.
Procedures and laws governing methods of operation of the pur chasing department are being enforced more rigidily than at any time within my knowledge.
Records are open to examination by any citizen at any time.
REVENUE DEPARTMENT
The heart of the State government, that vital organ which gathers the substance to keep all the departments operating smoothly and efficiently, is the State Revenue Department.
Credit and praise should go to the State Revenue Commissioner who has earned for himself an unsurpassed record in the equitable enforcement of the State's revenue laws and in stamping out illicit liquor traffic.
THE RECORD That, my friends, is what we have done. That is the record of my administration. I am proud of it. I stand on it.
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LEGISLATIVE COMMITTEES
During the last several months, you have had legislative commit tees studying such subjects as economy, sex crime laws, Workmen's Compensation, the advisability of creating a statewide probation sys tem and other important items.
Permit me to commend the members of these committees for their interest, their hard work and for the constructive nature of their recommendations.
ECONOMY RECOMMENDATIONS
Your joint House-Senate Economy Committee has studied the func tions of every department and agency of the state government and, as a result, will offer more than fifty bills for recommended changes in State laws relating to departmental operations.
I endorse the objectives of practically every one of these bills but caution the General Assembly to study each carefully. I have reserva tions about any measures which might place the State in competition with private business enterprise.
Likewise, I am not in favor of creating any new agencies or obligating the state for any new functions which might cost a sub stantial amount of additional money to activate and operate in the years ahead.
PROBATION SYSTEM
There is, however, one proposal calling for increased expenditures that I believe will save substantial sums of tax money in the long run and that is creation of a statewide probation system.
Many hundreds of first offenders now in prison would have been allowed to serve their sentences on probation if our judges had felt they would have had strict supervision under control of the court.
WORKMEN'S COMPENSATION
Last year, we adopted legislation authorizing substantial advances in the schedule of benefits for injuries and death to industrial workers and their families under the Workmen's Compensation Act.
For several years, industrial groups have maintained that various abuses and inequities have crept into the law. I suggest that you give close attention to the views of both management and employees on this subject so as to achieve, as near as possible, a law that is fair to all concerned.
SEX CRIME STUDY
You will recall that last year, after the commission of a heinous sex crime, Speaker Moate and I constituted the Seventh District Legis lators Association as a committee to study and make recommendations to strengthen our laws in this regard.
Several items of proposed legislation have been prepared and will
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be presented as a direct result of the work of this committee. It is my wish that they be enacted into law.
HIGHWAY BOARD
The General Assembly will elect two members of the State High way Board, one member for a full term and another for an unexpired term.
It would please me very much if you would confirm my appointee, Roger Lawson, by electing him to the unexpired term of the Honorable Dixon Oxford and by re-electing Dr. Walter A. Blasingame to a full term on the board.
PEACE OFFICERS' RETIREMENT FUND
The Peace Officers' Annuity and Benefit Fund has been func tioning for several years. The board and its officers have had oppor tunities to study operation of the fund and will offer measures to the Legislature designed to strengthen and improve laws under which these benefits, vital to our peace officers, are administered.
I enlist your cooperation in assuring passage of this needed legislation.
PURCHASING LAWS
At this session, the administration will offer a measure to define the eligibility of those who seek to sell goods or services to the state.
This proposal, when adopted, will implement and take the place of Special Executive Order Number One, promulgated by me July 28, 1955.
HIGHWAY SAFETY
Another important subject--Highway Safety.
Georgians are concerned deeply by the terrible toll of life each year from traffic accidents, exceeding 1,000 in this State alone last year, not counting personal injuries and property loss.
No one can prescribe a specific to reduce wrecks on the highways. It is a many-sided enigma requiring a many-sided approach for a proper answer.
Seeking one, I recommend to this Assembly that sufficient funds be appropriated to employ additional members of the uniform division of the State Highway Patrol.
AGRICULTURE
On July 1, 1955, United States Department of Agriculture live stock disease control funds for Georgia were reduced from $600,000 per year to $300,000 annually. This action was taken because the State Department of Agriculture did not have a sufficient appropriation to provide matching money.
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Consideration of the proposed budget next year should include amounts necessary for Georgia to take full advantage of federal live stock disease control programs. These provide indemnities for live stock that must be slaughtered and for large-scale testing activities to be carried on by veterinarians working in cooperation with the State Department of Agriculture.
Provisions should be made in the budget so that our State can take full advantage of these funds. Sufficient amounts of the appro priation to the Department of Agriculture should be earmarked for this purpose with a proviso that if such amounts are not used for matching available money that they revert to the State Treasury.
SCHOOL SEGREGATION
We now come to the most vital question that has ever been before this legislative body since the state was created--that is the question of maintaining segregation.
Let me reiterate my policy so there can be no misunderstanding on the part of anyone now or in the future.
There will be no mixing of the races in the public schools and college classrooms of Georgia anywhere or at any time as long as I am governor.
I campaigned for governor in 1954 with Segregation as the number one plank in my platform.
The Democratic Party of Georgia, in convention assembled, at Macon, reaffirmed this solemn pledge I made to the people of my state.
In the General Election of 1954 Georgians ratified a constitutional amendment permitting the state to make individual grants for educa tional purposes.
This General Assembly has gone on record that no public money will be spent in a single school or college in this state where the races are mixed.
My mandate from the people of Georgia is clear.
/ shall hew to the line.
I shall not be intimidated.
I call upon every elected official, every department head and the head of every educational institution to join with me in my fight to maintain the integrity of both races.
The time has come to stand up and be counted.
We must either play on the team or leave the field.
We must not desert future generations of Georgians.
We must never surrender.
All attempts to mix the races, whether they be in the classrooms, on the playgrounds, in public conveyances or in any other area of
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close personal contact on terms of equality, peril the mores of the South.
I am opposed unalterably to any breakdown in such barriers and do not feel that I can, in good conscience, condone one breach and be opposed to another.
The tragic decision of the United States Supreme Court on May 17th, 1954, poses a threat to the unparalleled harmony and growth that we have attained here in the South for both races under the framework of established customs.
Day by day Georgia moves nearer a showdown with this Federal Supreme Court--a tyrannical court ruthlessly seeking to usurp control of state-created, state-developed and state-financed schools and colleges.
Two lawsuits brought by the National Association for the Advance ment of Colored People are pending already, one against the public schools of Atlanta and another against the University Law School at Athens. In addition, petitions have been filed with local school authori ties seeking mixed schools in several other Georgia communities.
The time has come for us to gird ourselves for battle, steel our selves for sacrifice, use every means at our command to prevent this devastating tragedy.
The hour for action is here.
PARKS DISPOSAL
.Two bills will be presented, one of them authorizes disposal of State and municipal park property to preserve segregation at such facilities. The other empowers the governor to close any State recrea tional area where attempts may be made to mix the races thereon and provides criminal penalties for any person seeking to go on such prop erty after being closed by the governor.
I favor the adoption of both these measures in view of recent developments.
EDUCATION COMMISSION
The Georgia Commission on Education, studying ways and means of preserving segregation in our schools, has recommended six bills for passage at this session. These proposals are:
1. To permit the governor, whenever he "shall find that the public interest shall so require, of which he shall be sole judge," to close individual schools or school systems and give students from such closed schools grants from State and local funds for educa tional purposes in an amount to be determined by the governor.
2. To authorize county boards of education or independent school districts to lease schoolhouses or other school property for private educational purposes in a manner they think will "best serve the interests of children" in their area.
3. To authorize city or county boards of education or inde pendent school districts to sublease any structure, facility or build-
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ing now on lease from the State School Building Authority for purposes of private education.
4. To empower the Attorney General to enjoin local systems from taking any steps toward mixing the races in the schools.
5. To permit private school teachers to join the teacher re tirement system.
6. To require all school systems to obtain a certificate from the State fire marshal that none of their buildings constitutes a fire hazard.
I join the Georgia Commission on Education in asking immediate passage of these measures by the General Assembly.
Separate and apart from its recommendations for changes in our laws, the Commission has adopted a resolution urging the State to assert its "Right of Interposition" to declare void and of no force and effect the decision of the United States Supreme Court holding segregation in the schools unconstitutional.
At the present time, I have counsel making a thorough study of this proposal and later I will submit a detailed message to the General Assembly on this subject. Exercise of this Doctrine or use of any other means available to protect our institutions will be carefully studied and utilized to the fullest extent while I am your Governor.
Already the federal Supreme Court, bent on destroying constitu tional government, has ordered an end to separate schools and segre gated parks.
The next portent looming on the horizon is a further declaration that a State's power to prohibit mixed marriages is unconstitutional.
Unless we act, and act decisively we will see, one by one, the reserved powers of the sovereign States, trampled under foot.
At this time, the question confronts this General Assembly of Georgia: Are we going to permit the naked and arrogant declaration of 9 men to destroy our Constitution and to usurp the blood-won rights of our people?
The answer is no, no--a thousand times, no!
COUNTY UNIT SYSTEM
And, on this 10th day of January, 1956, let me reassert my firm determination to maintain inviolate the county unit system governing statewide party primary elections in Georgia.
As long as we adhere to this system we will be able to resist with greater effectiveness all assaults on our institutions no matter from whence they come.
My friends, we are now entering another year in this state's progress. With redoubled determination let us use all our efforts to maintain and accelerate the steady advancement we won in the year just ended.
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We have but one goal.
That goal is to give Georgia a sound and stable government-- a government with an eye single to the advancement of our people in all fields of endeavor--a government firmly welded together to achieve this laudable purpose.
By working in harmony and by putting our shoulders to the wheel, we can build here, under a Divine Providence, a commonwealth which will bring pardonable and eternal pride to the hearts of all our people.
Senator Overby of the 33rd 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. Groover of Bibb moved that the House do now adjourn until tomorrow morning at 11:00 o'clock, A. M., and the motion prevailed.
The Speaker announced the House adjourned until tomorrow morning at 11:00 o'clock.
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Representative Hall, Atlanta, Georgia. Wednesday, January 11, 1956.
The House met pursuant to adjournment this day at 11:00 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, re ported 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 busi ness 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 uncontested local Bills and Resolutions.
6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Municipal Government, read the second time and recommitted:
HB 34. By Messrs. Underwood and Upshaw of Bartow:
A Bill to be entitled an Act to amend an Act granting a new charter to the City of Cartersville; to provide for abolishing the Board of Education for the City of Cartersville; to create a School Board for said City, and for other purposes.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on General Judiciary #1, read the second time and recommitted:
HB 35. By Messrs. Tarpley of Union, Cheatham of Chatham, Lindsey of Spalding, Short of Colquitt and Underwood of Bartow:
A Bill to be entitled an Act to create a Statewide Probation System, and for other purposes.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on General Judiciary #2 and recommitted to the Committee on Motor Vehicles:
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155
HB 36. By Messrs. Birdsong and Lam of Troup:
A Bill to be entitled an Act to repeal Section 68-206 of the Code of Georgia, relating to registration of ownership of motor vehicles; relat ing to transfer of motor vehicle ownership registration upon sale of motor vehicle; and for other purposes.
Mr. Groover of Bibb asked unanimous consent that the following Resolution of the House be recommitted to the Committee on State of the Republic:
HR 2-18b. By Messrs. Wheeler of Seminole, Deen of Bacon, Massee of Baldwin, Mincy of Ware, and others:
A Resolution creating a committee of the House to investigate certain matters relative to public utilities; and for other purposes.
The unanimous consent request was granted, and the Resolution was recommitted.
By unanimous consent, the following Bills and Resolutions of the House were read the first time and referred to the Committees:
HB 38. By Mr. Huddleston of Payette:
A Bill to be entitled an Act to consolidate the offices of Tax Receiver and Tax Collector of Payette County into the office of Tax Commis sioner of Fayette County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 39. By Mr. Blackburn of Habersham:
A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenue for Habersham County; and for other purposes.
Referred to the Committee on Counties and County Matters.
Mr. Blackburn of Habersham moved that House Bill No. 39 be engrossed.
On the motion to engross, the ayes were 111, nays 0.
The motion to engross prevailed and the Bill was ordered engrossed.
HB 40. By Mr. Stevens of Marion: A Bill to be entitled an Act to provide for the terms of court of the Superior Court of Marion County; and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 41. By Mr. Green of Rabun: A Bill to be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Rabun County into the office of Tax Commissioner of Rabun Countyt and for other purposes.
Referred to the Committee on Counties and County Matters.
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HB 42. By Mr. Green of Rabun:
A Bill to be entitled an Act to authorize the governing authority of the City of Clayton to lease certain property owned by the City of Clayton, known as the "Golf Course Property" for public recreational purposes for a period of not in excess of 99 years, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 43. By Mr. Jackson of Jones:
A Bill to be entitled an Act to provide that during the term for which he has been elected, no member of the General Assembly shall hold any position of employment in any department or other agency of the State Government, from which position of employment such member receives compensation, unless he shall first resign his seat in the Gen eral Assembly; and for other purposes.
Referred to the Committee on Privileges and Elections.
HB 44. By Mr. Barker of Heard:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Heard County, so as to remove the provisions relative to districts, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 45. By Mr. Barker of Heard:
A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to provide for the removal of unattended vehicles; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 46. By Messrs. Hayes and Tanner of Coffee and Been of Bacon:
A Bill to be entitled an Act to amend an Act imposing a tax on the sale, use or other disposition of little cigars, cigares and cigarettes within this State, and for other purposes.
Referred to the Committee on Ways and Means.
HB 47. By Messrs. Peters of Meriwether, Mashburn of Forsyth and Coker of Cherokee:
A Bill to be entitled an Act to amend an Act known as the "Uniform Narcotic Drug Act," so as to provide for oral prescriptions for certain narcotic drugs, compounds thereof and derivatives thereof, under certain conditions; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HB 48. By Mr. Chambers of Richmond: A Bill to be entitled an Act to provide for the service of subpoenas,
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157
subpoenas duces tecum, and notices to produce by registered mail, as an alternative to existing methods of service; and for other purposes.
Referred to the Committee on General Judiciary #2.
HB 49. By Messrs. Coker of Cherokee and Mashburn of Forsyth:
A Bill to be entitled an Act to provide that no person shall intern at any hospital within this State unless he has been issued a temporary or permanent license by the Board of Medical Examiners of Georgia; and for other purposes.
Referred to the Committee on Hygene and Sanitation.
HB 50. By Mr. Murphey of Crawford:
A Bill to be entitled an Act to amend an Act relating to the amount of county-wide school tax which shall be received by the tax receiver in certain counties, so as to increase the amount of county-wide school tax to be received by the tax receiver from one and one-fourth percent to two and one-half percent; and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 51. By Mr. Bentley of Cobb:
A Bill to be entitled an Act to provide that no elective or appointive official or employee of the State shall be financially interested in any business dealings with the department in which such official is em ployed; and for other purposes.
Referred to the- Committee on State of Republic.
HB 52. By Mr. Bentley of Cobb:
A Bill to be entitled an Act to amend an Act relating to total incapacity and limit of compensation, under the Workmen's Compensation Law, so as to remove the limitation of the total amount of compensation; and for other purposes.
Referred to the Committee on Industrial Relations.
HB 53. By Mr. Bentley of Cobb:
A Bill to be entitled an Act to provide that in all civil cases where the life expectancy of a person shall be an issue, the American Experi ence Mortality Tables shall be admissable as evidence of the life expectancy of such person; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 54. By Mr. Jones of Laurens:
A Bill to be entitled an Act to provide that any person who has been indicted for a capital felony may enter a plea of guilty at any time after his indictment, and the judge of the Superior Court having juris-
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diction may, in his discretion, during term time or vacation, and with out the necessity of a recommendation of mercy by a jury, sentence such person to life imprisonment, and for other purposes.
Referred to the Committee on General Judiciary #1.
HB 55. By Messrs. Bentley, Willingham and Reed of Cobb:
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 State contributed foundation program funds shall be allocated to local units of administration on the basis of current average daily attendance; and for other purposes.
Referred to the Committee on Education #1.
HB 56. By Mr. Bentley of Cobb:
A Bill to be entitled an Act to amend an Act relating to the State Purchasing Department and the Supervisor of Purchases, so as to pro vide that the Supervisor of Purchases must accept the lowest bid under certain conditions; and for other purposes.
Referred to the Committee on State of Republic.
HB 57. By Mr. Bentley of Cobb:
A Bill to be entitled an Act to amend an Act entitled "An Act to amend an Act entitled 'The Georgia Retailers' and Consumers' Sales and Use Tax Act', so as to provide that the State of Georgia and any county or municipal corporation therein shall be included in the exemp tion given the United States by Section2", and for other purposes.
Referred to the Committee on Ways and Means.
HB 58. By Messrs. Strickland of Toombs, Scoggin of Floyd, McKenna of Bibb, Been of Bacon and Jackson of Jones:
A Bill to be entitled an Act to amend an Act relating to the return day of the writ of habeas corpus so as to change the return day; and for other purposes.
Referred to the Committee on General Judiciary #1.
HB 59. By Messrs. Strickland of Toombs, Scoggin of Floyd, McKenna of Bibb, Been of Bacon, Jackson of Jones:
A Bill to be entitled an Act to amend an Act relating to arrests so as to require the arresting officer who arrests a person under a warrant to bring the accused before the person authorized to examine, commit or receive bail within 72 hours; and for other purposes.
Referred to the Committee on General Judiciary #1.
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159
HB 60. By Messrs. Bodenhamer of Tift, McWhorter of DeKalb and Fowler of Tift:
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 61. By Mr. Deen of Bacon:
A Bill to be entitled an Act to amend an Act imposing a tax on the sale, use or other disposition of little cigars, cigars and cigarettes within this State, so as to change the tax upon cigarettes; and for other purposes.
Referred to the Committee on Ways and Means.
HB 62. By Mr. Veal of Putnam:
A Bill to be entitled an Act to amend the Charter of the City of Eatonton, and for other purposes.
Referred to the Committee on Municipal Government.
HB 63. By Mr. Hurst of Quitman:
A Bill to be entitled an Act to amend an Act incorporating the Town of Georgetown, and for other purposes.
Referred to the Committee on Municipal Government.
HB 64. By Mr. Murphey of Crawford:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Roberta, and for other purposes.
Referred to the Committee on Municipal Government.
HR 16-64a. By Mr. Coker of Cherokee:
A Resolution proposing an amendment to the Constitution so as to provide for the merger of the Canton Independent School System and the Cherokee County School System into one consolidated school system, and for other purposes.
Referred to the Committee on Amendments to Constitution #1.
HR 17-64b. By Mr. Coker of Cherokee:
A Resolution proposing an amendment to the Constitution so as to abolish the elective office of the County School Superintendent of Chero kee County; and for other purposes.
Referred to the Committee on Amendments to Constitution #1.
HR 18-64c. By Mr. Green of Rabun: A Resolution to designate a bridge across U. S. Highway 23 or 441 at
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the city limits of Dillard, Georgia as the Dr. Lester Neville Bridge, and for other purposes.
Referred to the Committee on Historical Research.
HR 19-64d. By Mr. Green of Rabun:
A Resolution to compensate Mr. Carlton Coleman and Mrs. Evelyn Law Thomas of Rabun County for damages to their automobile, and for other purposes.
Referred to the Committee on Special Appropriations.
HR 20-64e. By Mr. Green of Crisp:
A Resolution proposing an amendment to the Constitution so as to pro vide that the General Assembly shall be authorized to pass a special Act or Acts to merge the existing independent school system of the City of Cordele and the existing school district in the County of Crisp, and for other purposes.
Referred to the Committee on Amendments to Constitution #1.
HR 21-64f. By Mr. Barker of Heard:
A Resolution proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of Heard County; and for other purposes.
Referred to the Committee on Amendments to Constitution #1.
HR 22-64g. By Mr. Bentley of Cobb:
A Resolution proposing an amendment to the Constitution so as to pro vide for the paving of streets and sidewalks in Cobb County, and to authorize the cost thereof to be assessed against the abutting property; and for other purposes.
Referred to the Committee on Amendments to Constitution #1.
HB 65. By Messrs. Scoggin, Wright and Hall of Floyd, Mauldin of Gordon, Fowler of Douglas, Floyd and Weems of Chattooga, Gross of Dade, Cornelius and McKelvey of Polk:
A Bill to be entitled an Act to amend an Act creating the State Board of Pardons and Paroles, so as to create an advisory staff as a division thereof; and for other purposes.
Referred to the Committee on General Judiciary #1.
HB 66. By Mr. Eyler of Chatham:
A Bill to be entitled an Act to amend an Act relative to the amount of wages exempt from garnishment, so as to change such amount, and for other purposes.
Referred to the Committee on General Judiciary #2.
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161
HB 67. By Messrs. Fowler and Bodenhamer of Tift:
A Bill to be entitled an Act to amend an Act relating to admissions and
confessions, so as to provide that a defendant in a criminal trial may
elect to submit himself to cross-examination under oath; and for other
purposes.
Referred to the Committee on General Judiciary #1.
HB 68. By Messrs. Willingham, Bentley and Reed of Cobb:
A Bill to be entitled an Act to set up a comprehensive zoning and plan ning system for the unincorporated areas of Cobb County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 69. 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.
Referred to the Committee on Municipal Government.
HB 70. By Messrs. Sognier, Cheatham and Eyler of Chatham:
A Bill to be entitled an Act to amend the Juvenile Court Act, in counties having a population of 50,000 or more but less than 150,000, and for other purposes.
Referred to the Committee on Special Judiciary.
HB 71. By Messrs. Sognier, Cheatham and Eyler of Chatham:
A Bill to be entitled an Act to require all defendants in bastardy, wifebeating, and abandonment cases that are tried in Superior Court in this State to be tried on accusations and to provide that indictments may not be demanded in such courts for defendants charged with the offenses of bastardy, wife-beating and abandonment.
Referred to the Committee on General Judiciary #2.
HB 72. By Messrs. Sognier, Cheatham and Eyler of Chatham:
A Bill to be entitled an Act to amend an Act relating to the appointment of Probation officers, volunteers and assistants; and for other purposes.
Referred to the Committee on General Judiciary #1.
HB 73. By Messrs. Sognier, Cheatham and Eyler of Chatham.
A Bill to be entitled an Act to add one additional judge of the Superior Court for the Eastern Judiciary Circuit of Georgia; and for other pur poses.
Referred to the Committee on Special Judiciary.
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HB 74. By Mr. Lindsey of Spalding:
A Bill to be entitled an Act to amend an Act relating to powers, duties and responsibilities of guardians, so as to provide that guardians may purchase both improved and unimproved real estate; and for other purposes.
Referred to the Committee on General Judiciary #2.
By unanimous consent, the following Committee Report was submitted, and read:
Mr. Sheffield of Brooks County, Vice-Chairman of the Committee on State of Republic, submitted the following report:
Mr. Speaker:
Your Committee on State of Republic has had under consideration the fol lowing Bill of the House and has instructed me as Vice-Chairman, to report the same back to the House with the following recommendation:
HB 27. Do Pass.
Respectfully submitted,
Sheffield of Brooks,
Vice-Chairman.
Lindsey of Spalding,
Acting Secretary.
By unanimous consent, the following Bill of the House, favorably reported, was read the second time:
HB 27. By Mr. Twitty of Mitchell:
A Bill to be entitled an Act creating a Board to be known as the State Board of Dispensing Opticians; providing a method for the appointment of the members of said board; define the trade or occupation of dis pensing opticians, and for other purposes.
Mr. Harrison of Wayne arose on a point of personal privilege and addressed the House.
The following Resolutions of the House were read and adopted:
HR 23. By Mr. Dean of Rockdale:
A RESOLUTION
WHEREAS, on the 21st day of August, 1955, the Honorable Eli M. Walker, a respected and valued member of the House of Representatives from the County of Rockdale, departed this life; and
WHEREAS, the said Eli M. Walker was known to all for his ability, integrity, courage and devotion to family and duty; and
WEDNESDAY, JANUARY 11, 1956
163
WHEREAS, the said Eli M. Walker leaves a host of friends from all walks of life to mourn his passing;
NOW, THEREFORE, BE IT RESOLVED by the House of Repre sentatives of the State of Georgia in regular meeting assembled, that it extend its deepest sympathy to the family, relatives, friends and con stituents of the Honorable Eli M. Walker on his untimely passing.
BE IT FURTHER RESOLVED that a copy of this Resolution be spread upon the Minutes of the House and a copy forwarded to the family of the late Eli M. Walker.
HR 24. By Messrs. Scoggin, Wright and Hall of Floyd:
A RESOLUTION
Designating a certain bridge as the "C. G. Kirkland Bridge"; and for other purposes.
WHEREAS, Honorable C. G. Kirkland, the Chairman of the Board of County Commissioners of Floyd County, has given untiringly of his efforts in behalf of his County, and has contributed much to the progress of that great Northwest Georgia County, and
WHEREAS, Mr. Kirkland has always devoted his efforts towards assisting his fellow man, and has the admiration and respect of the citizens of his County, and
WHEREAS, it is fitting and proper that he be suitably honored.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF GEORGIA that the bridge over the Oostanaulo River at West 7th Street in Rome, Georgia be hereby designated as the "C. G. Kirkland Bridge".
BE IT FURTHER RESOLVED that the State Highway Depart ment is hereby authorized to designate said bridge as aforesaid, and to have placed on or near said bridge an appropriate sign bearing the name "C. G. Kirkland Bridge".
HR 25. By Messrs. Scoggin, Hall and Wright of Floyd:
A RESOLUTION
Designating Honorable Dale M. Stone as State Organist; and for other purposes.
WHEREAS, Honorable Dale M. Stone, of Rome, Georgia, furnished the employees of the State Capitol building with many hours of enjoy ment during the holiday season by virtue of his beautiful playing of the organ, and
WHEREAS, Mr. Stone gave freely and generously of his valuable time in order that his wonderful renditions of Christmas carols and other songs might brighten the spirits of all those who were fortunate enough to hear him, and
WHEREAS, Mr. Stone is an accomplished musician, and has had a highly successful career in various fields of musical endeavor, and
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WHEREAS, it is fitting and proper that his kindness and musical skill be recognized,
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF GEORGIA that this body expresses its ap preciation to Honorable Dale M. Stone of Rome, Georgia for his acts as aforesaid, and in recognition thereof, and in recognition of his out standing achievements in the field of music, particularly as applied to that wonderful instrument, the organ, he is hereby designated as the official State Organist for the State of Georgia.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby directed to transmit a suitable copy of this Resolution to Mr. Stone.
HR 26. By Messrs. Scoggin, Hall and Wright of Floyd:
A RESOLUTION
Designating a certain bridge as the "Tom Clemmons Bridge"; and for other purposes.
WHEREAS, the late Honorable Tom Clemmons was a lifelong resident of Floyd County, and was one of the most well-liked public officials in the history of said County, and
WHEREAS, Mr. Clemmons served as Tax Collector of Floyd County for a period of 33 years, and served the last two years of his life as State Senator from the Forty-second District, and rendered great service to the people of his County and his State as a public servant, and
WHEREAS, it is only fitting and proper that his memory be hon ored in a suitable manner,
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF GEORGIA that the bridge over the Etowah River at East 9th Avenue in the City of Rome, Georgia, be hereby designated as the "Tom Clemmons Bridge".
BE IT FURTHER RESOLVED that the State Highway Depart ment is hereby authorized to designate said bridge as aforesaid, and to have placed on or near said bridge an appropriate sign bearing the name "Tom Clemmons Bridge".
HR 27. By Mr. Green of Rabun:
A RESOLUTION
To wish Honorable John P. Drinkard of Lincoln County, Georgia, a speedy recovery.
WHEREAS, Honorable John P. Drinkard of Lincoln County, Geor gia, is one of the most outstanding legislators of Georgia and a valuable asset to the State Government; and
WHEREAS, he is known by his thoughtfulness of others and con tinued good service to the people of this State; and
WHEREAS, at the present time he has contracted pneumonia which
WEDNESDAY, JANUARY 11, 1956
165
has prevented him from attending this historic Session of the General Assembly and he is sorely missed by the members of that body;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, that Honorable John P. Drinkard of Lincoln County, Georgia, be wished a speedy recovery from his illness.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to Honorable John P. Drinkard.
Mr. Sheffield of Brooks moved that the House do now adjourn until 10:00 o'clock tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until tomorrow morning at 10:00 o'clock.
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Representative Hall, Atlanta, Georgia. Thursday, January 12, 1956.
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 Putman, 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 readings of Bills and Resolutions, favorably reported. 5. Third reading and passage of uncontested local Bills and Resolutions. 6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were read the first time and referred to the Committees:
HB 75. By Messrs. McKenna, Carlisle and Groover of Bibb:
A Bill to be entitled an Act to amend an Act entitled An Act to re-enact the charter of the City of Macon, and for other purposes.
Referred to the Committee on Municipal Government.
HB 76. By Messrs. McKenna, Carlisle and Groover of Bibb:
A Bill to be entitled an Act to amend an Act entitled An Act to re-enact the charter of the City of Macon, and for other purposes.
Referred to the Committee on Municipal Government.
HB 77. By Mr. Hawkins of Screven:
A Bill to be entitled an Act to prohibit contributions to political cam paigns by corporations; to prohibit contributions to political campaigns by State employees; to limit contributions of individuals to candidates or political campaigns to $500.00, and for other purposes.
Referred to the Committee on Special Judiciary.
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167
HB 78. By Messrs. Watson and Denson of Dougherty, H. Smith, M. M. Smith and Lokey of Fulton, and Gunter of Hall:
A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on the Highways", so as to provide for an annual inspection of motor vehicles; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 79. By Mr. Willingham of Cobb:
A Bill to be entitled an Act to amend an Act completely and exhaustively revising, superseding and consolidating the laws relating to the State Game and Fish Commission and Game and Fish; and for other purposes.
Referred to the Committee on Game and Fish.
HB 80. By Mr. Bolton of Spalding:
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 any person who sells or discounts a note, bill of sale to secure debt, conditional sales contract, or other written contract to pay, with full recourse to the seller, shall upon his being required to repossess the article sold under the note, bill of sale to secure debt, conditional sales contract, or other written contract to pay, receive credit for the sales tax paid by him upon the unpaid balance in such manner as may be prescribed by the Commissioner of Revenue; and for other purposes.
Referred to the Committee on Ways and Means.
HB 81. By Messrs. Chambers and Sanders of Richmond:
A Bill to be entitled an Act to amend an Act relating to traverse jurors generally, and which will provide for the placing of jurors in the jury box in panels of twelve each, in civil and criminal cases, so as to facili tate their examination by counsel, and for other purposes.
Referred to the Committee on Special Judiciary.
HB 82. By Mr. Sanders of Richmond:
A Bill to be entitled an Act to amend an Act relating to the recording of conditional bills of sale, so as to provide that the effect of the failure to record conditional bills of sale within or after thirty days from their date shall be the same as is the effect of the failure to record a deed of bargain and sale; and for other purposes.
Referred to the Committee on General Judiciary #2.
HB 83. By Messrs. Sanders and Chambers of Richmond, and Fowler of Tift:
A Bill to be entitled an Act to amend an Act so as to provide for the trial of civil cases anytime after appearance day by consent, and for other purposes.
Referred to the Committee on Special Judiciary:
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JOURNAL OF THE HOUSE,
HB 84. By Mr. Strickland of Toombs:
A Bill to be entitled an Act to amend an Act relating to the number of grand jurors so as to provide that each finding, indictment, present ment or other act of a grand jury shall require the concurring vote of at least twelve members of that grand jury; and for other purposes.
Referred to the Committee on General Judiciary #1.
HB 85. By Messrs. Watson and Denson of Dougherty:
A Bill to be entitled an Act to repeal an Act relating to the limitation on municipal taxation; and for other purposes.
Referred to the Committee on Ways and Means.
HB 86. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A Bill to be entitled an Act to add two additional judges of the Superior Court for the Atlanta Judicial Circuit, and for other purposes.
Referred to the Committee on Special Judiciary.
HB 87. By Messrs. Sanders and Chambers of Richmond and Freeman of Monroe:
A Bill to be entitled an Act to amend an Act known as the "Juvenile Court Act", so as to provide that it shall be unlawful for any juvenile court judge to act as an attorney in any manner or in any matter which is, has been or may be within the jurisdiction of his own court; and for other purposes.
Referred to the Committee on General Judiciary #1.
HB 88. By Messrs. Sanders and Chambers of Richmond and Hawkins of Screven:
A Bill to be entitled an Act to amend an Act relating to the prisoner's statement in criminal trials, so as to provide that the defendant in crim inal trials may submit himself to cross-examination under oath if he so elects; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 89. By Messrs. Watson of Dougherty, Barber of Colquitt, Register and Mathis of Lowndes:
A Bill to be entitled an Act to amend an Act which defines the term "bank", 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 or side-walk teller bank facilities; and for other purposes.
Referred to the Committee on Banks and Banking.
HB 90. By Messrs. Matthews of Clarke, Bodenhamer and Fowler of Tift:
A Bill to be entitled an Act to amend an Act so as to provide for the seizure, condemnation and sale or destruction of any obscene matter, or
THURSDAY, JANUARY 12, 1956
169
any vehicle or equipment used to transport, manufacture, or display such obscene matter; and for other purposes.
Referred to the Committee on State of Republic.
HB 91. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to amend an Act regulating the marketing of eggs, so as to change the weight and size classification of eggs, and for other purposes.
Referred to the Committee on General Agriculture #1.
HB 92. By Messrs. M. Smith, H. Smith and Lokey 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 as applied to the office of the Solicitor-General of said circuit; by creating the positions of trial assistant solicitors-general, and for other purposes.
Referred to the Committee on Special Judiciary.
HB 93. 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 provide that the voting age for voters in city elections shall be 18 years; and for other purposes.
Referred to the Committee on Municipal Government:
HB 94. By Messrs. Watson and Denson of Dougherty:
A Bill to be entitled an Act to amend an Act relating to the limitation on the right of taxation by municipal corporations, so as to provide that the City of Albany shall not be affected by the provisions of this Section, and for other purposes.
Referred to the Committee on Municipal Government.
HB 95. By Mr. Martin of Banks:
A Bill to be entitled an Act to provide for the compensation for the Sheriff of Banks County; and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 96. By Mr. Matheson of Hart:
A Bill to be entitled an Act to amend an Act entitled An Act to create the office of Commissioner of Roads and Bridges and a Board of Finance, consisting of three members in and for Hart County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HR 28-96a. By Messrs. Watson and Denson of Dougherty: A Resolution proposing an amendment to the Constitution so as to pro-
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JOURNAL OF THE HOUSE,
vide for the paving of streets in Dougherty County, and to authorize the cost thereof to be assessed against the property on each side of such streets; and for other purposes.
Referred to the Committee on Amendments to Constitution #1.
HR 29-96b. By Messrs. Alien and Fordham of Bulloch:
A Resolution to compensate Dr. John Mooney, and for other purposes. Referred to the Committee on Special Appropriations.
HR 30-96c. By Mr. Dean of Rockdale:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the County Commissioner of Rockdale County for the use of the Judge of Superior Court of Rockdale County, and for other purposes.
Referred to the Committee on Public Library.
HR 31-96d. By Mr. Bloodworth of Houston:
A Resolution designating a certain bridge as the "Duncan-Shannon Bridge"; and for other purposes.
Referred to the Committee on Historical Research.
HR 32-96e. By Messrs. Chambers and Sanders of Richmond:
A Resolution proposing an amendment to the Constitution so as to confer upon the Supreme Court and Court of Appeals jurisdiction to review by writ of error all final judgments and adjudications rendered by Juvenile Courts; and for other purposes.
Referred to the Committee on Amendments to Constitution #2.
HR 33-96f. By Messrs. Watson and Denson of Dougherty:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of Dougherty County to issue and require building permits, to charge fees therefor, and to establish a build ing code; and for other purposes.
Referred to the Committee on Amendments to Constitution #1.
HB 97. 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, relating to funds for improvements in the Department of Parks, 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:
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171
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 39. Do Pass. HB 44. Do Pass. HB 50. Do Pass.
HB 40. Do Pass.
HB 68. Do Pass.
HB 33. Do Pass. HB 38. Do Pass. HB 41. Do Pass. HB 42. Do Pass.
Respectfully submitted,
Short of Colquitt,
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 Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 35. Do Pass, as amended.
Respectfully submitted,
Scoggin of Floyd,
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 63. Do Pass.
HB 24. Do Pass.
HB 26. Do Pass.
HB 32. Do Pass.
HB 69. Do Pass.
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HB 62. Do Pass. HB 64. Do Pass. HB 21. Do Pass. HB 22. Do Pass. HB 23. Do Pass. HB 34. 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 21. By Mr. Greene of Crisp:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Cordele, and for other purposes.
HB 22. By Messrs. Gates and Mobley of Burke:
. A Bill to be entitled an Act to amend an Act creating a new charter for the City of Waynesboro, and for other purposes.
HB 23. By Mr. Wilson of Peach:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Byron, so as to change and extend the corporate limits of the City of Byron from the present limits of one half mile in every direction from the center of the freight and passenger depot of the Central of Georgia Railway Company, and for other purposes.
HB 24. By Messrs. Gates and Mobley of Burke:
A Bill to be entitled an Act to amend an Act establishing the City Court of Waynesboro, and for other purposes.
HB 26. By Messrs. Twitty and Palmer of Mitchell:
A Bill to be entitled an Act to amend an Act entitled An Act to create a new charter for the City of Camilla, to close certain streets, etc., and for other purposes.
HB 32. By Mr. Garrard of Wilkes:
A Bill to be entitled an Act to grant a new charter to the Town of Tignall, and for other purposes.
HB 33. By Mr. Clary of McDuffie.
A Bill to be entitled an Act to provide for the terms of the Superior Court of McDuffie County, and for other purposes.
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173
HB 38. By Mr. Huddleston of Fayette:
A Bill to be entitled an Act to consolidate the offices of Tax Receiver and Tax Collector of Fayette County into the office of Tax Commissioner of Fayette County, and for other purposes.
HB 39. By Mr. Blackburn of Habersham:
A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenue for Habersham County; and for other purposes.
HB 40. By Mr. Stevens of Marion:
A Bill to be entitled an Act to provide for the terms of court of the Superior Court of Marion County; and for other purposes.
HB 41. By Mr. Green of Rabun:
A Bill to be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Rabun County into the office of Tax Commissioner of Rabun County, and for other purposes.
HB 42. By Mr. Green of Rabun:
A Bill to be entitled an Act to authortee the governing authority of the City of Clayton to lease certain property owned by the City of Clayton, known as the "Golf Course Property" for public recreational purposes for a period of not in excess of 99 years, and for other purposes.
HB 44. By Mr. Barker of Heard:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Heard County, so as to remove the provisions relative to district, and for other purposes.
HB 50. By Mr. Murphey of Crawford:
A Bill to be entitled an Act to amend an Act relating to the amount of county-wide school tax which shall be received by the tax receiver in certain counties, so as to increase the amount of county-wide school tax to be received by the tax receiver from one and one-fourth percent to two and one-half percent; and for other purposes.
HB 62. By Mr. Veal of Putnam:
A Bill to be entitled an Act to amend the Charter of the City of Eatonton, and for other purposes.
HB 63. By Mr. Hurst of Quitman:
A Bill to be entitled an Act to amend an Act incorporating the Town of Georgetown, and for other purposes.
HB 64. By Mr. Murphey of Crawford:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Roberta, and for other purposes.
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HB 68. By Messrs. Willingham, Bentley and Reed of Cobb:
A Bill to be entitled an Act to set up a comprehensive zoning and plan ning system for the unincorporated areas of Cobb County, and for other purposes.
HB 69. 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 following Resolution of the House was read and referred to the Com mittee on State of Republic:
HR 34. By Mr. Lindsey of Spalding:
A Resolution to create an Agricultural Research Committee; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 35. By Mr. Harrison of Wayne:
A RESOLUTION
Extending an invitation to Honorable James C. Davis and Honor able John J. Flynt, Jr., to address a Joint Session of the General As sembly; and for other purposes.
WHEREAS, there has been introduced in the General Assembly of Georgia a resolution opposing the passage of the "Federal Aid for Edu cation Bill"; and
WHEREAS, it would be advantageous for the members of this body to hear remarks of members of the Georgia Congressional Delegation concerning this bill,
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA, that Honorable James C. Davis and Hon orable John J. Flynt, Jr., be hereby invited to address a Joint Session of the House of Representatives and the Senate on the subject of the "Federal Aid for Education Bill", which is now pending in the United States Congress.
BE IT FURTHER RESOLVED that the aforesaid members of Congress be invited to speak at any time which suits their convenience, but if possible, on or before January 19, 1956.
BE IT FURTHER RESOLVED that the Speaker of the House be authorized to make any arrangements necessary for such occasion.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby directed to send a copy of this resolution to each of the aforesaid members of Congress.
THURSDAY, JANUARY 12, 1956
175
HR 36. By Mr. Deen of Bacon:
A RESOLUTION
Memorializing the Congress of the United States to enact the necessary legislation for the disposal of surplus agricultural commodi ties.
WHEREAS, the United States Government by and through the World Bank, an international bank located in the United States for the purpose of making loans to foreign countries, has loaned billions of dol lars to foreign countries, securing the funds through bond issues and further plunging the people of the United States into debt; and
WHEREAS, many of these billions of dollars loaned to foreign countries are being used to develop and further expand the production of agricultural commodities with a much lower standard of labor, there fore, destroying our customers and putting the farmers of the United States out of business; and
WHEREAS, the United States Government through the Commodity Credit Corporation has approximately 8 billion dollars worth of surplus agricultural commodities stored in the United States in warehouses, storage tanks, grain elevators, holds of ships, on which the storage charges alone are costing the taxpayers of the United States the stag gering sum of $700,000.00 per day or a total of slightly more than $255,000,000.00 annually; and
WHEREAS, in the United States cotton acreage is reduced today to its lowest level since 1883 with additional cuts pending for 1956 and 1957; there is a carry over of an all time high of nearly 15 million bales; exports of cotton for the year 1955 were the lowest in a hundred years; production of foreign cotton has increased in recent years to within 1% to 2 million bales of supplying all foreign demands for cotton; foreign prices of cotton being 4 to 8 cents a pound below prices in the United States; and
WHEREAS, a similar situation to that of the cotton problem exists in practically all basic agricultural commodities; acreage reductions of basic agricultural commodities in the United States resulting in foreign governments increasing their acreage with money loaned to them by American taxpayers; and
WHEREAS, expansion in production by foreign governments re sulting in competition with production in the United States, which foreign expansion is being paid for by the taxpayers of the United States is poor policy, both foreign and domestic.
NOW THEREFORE, BE IT RESOLVED by the General As sembly of the State of Georgia that we respectfully petition the Con gress of the United States to forthwith and promptly take steps to correct this situation by enacting appropriate legislation to authorize and empower the World Bank to make loans to Foreign Governments of basic agricultural commodities now stored in the United States. Citing a specific case. Recent approval of a loan of two hundred million dol lars in cash to Egypt for the purpose of constructing dams, building lakes and otherwise promoting irrigation for the purposes of expanding agricultural production and the growing of agricultural commodities,
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JOURNAL OF THE HOUSE,
with which the United States is over supplied; surplus commodities totaling the amount of the loan should have been used instead of money.
BE IT FURTHER RESOLVED that the President of the United States, together with his assistants in charge of any and all foreign aid programs and the members of the Georgia Congressional delegation be furnished with copies of this resolution.
The following Resolution of the House was read and referred to the Com mittee on State of Republic:
HR 37. By Mr. Harrison of Wayne:
A Resolution expressing the opposition of the General Assembly of Georgia to the passage of the "Federal Aid for Education Bill"; and for other purposes.
The following Resolution of the House was read and adopted:
HR 38. By Messrs. Floyd and Weems of Chattooga and Potts and Stripling of Coweta:
A Resolution to offer Miss Carol Cox, of Texas, sanctuary within the friendly confines of the State of Georgia and to establish Miss Carol Cox as an official Emissary for the State of Georgia; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has adopted the following resolutions of the House to wit:
HR 15. By Messrs. Souter of Macon and Cocke of Terrell:
A Resolution to wish Honorable A. Cullen Richardson of Montezuma, Georgia, Senator of the 13th District, a speedy recovery from his present illness and continued good health thereafter; and for other purposes.
The hour of 11:00 o'clock A. M., having arrived, under the provisions of HR 7 and HR 8, adopted by the House and Senate on January 9, 1956, the Senate appeared upon the floor of the House, and the General Assembly convened in Joint Session for the purpose of caucusing and electing (1) a member of the State Highway Board from the Central Highway District for the unexpired term of Honorable C. Dixon Oxford, ending February 8, 1960; (2) a member of the State Highway Board from the Southern Highway District to succeed Honorable W. A. Blasingame for a full term of six years, ending on February 8, 1962.
The President of the Senate called the Joint Session to order.
The Secretary of the Senate read the Resolutions providing for the Joint Session.
At the direction of the President, the Secretary read the following notice
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177
which had been mailed to each member of the General Assembly on January 9, 1956:
GENERAL ASSEMBLY OF GEORGIA State Capitol
Atlanta, Georgia
January 9, 1956
TO: ALL MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA:
On the 19th day of January, 1955, by Joint Session Resolution Honorable W. A. Blasingame was elected and declared to be a member of the State Highway Board of Georgia, from the Southern Highway District, for an unexpired term ending February 8, 1956.
Honorable C. Dixon Oxford has resigned as a member of the State Highway Board of Georgia for the Central 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 12th day of January, 1956, at 11 o'clock A.M. for the purpose of electing a successor to Honorable W. A. Blasingame, as a member of the State Highway Board for a full term of six (6) years as provided by law and for the purpose of electing a successor to Honorable C. Dixon Oxford, as a member of the State High way Board for the unexpired term ending February 8, 1960.
MARVIN E. MOATE, Speaker of the House.
S. ERNEST VANDIVER, President of the Senate.
The General Assembly being in caucus, the President announced that the General Assembly was now ready to receive nominations for a member of the State Highway Board of Georgia, from the Central Highway District for the unexpired term of Hon. C. Dixon Oxford, ending February 8, 1960.
Mr. Ray of Warren placed in nomination the name of Honorable Roger H. Lawson of Pulaski County as a member of the State Highway Board from the Central Highway District for the unexpired term of Hon. C. Dixon Oxford, ending February 8, 1960.
Senator Shurling of the 21st District, Representatives Stephens of Clarke and Pettey of Pulaski seconded the nomination of Hon. Roger Lawson.
Mr. Groover of Bibb moved that the nominations be closed, which motion was seconded by Mr. Sheffield of Brooks.
The motion to close the nominations prevailed.
The following Resolution was read:
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JOURNAL OF THE HOUSE,
By Messrs. Pettey of Pulaski, Ray of Warren, and Stephens of Clarke:
Joint Session Resolution No. 1. Be it resolved by the General Assembly in Joint Session that Honorable Roger H. Lawson of the County of Pulaski is hereby elected and declared to be a member of the State Highway Board of Georgia, from the Central Highway District, for the unexpired term of Honorable C. Dixon Oxford ending February 8, 1960.
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 Roger H. Lawson be commissioned as a member of the State Highway Board of Georgia from the Central Highway District for the unexpired term of Honorable C. Dixon Oxford ending on February 8, 1960.
Mr. Groover of Bibb asked unanimous consent that the Secretary be directed to cast the entire vote of the membership present of the General Assembly for the adoption of the Resolution and the election of Hon. Roger H. Lawson as a member of the State Highway Board from the Central Highway District for the unexpired term of Honorable C. Dixon Oxford ending on February 8, 1960.
The unanimous consent request was granted, and the vote of the General Assembly was cast as follows:
Those voting in the affirmative from the Senate were as follows:
Ayers, 31st Blalock, 36th Brooks, 50th Chance, 51st Clary, 29th Coffin, llth Dean, 40th Dews, 9th Dykes, 14th Florence, 39th Harden, 27th Harper 26th Harrison, 17th Hollis, 24th
Ayes 41, Nays 0.
Housley, 32nd Jones, 38th Jones, 23rd Kelley, 35th Lambert, 28th Lovett, 16th McDonald, 43rd Millican, 52nd Morrison, 15th Neel, 7th Overby, 33rd Parker, 20th Ponsell, 5th Reynolds, 8th
Ricketson, 19th Roop, 37th Seagraves, 30th Shurling, 21st Steis, 25th Turner, 34th Ursrey, 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 Alien . Ayers Bagby Barber of Colquitt Barber of Jackson Barker Baughman Bentley Birdsong Black
Blackburn Blalock Bloodworth Bodenhamer Bolton Brannen Brown Caldwell Callier Campbell Carlisle
Cason Gates Chambers Chastain Cheatham Cheek Clary Cloud Cocke Coker of Cherokee Coker of Walker
THURSDAY, JANUARY 12, 1956
179
Cornelius Cotton Cowart Coxwell Deal Dean of Rockdale Deen of Bacon Denmark Denson Dozier Duke Duncan Elder English Eyler Pain 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 Harrison of Jeff Davis Harrison of Wayne Hawkins Hayes Henderson Hendrix Hodges 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 Killingsworth King of Whitfield King of Chattahoochee King of Pike Kitchens Lam Land Lanier Larkins 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 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 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
Stewart
Strickland Stripling Tamplin Tanner Tarpley Terrell Todd Truelove Turk Twitty Underwood of Bartow Underwood of
Montgomery
Upshaw Veal Watson Weems Williams Willingham Willis Wilson of Towns Wilson of Peach Wooten Young Mr. Speaker
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JOURNAL OF THE HOUSE,
On the adoption of the Resolution and the election of Hon. Roger H. Lawson, the ayes were 240, nays 0.
The President declared that the Resolution was adopted, and that Honor able Roger H. Lawson of Pulaski was elected as a member of the State Highway Board, from the Central Highway District, for the unexpired term of Honorable C. Dixon Oxford ending February 8, 1960.
The General Assembly being in caucus, the President announced that the General Assembly was now ready to receive nominations for a member of the State Highway Board of Georgia from the Southern Highway District to suc ceed Honorable W. A. Blasingame for a full term of six years, ending February 8, 1962.
Mr. Barber of Colquitt placed in nomination the name of Honorable Walter A. Blasingame of Colquitt County to succeed himself as a member of the State Highway Board of Georgia from the Southern Highway District, for a full term of six years; ending February 8, 1962.
Senator Matthews of the 47th, Representative Short of Colquitt, Bodenhamer of Tift and Killian of Glynn seconded the nomination of Hon. Walter A. Blasingame.
Mr. Groover of Bibb moved that the nominations be closed, which motion was seconded by Mr. Odom of Camden.
The motion to close the nominations prevailed.
The following Resolution was read:
By Senator Matthews of the 47th, Representatives Barber and Short of Colquitt, and Bodenhamer of Tift:
Joint Session Resolution No. 2. Be it resolved by the General As sembly in Joint Session that Honorable Walter 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 a full term of six (6) years, beginning on February 9, 1956 and ending on February 8, 1962, as provided by law.
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 Dis trict for a full term of six (6) years beginning on February 9, 1956, and ending on February 8, 1962.
Mr. Groover of Bibb asked unanimous consent that the Secretary be directed to cast the entire vote of the membership present of the General Assembly for the adoption of the Resolution and the election of Honorable W. A. Blasingame as a member of the State Highway Board from the Southern Highway District for a full term of six (6) years beginning on February 9, 1956, and ending on February 8, 1962.
THURSDAY, JANUARY 12, 1956
181
The unanimous consent request was granted, and the vote of the General Assembly was cast as follows:
Those voting in the affirmative from the Senate were as follows:
Ayers, 31st Blalock, 36th Brooks, 50th Chance, 51st Clary, 29th Coffin, llth Dean, 40th Dews, 9th Dykes, 14th Florence, 39th Harden, 27th Harper, 26th Harrison, 17th Hollis, 24th
Housley, 32nd Jones, 38th Jones, 23rd Kelly, 35th Lambert, 28th Lovett, 16th McDonald, 43rd Millican, 52nd Morrison, 15th Neel, 7th Overby, 33rd Parker, 20th Ponsell, 5th Reynolds, 8th
Ricketson, 19th Roop, 37th Seagraves, 30th Shurling, 21st Steis, 25th Turner, 34th Ursrey, 54th Warnell, 2nd Waters, 41st Wetherington, 6th Wilkins, 44th Wood, 49th Zellner, 22nd
Ayes 41, nays 0.
Those voting in the affirmative from the House were as follows :
Adams Alien Ayers Bagby Barber of Colquitt Barber of Jackson Barker Baughman Birdsong Black Blackburn Blalock Bloodworth Bodenhamer Bolton Brannen Brown Caldwell Callier Campbell Carlisle Cason Gates Chambers Chastain Cheatham Cheek Clary Cloud Cocke Coker of Cherokee Cokei of Walker
Cornelius Cotton Cowart Coxwell Deal Dean of Rockdale Deen of Bacon Denmark Denson Dozier 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 Gunter Hall Hardaway Harrell Harrison of Jeff Davis Harrison of Wayne Hawkins Hayes Henderson Hendrix Hodges 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
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JOURNAL OF THE HOUSE,
Kilgore Killian Killingsworth King of Whitfield King of Chattahoochee King of Pike Kitchens Lam Land Lanier Larkins 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
Ayes 198, nays 0.
Murphey of Crawford Murphy of Haralson Murr Musgrove Nilan Odom Palmer Parker Peacock Pelhant Perkina 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 Stewart Strickland Stripling Tamplin Tanner Tarpley Terrell Todd Truelove Turk Twitty Underwood of Bartow Underwood of
Montgomery Upshaw Veal Watson Weems Williams Willingham Willis Wilson of Towns Wilson of Peach Wooten Young Mr. Speaker
On the adoption of the Resolution and the election of Hon. W. A. Blasingame, the ayes were 239, nays 0.
The President declared that the Resolution was adopted, and that Honorable W. A. Blasingame was elected as a member of the State Highway Board, from the Southern Highway District, to succeed himself, for a full term of six (6) years beginning on February 9, 1956, and ending on February 8, 1962.
Senator Overby of the 33rd moved that the Joint Session be now dissolved, and the motion prevailed.
The speaker called the House to order.
Mr. Groover of Bibb moved that the House do now adjourn until Monday morning, January 16, at 10:00 o'clock, and the motion prevailed.
The Speaker announced the House adjourned until Monday, January 16, 1956, at 10:00 o'clock, A. M.
MONDAY, JANUARY 16, 1956
183
Representative Hall, Atlanta, Georgia. Monday, January 16, 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, Reverend Glynn Waldrop, McDonough Baptist Church, McDonough, Georgia.
By unanimous consent, the call of the roll was dispensed with.
Mr. Veal of Putnam, Acting Chairman of the Committee on Journals, re ported 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.
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 98. By Mr. Blackburn of Habersham:
A Bill to be entitled an Act to repeal an Act creating a new charter for the City of Clarkesville; to provide a new charter for said City and for other purposes.
Referred to the Committee on Municipal Government.
HB 99. By Mr. McGarity of Henry:
A Bill to be entitled an Act to amend an Act relating to the administra tion of the Food and Drug Acts; so as to provide that the exemption of commercial fishermen shall extend only to those fish caught by such fishermen; and for other purposes.
Referred to the Committee on Game and Fish.
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JOURNAL OF THE HOUSE,
HB 100. By Mr. Underwood of Montgomery:
A Bill to be entitled an Act to amend an Act relating to the sale, purchase and use of drugs of the Sulfanilamide or Sulfonamide group manufactured for use in the control of livestock and poultry diseases, and for other purposes.
Referred to the Committee on General Agriculture $1.
HB 101. By Messrs. Been of Bacon and Jones of Laurens:
A Bill to be entitled an Act to create a State Planning Commission; to provide for members and employees; to provide for studies and plans for the development of the State; to provide for planning assistance to municipalities and counties having a population of less than 25,000; and for other purposes.
Referred to the Committee on State of Republic.
HB 102. By Messrs. Deen of Bacon and Jones of Laurens:
A Bill to be entitled an Act to authorize municipalities and counties to create municipal and county and joint municipal-county planning commissions; to authorize municipal and county planning, zoning, land subdivision regulation, and protection of mapped streets and other public areas, and for other purposes.
Referred to the Committee on State of Republic.
HB 103. By Messrs. Groover of Bibb and Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act relating to concentrated commercial feeding stuffs, so as to redefine concentrated commercial feeding stuff; and for other purposes.
Referred to the Committee on General Agriculture #2.
HB 104. By Messrs. Potts of Coweta, Stephens and Matthews of Clarke:
A Bill to be entitled an Act declaring the intent of the General Assembly to establish as a policy of the State a method for protection of the public against false claims in the guarantee of high quality of seeds and plants for various agricultural pursuits; and for other purposes.
Referred to the Committee on General Agriculture #1.
HB 105. By Messrs. Clary of McDuffie and Smith of Emariuel:
A Bill to be entitled an Act to amend an Act regulating and governing the feeding of garbage to livestock and regulating and governing the rendering of the carcasses of dead domestic animals; and for other purposes.
Referred to the Committee on General Agriculture #2.
HB 106. By Mr. Groover of Bibb: A Bill to be entitled an Act to amend an Act relating to the sale of
MONDAY, JANUARY 16, 1956
185
Commercial feed and feeding-stuffs sold in this State, and for other purposes.
Referred to the Committee on General Agriculture #1.
HB 107. By Messrs. Young, Pickard and Nilan of Muscogee:
A Bill to be entitled an Act to provide for the hours of holding elections in certain counties, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 108. By Messrs. Hoke Smith, Lokey and M. M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta; providing that the Mayor and Board of Alder men shall have full and complete power and authority to sell, exchange, farm out, lease, rent or in any way alien property and facilities dedi cated to and used as parks, playgrounds, golf courses, and for other purposes.
Referred to the Committee on Municipal Government.
HB 109. By Mr. Ayers of Madison:
A Bill to be entitled an Act to amend an Act creating a new city charter for the City of Colbert, and for other purposes.
Referred to the Committee on Municipal Government.
HR 39-109a. By Messrs. Carlisle of Bibb and Bloodworth of Habersham:
A Resolution authorizing payment to Fountain's Dry Cleaners and Laundry, Inc., for damages to truck, and for other purposes.
Referred to the Committee on Special Appropriations.
HR 40-109b. By Mr. Kitchens of Twiggs:
A Resolution designating a certain bridge as the "Mark FitzpatrickJim Duncan Bridge"; and for other purposes.
Referred to the Committee on Historical Research.
HB 110. By Messrs. Cheatham, Eyler and Sognier of Chatham:
A Bill to be entitled an Act to amend an Act entitled An Act to author ize and empower County Boards of Education to condemn private prop erty for public school purposes or to be used in connection with the public educational program of the county, and for other purposes.
Referred to the Committee on Education #1.
HR 41-110a. By Messrs. Watson and Denson of Dougherty:
A Resolution proposing an amendment to the Constitution so as to authorize the City of Albany in Dougherty County to levy a tax not to exceed one mill for the purpose of creating a fund to be used in
186
JOURNAL OF THE HOUSE,
assisting, promoting and encouraging the location of new industries in or near the City of Albany; and for other purposes.
Referred to the Committee on Amendments to Constitution #1.
HR 42-110b. By Messrs. Watson and Denson of Dougherty:
A Resolution proposing an amendment to the Constitution so as to authorize Dougherty County to levy a tax not exceeding one mill on all of the taxable property in the County, to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Amendments to Constitution #1.
HB 111. By Messrs. Moate of Hancock and Groover of Bibb:
A Bill to be entitled an Act to prohibit members of boards, bureaus, commissions, committees and other State agencies and authorities, under certain conditions, from selling goods or services to the State and such agencies and authorities on which they serve, and for other purposes.
Referred to the Committee on State of Republic.
HB 112. By Mr. Groover of Bibb:
A Bill to be entitled an Act to amend an Act relating to the Game and Fish Commission and to game and fish; relating to salaries of Com mission employees and wildlife rangers, and for other purposes.
Referred to the Committee on Game and Fish.
HB 113. By Mr. Groover of Bibb:
A Bill to be entitled an Act to amend an Act relating to the Game and Fish Commission and to Game and Fish, and for other purposes.
Referred to the Committee on Game and Fish.
HB 114. By Messrs. Blalock of Clayton and Rutland of DeKalb:
A Bill to be entitled an Act to establish a tolerance or increase of 13% on certain sizes, weights, and loads of motor vehicles; and for other purposes.
Referred to the Committee on Motor Vehicles.
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 21. By Mr. Greene of Crisp:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Cordele; and for other purposes.
The report 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.
MONDAY, JANUARY 16, 1956
187
The Bill having received the requisite constitutional majority, was passed.
HB 22. By Messrs. Gates and Mobley of Burke:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Waynesboro; and for other purposes.
The report of the Committee which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, nays 0.
The Bill having received the requisite constitutional majority, was passed.
HB 23. By Mr. Wilson of Peach:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Byron; and for other purposes.
The report of the Committee which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, nays 0.
The Bill having received the requisite constitutional majority, was passed.
HB 24. By Messrs. Gates and Mobley of Burke:
A Bill to be entitled an Act to amend an Act establishing the City Court of Waynesboro in 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 106, nays 0.
The Bill having received the requisite constitutional majority, was passed.
HB 26. By Messrs. Twitty and Palmer of Mitchell:
A Bill to be entitled an Act to amend an Act entitled "An Act to create a new charter for the City of Camilla"; and for other purposes.
The report of the Committee which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, nays 0.
The Bill having received the requisite constitutional majority, was passed.
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JOURNAL OF THE HOUSE,
HB 33. By Mr. Clary of McDuffie:
A Bill to be entitled an Act to provide for the terms of the Superior Court of McDuffie County; and for other purposes.
The report of the Committee which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, nays 0.
The Bill having received the requisite constitutional majority, was passed.
HB 34. By Messrs. Underwood and Upshaw of Bartow:
A Bill to be entitled an Act to amend an Act granting a new charter to the City of Cartersville in Bartow County; and for other purposes.
The report of the Committee which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, nays 0.
The Bill having received the requisite constitutional majority, was passed.
HB 38. By Mr. Huddleston of Fayette:
A Bill to be entitled an Act to consolidate the offices of Tax Receiver and Tax Collector of Fayette County into the office of Tax Commis sioner of Fayette County; and for other purposes.
The report 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 39. By Mr. Blackburn of Habersham:
A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenue for Habersham County; and for other purposes.
The report of the Committee which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 111, nays 0.
The Bill having received the requisite constitutional majority, was passed.
MONDAY, JANUARY 16, 1956
189
HB 40. By Mr. Stevens of Marion:
A Bill to be entitled an Act to provide for the terms of court of the Superior Court of Marion County; and for other purposes.
The report of the Committee which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 112, nays 0.
The Bill having received the requisite constitutional majority, was passed.
HB 41. By Mr. Green of Rabun:
A Bill to be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Rabun County into the office of Tax Commissioner of Rabun County; and for other purposes.
The report of the Committee which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 113, nays 0.
The Bill having received the requisite constitutional majority, was passed.
HB 42. By Mr. Green of Rabun:
A Bill to be entitled an Act to authorize the governing authority of the City of Clayton to lease certain property owned by the City of Clayton, known as the "Golf Course Property", for public recreational purposes for a period of not in excess of 99 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 114, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 44. By Mr. Barker of Heard:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Heard County; and for other purposes.
The report 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 constit'itional majority, was passed.
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HB 50. By Mr. Murphey of Crawford:
A Bill to be entitled an Act to amend an Act relating to the amount of county-wide school tax which shall be received by the Tax Receiver in certain counties; and for other purposes.
The report of the Committee which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 116, nays 0.
The Bill having received the requisite constitutional majority, was passed.
HB 62. By Mr. Veal of Putnam:
A Bill to be entitled an Act to amend the Charter of the City of Eatonton; and for other purposes.
The report of the Committee which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 117, nays 0.
The Bill having received the requisite constitutional majority was passed.
HB 63. By Mr. Hurst of Quitman:
A Bill to be entitled an Act to amend an Act incorporating the Town of Georgetown; and for other purposes.
The report 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 64. By Mr. Murphey of Crawford:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Roberta; and for other purposes.
The report of the Committee which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 119, nays 0.
The Bill having received the requisite constitutional majority was passed.
HB 68. By Messrs. Bentley, Willingham and Reed of Cobb: A Bill to be entitled an Act to set up a comprehensive zoning and plan-
MONDAY, JANUARY 16, 1956
191
ning system for the unincorporated areas 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 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 69. By Messrs. Reed, Willingham 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 121, nays 0.
The Bill having received the requisite constitutional majority was passed.
The following Resolutions of the House were read and adopted:
HR 43. By Messrs. Bentley of Cobb, Deen of Bacon, Duke of Baldwin and Killian of Glynn:
A RESOLUTION
To set aside one room in the State Capitol, as a Chapel, dedicated to prayer and meditation, for the peaceful worship of Almighty God, when suitable space becomes available, and for other purposes.
WHEREAS, the members of this General Assembly and other offi cers vested with the authority of governing the State are confronted daily with problems of a grave and serious nature; and
WHEREAS, there is an ever-present needs on the part of those charged with the duty of government to seek the divine guidance of Almighty God in prayer and meditation; and
WHEREAS, it is fitting and proper that a special place be set apart for those who wish to commune with God in peaceful worship according to the dictates of their own faith; and
WHEREAS, the relocation of the appellate courts and other depart ments of government will render more space available inside the walls of this Capitol;
THEREFORE, BE IT RESOLVED by the House of Representa tives, the Senate concurring, that one room in this building be set apart as a chapel, dedicated to prayer and meditation, for the peaceful worship of Almighty God.
Be it further resolved that this chapel be nonsectarian and nondenominational in character, open to persons of every religious faith.
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Let a copy of this resolution be transmitted to the Secretary of State with the request that this matter be presented to the appropriate authorities when suitable space becomes available.
HE 44. By Messrs. Bentley of Cobb, Been of Bacon, Duke of Baldwin and Killian of Glynn:
A RESOLUTION
Commending the National Junior Chamber of Commerce and desig nating National Junior Chamber of Commerce week; and for other purposes.
WHEREAS, the National Junior Chamber of Commerce is now in its thirty-sixth year, and
WHEREAS, January 14 to January 21 has been designated as National Jaycee Week, and
WHEREAS, this organization has performed a wonderful service for this country and has carried on innumerable worthwhile projects, and
WHEREAS, many of the present and future leaders of our Nation are members of the Jaycees,
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the National Junior Chamber of Com merce is hereby extended sincerest congratulations on its thirty-sixth birthday, and is hereby commended for the magnificent part it has played in the development of our great Nation. January 14 to January 21 is hereby designated as National Jaycee Week in Georgia, and all the citizens of this State are called upon to pay tribute to this fine organization.
BE IT FURTHER RESOLVED, that the Clerk of the House of Representatives is hereby directed to transmit a copy of this Resolution to the National President of the Jaycees, and a copy to the Georgia President of the Jaycees.
By unanimous consent, the Resolution was ordered immediately transmitted to the Senate.
Under the regular order of business, the following Bills of the House were taken up for consideration and read the third time:
HB 27. By Mr. Twitty of Mitchell:
A Bill to be entitled an Act creating a Board to be known as the State Board of Dispensing Opticians; Providing a method for the appoint ment of the members of said Board; Defining the trade or occupation of Dispensing Opticians; providing for the examination and regulation of Dispensing Opticians and placing all Dispensing Opticians under the jurisdiction of the State Board of Dispensing Opticians; and for other purposes.
Mr. Strickland of Toombs moved that further consideration of HB 27 be postponed until Monday, January 23, 1956.
MONDAY, JANUARY 16, 1956
193
The motion prevailed and the Bill was postponed.
HB 35. By Messrs. Tarpley of Union, Cheatham of Chatham, Lindsey of Spalding, Short of Colquitt and Underwood of Bartow:
A Bill to be entitled an Act to create a statewide probation system; and for other purposes.
The previous question was ordered.
The main question was ordered.
The following amendment was read:
General Judiciary Committee No. 1 moved to amend HB 35, as follows:
By adding a new sentence at the end of Section 2 thereof to read as follows:
"Each member of said Board of Probation shall be paid a salary of $3,600.00 annually, payable in semi-monthly installments", so that said Section, when amended, shall read as follows:
SECTION 2.
"There is hereby created a Statewide Probation System to be administered by a State Board of Probation. Such Board of Probation shall be composed of the members of the State Board of Pardons and Paroles, acting in ex-officio capacity. Such probation system shall not be administered as part of the duties and activities of the Board of Pardons and Paroles, and separate files and records shall be kept with relation to such system. Each member of said Board of Probation shall be paid a salary of $3,600.00 annually, payable in semi-monthly installments".
The following amendment to the Committee amendment was read and adopted:
Messrs. Moate of Hancock and Groover of Bibb move to amend the Committee Amendment to HB 35, which amends Section 2 of said Bill, by striking the figures $3600.00 and inserting in lieu thereof the figures $1400.00.
The Committee Amendment, as amended, was adopted.
An amendment offered by Mr. Caldwell of Upson was read and lost.
The following amendment was read and adopted:
Mr. Veal of Putnam moves to amend HB 35 as follows: By amend ing Section 13 as follows: By inserting in line 2 of said Section, be tween the words "guilty" and "shall" the following phrase and words: "or plea of nolo contendere".
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The following amendment was read:
Mr. Lokey of Fulton moves to amend HB 35 as follows: By strik ing the last sentence of Section 15 and substituting the following:
"Provided, however, the substantive provisions of this Act relative to probation shall be followed and to this end any probation officer of such system shall be deemed to be the same as a circuit probation officer, and such system shall be under the general supervision of the State Board of Probation, with the circuit probation officer assigned by the State Board of Probation serving in a liaison capacity between such county probation system and the State Board of Probation.
The amendment offered by Mr. Lokey of Fulton was lost.
An amendment offered by Mr. Jones of Laurens was read and lost.
The following amendment was read and adopted:
Mr. Veal of Putnam moves to amend HB 35 as follows:
By inserting in the third line of Section 8, following the word "plea", a comma, and by inserting in said third line, between the word "plea" and the word "except", the following words and language: "or who has been sentenced upon a plea of nolo contendere,".
Mr. Lindsey of Spalding moved that the House reconsider its action in failing to adopt the amendment offered by Mr. Lokey of Fulton.
The motion to reconsider prevailed.
The amendment offered by Mr. Lokey of Fulton was adopted.
The report of the Committee which was favorable to the passage of the Bill, as amended, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 138, nays 0.
The Bill having received the requisite constitutional majority was passed, as amended.
By unanimous consent, the Bill was ordered immediately transmitted to the Senate.
HB 2. 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.
The following amendments were read and adopted:
Mr. Watson of Dougherty moves to amend HB 2 to add a proviso at the end of Section 5 to read as follows: "Provided, however, that
MONDAY, JANUARY 16, 1956
195
nothing contained herein shall be construed to repeal any local legisla tion heretofore passed dealing with the same subject matter in any individual county or municipality of this State."
Mr. Jones of Laurens moves to amend HB 2 by adding to Section 1 the following sentence: Voting place shall be deemed to mean the building wherein such voting takes place.
Mr. Lavender of Elbert moves to amend HB 2 by striking the words "250 feet" from Section 2 thereof and inserting in lieu thereof the words "100 feet".
Amendments offered by Messrs. Coker of Walker and Williams of Hall were ruled out of order by the Speaker.
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 69, nays 54.
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 2.
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. Tuesday, January 17, 1956.
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, Reverend David Duck, Dawson Meth odist Church, Dawson, Georgia.
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 busi ness 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 115. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to authorize, limit and regulate the estab lishment and operation of branch offices by Building and Loan Asso ciations and Savings and Loan Associations incorporated, organized, and doing business under the laws of the State of Georgia, and for other purposes.
Referred to the Committee on Banks and Banking.
HB 116. By Mr. Denmark of Liberty:
A Bill to be entitled an Act to provide for the inspection and regulation of Anti-Freeze Substances and Preparations; and for other purposes.
Referred to the Committee on Motor Vehicles.
TUESDAY, JANUARY 17, 1956
197
HB 117. By Mr. Denmark of Liberty:
A Bill to be entitled an Act to provide that Hydraulic brake fluid shall be manufactured, processed, distributed, and serviced with due regard for the safety of occupants of vehicles and the general public; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 118. By Messrs. Bagby of Paulding, Rowland of Johnson, Ivey of Newton Lanier of Candler, Willingham and Bentley of Cobb and others:
A Bill to be entitled an Act to amend an Act creating the State Board of Workmen's Compensation, and for other purposes.
Referred to the Committee on Industrial Relations.
HB 119. By Mr. Murphy of Haralson:
A Bill to be entitled an Act to be known as the "Georgia Food Act", relating to foods and drugs; and for other purposes.
Referred to the Committee on General Agriculture #2.
HB 120. By Messrs. Murr and Jones of Sumter:
A Bill to be entitled an Act creating the charter for the City of Americus, and for other purposes.
Referred to the Committee on Municipal Government.
HB 121. By Messrs. Moate of Hancock, Mincy of Ware, Larkins of Brantley, Harrison of Wayne, Odom of Camden, Jones of Lumpkin and many others:
A Bill to be entitled an Act to repeal an Act creating the Georgia Board of Naturopathic Examiners, and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
Mr. Mincy of Ware moved that HB 121 be engrossed.
On the motion to engross, the ayes were 104, nays 1.
The motion to engross prevailed and the Bill was ordered engrossed.
HB 122. By Messrs. Lanier of Candler and Smith of Evans:
A Bill to be entitled an Act to amend an Act relating to the employ ment and compensation of a veterinary surgeon or expert, so as to pro vide that the Commissioner of Agriculture shall determine the com pensation of such veterinary surgeon or expert; and for other purposes.
Referred to the Committee on General Agriculture #2.
HB 123. By Messrs. Pickard, Young and Nilan of Muscogee: A Bill to be entitled an Act vesting in the City of Columbus power
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and authority to sell and convey to the abutting owner on the west the fee simple title to that part of Bay Avenue in said City, and for other purposes.
Referred to the Committee on Municipal Government.
HB 124. By Messrs. McWhorter, Rutland and Mackay of DeKalb:
A Bill to be entitled an Act to amend, revise, supersede, and consolidate the laws pertaining to the Governing Authority of DeKalb County; and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 125. By Mr. Brown of Telfair:
A Bill to be entitled an Act to amend an Act creating the City Charter of McRae; and for other purposes.
Referred to the Committee on Municipal Government.
HB 126. By Mr. Black of Webster:
A Bill to be entitled an Act to provide for the terms of court of the Webster County Superior Court, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 127. By Messrs. Moate of Hancock, Willingham of Cobb and Groover of Bibb:
A Bill to be entitled an Act to amend an Act and known as the Voca tional Rehabilitation Act, so as to provide for subrogation by the State Board of Vocational Education; and for other purposes.
Referred to the Committee on State of Republic.
HB 128. By Messrs. Moate of Hancock, Willingham of Cobb and Groover of Bibb:
A Bill to be entitled an Act to authorize the operation of vending stands in State Buildings by blind or otherwise seriously disabled persons; and for other purposes.
Referred to the Committee on State of Republic.
HB 129. By Messrs. Reed of Cobb, Sognier, Cheatham and Eyler of Chatham, Palmer of Mitchell, Parker of Appling and Lokey of Fulton:
A Bill to be entitled an Act to amend an Act relating to the produc tion, distribution and sale of milk, regulating the distribution and sale thereof, the creating of the Milk Control Board, and for other purposes.
Referred to the Committee on General Agriculture #2.
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199
HR 45-129a. By Mr. Blackburn of Habersham:
A Resolution designating a certain bridge as the "Judge I. Homer Sutton Bridge;" and for other purposes.
Referred to the Committee on Historical Research.
HR 46-129b. By Mr. Lowe of Oglethorpe: A Resolution to compensate W. W. Armistead; and for other purposes:
Referred to the Committee on Special Appropriations.
HR 47-129c. By Messrs. Moate of Hancock, Groover of Bibb and Lokey of Fulton:
A Resolution proposing an amendment to the Constitution, providing that the General Assembly may, at any time, by a majority vote of both branches prescribed other and different salaries for all the elective officers, and for other purposes.
Referred to the Committee on Amendments to Constitution #1.
HR 48-129d. By Messrs. Moate of Hancock, Willingham of Cobb and Groover of Bibb:
A Resolution authorizing the State Revenue Commissioner to receive amended returns for the first taxable year ending on or after February 15, 1952, in accordance with the provisions of former Code Sec. 92-3109 (c) (6) as set forth herein and to adjust income tax liability of a tax payer filing such an amended return as prescribed therein, such amended return to be filed on or before June 30, 1956 and not thereafter, and for other purposes.
Referred to the Committee on Ways and Means.
HB 130. By Mr. Fain of Franklin:
A Bill to be entitled an Act to amend an Act relating to the regula tion of school busses, pupil transportation, drivers salaries and the administration of funds by the State Board of Education and the power of county boards of education; and for other purposes.
Referred to the Committee on Education #1.
HR 49-130a. By Mr. Fain of Franklin:
A Resolution authorizing and directing the State Librarian to furnish law books to the Clerk of the Superior Court of Franklin County; and for other purposes.
Referred to the Committee on Public Library.
HR 50-130b. By Messrs. Cornelius and McKelvy of Polk:
A Resolution proposing an amendment to the Constitution so as to provide for the election of the County School Superintendent of Polk County by the people instead of the County Board of Education, and for other purposes.
Referred to the Committee on Amendments to Constitution #1.
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JOURNAL OP THE HOUSE,
HB 131. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to amend an Act relating to Credit Unions, so as to provide for increasing the borrowing power of credit unions; to provide for increasing the amount of surety bonds carried on offi cials of credit unions; to provide for increasing the proportion of annual earnings each credit union shall set apart to their reserve fund; and for other purposes.
Referred to the Committee on Banks and Banking.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills and Resolution of the House and Senate to wit:
SB 2. By Senator Overby of the 33rd:
A Bill to provide that it shall be a misdemeanor for any person to enter upon any state-owned or operated property where such property has been closed to the public on executive order of the Governor or by order of the department head having supervision over such property; and for other purposes.
SB 5. By Senator Overby of the 33rd:
A Bill to authorize the State, or any county, municipal corporation or other political subdivision thereof to sell, lease, grant, exchange or otherwise dispose of any property or interest therein comprising parks, playgrounds, golf courses, swimming pools, or other property which has been dedicated to a public use for any purpose; and for other purposes.
SB 6. By Senator Overby of the 33rd:
A Bill to amend the Act creating the Teacher Retirement System, (Ga. L. 1943, p. 640) by providing for the admission of teachers in privately operated nonsectarian schools to said system; and for other purposes.
SB 8. By Senator Overby of the 33rd:
A Bill to prohibit the operation of any private school without a cer tificate from the State Fire Marshal that its building do not constitute a fire hazard; and for other purposes.
SB 9. By Senator Overby of the 33rd:
A Bill to amend the Act creating the Department of Commerce so as to provide for the compensation of the Secretary of the Board of Commissioners of the Department of Commerce and to create the office of Assistant Secretary; and for other purposes.
TUESDAY, JANUARY 17, 1956
201
SR 9. By Senator Dykes of the 14th and Chance of the 51st:
A Resolution designating a certain bridge over the Ocmulgee River connecting Houston and Twiggs Counties as the "James L. Gillis, Sr., Bridge"; and for other purposes.
HR 35. By Mr. Harrison of Wayne:
A Resolution extending an invitation to Hon. James C. Davis and Hon. John J. Flynt, Jr., to address a Joint Session of the General Assembly; and for other purposes.
By unanimous consent, the following Committee Reports were submitted, and read:
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 of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 65. Do Pass, by committee substitute.
HB 87. Do Pass, by committee substitute.
HB 59. Do Pass, by committee substitute. HB 72. Do Pass, by committee substitute.
HB 67. Do Not Pass.
Respectfully Submitted,
Scoggin of Floyd,
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 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 74. Do Pass.
HB 82. Do Pass.
Respectfully Submitted,
Carlisle of Bibb,
Chairman.
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JOURNAL OP THE HOUSE,
Mr. Hoke Smith of Fulton County, Chairman of the Committee on Municipal Government, submitted the following report:
Mr. Speaker: Your Committee on Municipal Government has had under consideration the
following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 98. Do Pass. HB 75. Do Pass. HB 76. Do Pass. HB 93. Do Pass. HB 94. Do Pass. HB 109. Do Pass.
Respectfully Submitted, Hoke Smith of Fulton, 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 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 53. Do Pass. HB 70. Do Pass. HB 73. Do Pass.
HB 77. Do Pass.
HB 81. Do Pass.
HB 83. Do Pass.
HB 86. Do Pass.
HB 88. Do Pass.
HB 92. Do Pass.
Respectfully Submitted,
Hawkins of Screven,
Chairman.
By unanimous consent, the following Bills of the House, favorably reported were read the second time:
TUESDAY, JANUARY 17, 1956
203
HB 48. By Mr. Chambers of Richmond:
A Bill to be entitled an Act to provide for the service of subpoenas, subpoenas duces tecum, and notices to produce by registered mail, as an alternative to existing methods of service; and for other purposes.
HB 53. By Mr. Bentley of Cobb:
A Bill to be entitled an Act to provide that in all civil cases where the life expectancy of a person shall be an issue, the American Experi ence Mortality Tables shall be admissable as evidence of the life expectancy of such person; and for other purposes.
HB 59. By Messrs. Strickland of Toombs, Scoggin of Floyd, McKenna of Bibb, Been of Bacon, Jackson of Jones:
A Bill to be entitled an Act to amend an Act relating to arrests so as to require the arresting officer who arrests a person under a warrant to bring the accused before the person authorized to examine, commit or receive bail within 72 hours; and for other purposes.
HB 65. By Messrs. Scoggin, Wright and Hall of Ployd, Mauldin of Gordon, Fowler of Douglas, Floyd and Weems of Chattooga, Gross of Dade, Cornelius and McKelvey of Polk:
A Bill to be entitled an Act to amend an Act creating the State Board of Pardons and Paroles, so as to create an advisory staff as a division thereof; and for other purposes.
HB 70. By Messrs. Sognier, Cheatham and Eyler of Chatham:
A Bill to be entitled an Act to amend the Juvenile Court Act, in coun ties having a population of 50,000 or more but less than 150,000, and for other purposes.
HB 72. By Messrs. Sognier, Cheatham and Eyler of Chatham:
A Bill to be entitled an Act to amend an Act relating to the appoint ment of Probation officers, volunteers and assistants; and for other purposes.
HB 73. By Messrs. Sognier, Cheatham and Eyler of Chatham:
A Bill to be entitled an Act to add one additional judge of the Superior Court for the Eastern Judicial Circuit of Georgia; and for other pur poses.
HB 74. By Mr. Lindsey of Spalding:
A Bill to be entitled an Act to amend an Act relating to powers, duties and responsibilities of guardians so as to provide that guardians may purchase both improved and unimproved real estate; and for other purposes.
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HB 75. By Messrs. McKenna, Carlisle and Groover of Bibb:
A Bill to be entitled an Act to amend an Act entitled An Act to re-enact the charter of the City of Macon, and for other purposes.
HB 76. By Messrs. McKenna, Carlisle and Groover of Bibb:
A Bill to be entitled an Act to amend an Act entitled "An Act to re-enact the charter of the City of Macon, and for other purposes.
HB 77. By Mr. Hawkins of Screven:
A Bill to be entitled an Act to prohibit contributions to political cam paigns by corporations; to prohibit contributions to political cam paigns by State employees; to limit contributions of individuals to can didates or political campaigns to $500.00, and for other purposes.
HB 81. By Messrs. Chambers and Sanders of Richmond:
A Bill to be entitled an Act to amend an Act relating to traverse jurors generally, and which will provide for the placing of jurors in the jury box in panels of twelve each, in civil and criminal cases, so as to facili tate their examination by counsel, and for other purposes.
HB 82. By Mr. Sanders of Richmond:
A Bill to be entitled an Act to amend an Act relating to the recording of conditional bills of sale, so as to provide that the effect of the failure to record conditional bills of sale within or after thirty days from their date shall be the same as is the effect of the failure to record a deed of bargain and sale; and for other purposes.
HB 83. By Messrs. Sanders and Chambers of Richmond, and Fowler of Tift:
A Bill to be entitled an Act to amend an Act so as to provide for the trial of civil cases anytime after appearance day by consent, and for other purposes.
HB 86. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A Bill to be entitled an Act to add two additional judges of the Supe rior Court for the Atlanta Judicial Circuit, and for other purposes.
HB 87. By Messrs. Sanders and Chambers of Richmond and Freeman of Monroe:
A Bill to be entitled an Act to amend an Act known as the "Juvenile Court Act", so as to provide that it shall be unlawful for any juvenile court judge to act as an attorney in any manner or in any matter which is, has been or may be within the jurisdiction of his own court; and for other purposes.
HB 88. By Messrs. Sanders and Chambers of Richmond and Hawkins of Screven:
A Bill to be entitled an Act to amend an Act relating to the prisoner's
TUESDAY, JANUARY 17, 1956
205
statement in criminal trials, so as to provide that the defendant in criminal trials may submit himself to cross-examination under oath if he so elects; 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 abolishing the fee system in the Superior Court of the Atlanta Judicial Circuit as applied to the office of the Solicitor-General of said circuit; by creating the positions of trial assistant solicitors-general, and for other purposes.
HB 93. 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 provide that the voting age for voters in city elections shall be 18 years; and for other purposes.
HB 94. By Messrs. Watson and Denson of Dougherty:
A Bill to be entitled an Act to amend an Act relating to the limitation on the right of taxation by municipal corporations, so as to provide that the City of Albany shall not be affected by the provisions of this Sec tion, and for other purposes.
HB 98. By Mr. Blackburn of Habersham:
A Bill to be entitled an Act to repeal an Act creating a new charter for the City of Clarkesville; to provide a new charter for said City and for other purposes.
HB 109. By Mr. Ayers of Madison:
A Bill to be entitled an Act to amend an Act creating a new city charter for the City of Colbert, 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 2. By Senator Overby of the 33rd:
A Bill to be entitled an Act to provide that it shall be a misdemeanor for any person to enter upon any state-owned or operated property where such property has been closed to the public on executive order of the Governor, and for other purposes.
Referred to the Committee on State of Republic.
SB 5. By Senator Overby of the 33rd:
A Bill to be entitled an Act to authorize the State or any county, municipal corporation or other political subdivision thereof to sell, lease, grant, exchange or otherwise dispose of any property or interest therein comprising parks, playgrounds, golf courses, swimming pools, or other property which has been dedicated to a public use for any purpose, or which has been dedicated to such a use by any private
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person or corporation and later acquired by the State, etc., and for other purposes.
Eeferred to the Committee on State of Republic.
SB 6. By Senator Overby of the 33rd:
A Bill to be entitled an Act to amend an Act creating the Teacher Retirement System, by providing for the admission of teachers in pri vately operated nonsectarian schools to said system; and for other purposes.
Referred to the Committee on State of Republic.
SB 8. By Senator Overby of the 33rd:
A Bill to be entitled an Act to prohibit operation of any private school without a certificate from State Fire Marshal that buildings do not constitute fire hazards; and for other purposes.
Referred to the Committee on State of Republic.
SB 9. By Senator Overby of the 33rd:
A Bill to be entitled an Act to amend an Act creating the Department of Commerce, so as to provide for the compensation of the Secretary of the Board of Commissioners of the Department of Commerce, and to create the office of Assistant Secretary; and for other purposes.
Referred to the Committee on State of Republic.
SR 9. By Senators Dykes of the 14th and Chance of the 51st:
A Resolution designated a certain bridge as the "James L. Gillis, Sr. Bridge"; and for other purposes.
Referred to the Committee on Historical Research.
Mr. Groover of Bibb asked unanimous consent that the following Bill of the House be withdrawn from the Committee on Motor Vehicles, read the second time and recommitted:
HB 114. By Messrs. Blalock of Clayton and Rutland of DeKalb:
A Bill to be entitled an Act to establish a tolerance or increase of 13% on certain sizes, weights, and loads of motor vehicles; and for other purposes.
The unanimous consent request was granted, and the Bill was read the second time and recommitted.
Mr. Groover of Bibb asked unanimous consent that the following Bill of the House be recommitted to the Committee on State of Republic:
HB 7. By Mr. Hendrix of Long: A Bill to be entitled an Act to limit the amount of chemical solution,
TUESDAY, JANUARY 17, 1956
207
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 the fish therein or to endanger the health of persons using water therefrom or residing along such stream,
and for other purposes.
The unanimous consent request was granted and the bill was recommitted to the Committee on State of Republic.
The following Resolution of the House was read and adopted:
HR 51. By Mr. Bentley of Cobb:
A Resolution to censure the Attorney General of the United States, Herbert Brownell, and the Federal Bureau of Investigation, for their flagrant invasion into the affairs of Cobb County and the State of Georgia; 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 8. By Messrs. Hall of Floyd and Bodenhamer of Tift:
A Bill to be entitled an Act to amend an Act known as the Teachers 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.
The following amendment was read and adopted:
Mr. Hall of Floyd moved to amend HB 8 by striking Section 2 in its entirety.
The amendment was adopted.
The previous question was ordered.
The main question was ordered.
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.
HB 9. 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
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Teacher Retirement System shall be entitled to receive credit for prior teaching service in other states or independent school systems; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the Committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 122, nays 0.
The Bill having received the requisite constitutional majority, was passed.
HB 11. By Messrs. Kilgore and Kelly of Gwinnett, Alien of Bulloch, and others:
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, so as to repeal the provision providing for a fee to be transmitted with each certified copy of the birth certificate to the State Department of Public Health, and for other purposes.
The report of the Committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 106, nays 0.
The Bill having received the requisite constitutional majority, was passed.
HB 10. By Mr. Roughton of Washington:
A Bill to be entitled an Act to amend an Act relating to Barbers and Beauticians; and for other purposes.
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.:
Bagby Barber of Jackson Baughman Bentley Birdsong Blalock
Bolton Brannen
Caldwell Callier Carlisle Cason Chastain Clary
Cloud Cocke
Cotton Coxwell Deal Dean of Rockdale Deen of Bacon Denson
Duke Edenfield
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209
English Floyd Fordham Foster Gillis Green of Kabun Greene of Crisp Groover
Gross of Dade Hall Hardaway Harrell Harrison of Jeff Davis Hawkins Holley Hudson Hurst Ivey
Jessup Johnson of Jenkins
Jones of Laurens Kennedy of Turner Key Killingsworth King of Pike
Lam Land Larkins Lavender Lindsey Lokey Long
Mackay Mallory Mashburn Mathis of Lowndes McKenna McWhorter Mincy Mobley Murphey of Crawford Nilan Pelham Phillips of Columbia Pickard Ramsey Reed Register Rodgers Roughton
Rutland Sanders Scoggin Sheffield Short
Hoke Smith of Fulton Souter Stewart Strickland Tarpley Turk Twitty Underwood of
Montgomery Veal Watson Weems Wheeler Willingham Wilson of Towns Wilson of Peach Wright Young
Those voting in the negative were Messrs.:
Adams Alien
Ayers Barker Black Blackburn Bloodworth Campbell Chambers Cheatham Cheek Coker of Walker Cornelius Dozier Elder Eyler Fain Flynt Fowler of Douglas Freeman Garrard Gilleland Grimsley
Gross of Stephens Gunter Hayes Henderson Hodges Huddleston Jackson Johnson of Gilmer Jones of Worth Jones of Sumter Kellay
Kennedy of Tattnall Kilgore King of Whitfield Kitchens Lanier Love Martin McGarity McKelvey Moore Moorman Murphy of Haralson
Murr Musgrove Palmer Peacock Phillips of Walton Potts Raulgrson Ray Ruark Singer Sivell Sognier Stephens of Clarke Stevens of Marion Stripling Tamplin Tanner Todd Truelove Williams Wooten
By unanimous consent, the verification of the roll call was dispensed with.
On the passage of the Bill, the ayes were 96, nays 67.
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The Bill having failed to receive the requisite constitutional majority, was lost.
Mr. Baughman of Early arose to a Point of Personal Privilege and addressed the House.
The Speaker presented to the House, Associate Justice Carlton Mobley of the Georgia Supreme Court, "who, presented to the House, Honorable and Mrs. Kenneth Wells.
Honorable Kenneth Wells, President of Freedom's Foundation of Valley Forge, briefly addressed the members of the House.
Leaves of absences were granted to Mr. Watson of Dougherty for Wednes day, January 18, Mr. Palmer of Mitchell for January 18, Mr. Stripling of Coweta for January 18th and 19th and Mr. Stewart of Ben Hill for January 19th and 20th.
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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211
Representative Hall, Atlanta, Georgia. Wednesday, January 18, 1956.
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, Reverend Comer H. McKnight, George town First Baptist Church, Georgetown, Georgia.
By unanimous consent, the call of the roll was dispensed with.
Mr. Roughton of Washington, gave notice, that at the proper time he would move that the House reconsider its action in failing to pass HB 10.
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.
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 of the Senate to wit:
SB 1. By Senator Overby of the 33rd:
A Bill to provide for closing the public schools in any county, city or independent school system; to provide for grants for educational purposes to the children of school age in any such county, city or independent school system; to define the powers of the Governor hereunder; and for other purposes.
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SB 3. By Senator Overby of the 33rd:
A Bill to provide for the leasing of school property of any county, city or independent school system for private educational purposes; and for other purposes.
SB 7. By Senator Overby of the 33rd:
A Bill to amend the Act approved February 11, 1955 (Georgia Laws 1955, p. 174) prohibiting the expenditure of public funds for the operation of public schools under the circumstances therein defined, be amending Section 3 of said Act relating to violations thereof, so as to authorize actions to enjoin any violation or threatened violation of said Act; and for other purposes.
SB 4. By Senator Overby of the 33rd:
A Bill to amend the Act creating State School Building Authority, (Ga. Laws 1951, p. 241), so as to authorize the subleasing of any structure, building or facility of the authority for private educational purposes; and for other purposes.
Mr. Speaker:
The Senate has adopted the following Resolutions of the House to wit:
HR 43. By Messrs. Chambers and Sanders of Richmond and Houston of Whitfield :
A Resolution to set aside one room in the State Capitol, as a Chapel; and for other purposes.
HR 44. By Messrs. Bentley of Cobb, Deen of Bacon, Duke of Baldwin and Killian of Glynn:
A Resolution commending the National Junior Chamber of Commerce and designating National Junior Chamber of Commerce week; and for other purposes.
By unanimous consent, the following Bills and Resolutions of the House, were read the first time and referred to the Committees:
HB 132. By Messrs. Smith of Fulton and Ivey of Newton:
A Bill to be entitled an Act to amend an Act relative to damages and compensation both being recoverable and subrogation, so as to provide for subrogation by the party called upon to pay compensation in cer tain circumstances and to provide a procedure therefor; and for other purposes.
Referred to the Committee on Industrial Relations.
HB 133. By Mr. Dean of Rockdale:
A Bill to be entitled an Act to provide for taxation of homesteaded residential lots lying within the limits of two or more school districts, and for other purposes.
Referred to the Committee on Special Judiciary.
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213
HB 134. By Messrs. Bodenhamer and Fowler of Tift:
A Bill to be entitled an Act to prohibit the advertisement of spirituous liquors or distilled spirits; and for other purposes.
Referred to the Committee on Temperance.
Mr. Fowler of Tift moved that HB 134 be engrossed.
On the motion to engross, the ayes were 104, nays 0.
The motion to engross prevailed and the Bill was ordered engrossed.
HB 135. By Messrs. Bodenhamer and Fowler of Tift:
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. Fowler of Tift moved that HB 135 be engrossed.
On the motion to engross, the ayes were 94, nays 12.
The motion to engross prevailed and the Bill was ordered engrossed.
HB 136. By Mr. Bodenhamer of Tift:
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.
HB 137. By Messrs. Potts and Stripling of Coweta:
A Bill to be entitled an Act to prohibit the solicitation of votes by any means or method for any person or proposition on any election day within a specified distance of any voting place; and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 138. By Messrs. Killian and Nightingale of Glynn and Veal of Putnam:
A Bill to be entitled an Act to amend an Act relating to divorce; so as to remove the provision in the form of the judgment and decree of alimony relating to the right of the parties to remarry; and for other purposes.
Referred to the Committee on General Judiciary #1.
HB 139. By Mr. Jordan of Wheeler:
A Bill to be entitled an Act to provide for the revocation of the charter
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of any municipality which does not maintain segregation in any facili ties of such municipality which are open to the public; and for other purposes.
Referred to the Committee on State of Republic.
HB 140. By Messrs. Jones of Laurens and Strickland of Toombs:
A Bill to be entitled an Act to amend an Act relating to Motor Vehicle licenses; so that the license fee for busses owned and operated exclu sively by churches and religious organizations shall be $2.50 per annum; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 141. By Messrs. Duke and Massee of Baldwin and Jackson of Jones:
A Bill to be entitled an Act to amend an Act relating to the restora tion to sanity of insane persons; relating to lunacy trials of persons at Milledgeville State Hospital, and for other purposes.
Referred to the Committee on Georgia State Sanitarium.
HB 142. By Messrs. Duke and Massee of Baldwin and Jackson of Jones:
A Bill to be entitled an Act to amend an Act relating to a commission to examine persons for whom guardianship is sought or committal to the Milledgeville State Hospital is sought, aad for other purposes.
Referred to the Committee on Georgia State Sanitarium.
HB 143. By Messrs. Holley, Chambers and Sanders 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 tion of not less than 100,000 inhabitants nor more than 110,000 inhabi tants, the Sheriff, the ordinary, the tax collector, etc., and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 144. By Messrs. McKenna, Groover and Carlisle of Bibb:
A Bill to be entitled an Act to amend an Act entitled An Act to re-enact the charter of the City of Macon, and for other purposes.
Referred to the Committee on Municipal Government.
HB 145. By Messrs. Mobley and Gates of Burke, McGarity of Henry and Barber of Colquitt:
A Bill to be entitled an Act to amend an Act known as the Georgia State Warehouse Act, so as to provide a change in the bond require ment, and for other purposes.
Referred to the Committee on General Agriculture #1.
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215
HB 146. By Messrs. Moate of Hancock, Sheffield of Brooks, Pelham of Sehley, Souter of Macon, Sivell of Harris, Baughman of Early and others:
A Bill to be entitled an Act to provide that before any person, firm, corporation or association shall burn any woods, lands, marshes or other inflammable or combustible materials, notice of the times and place must be given to the County Forest Ranger, and for other purposes.
Referred to the Committee on Conservation.
HB 147. By Messrs. Moate of Hancock, Sheffield of Brooks, Pelham of Sehley, Souter of Macon, Sivell of Harris, Baughman of Early and others:
A Bill to be entitled an Act to amend an Act comprehensively revising and superseding the laws relating to the Georgia Forestry Commission, and for other purposes.
Referred to the Committee on Conservation.
HB 148. By Messrs. Moate of Hancock, Sheffield of Brooks, Pelham of Sehley, Souter of Macon, Sivell of Harris, Baughman of Early and others:
A Bill to be entitled an Act to define the various penal offenses relat ing to the firing of woods, lands, marshes, grass timber and other lands in this State; to prohibit the setting of fires on lands and others, and for other purposes.
Referred to the Committee on Conservation.
HB 149. By Messrs. Mobley and Gates of Burke, McGarity of Henry and Barber of Colquitt:
A Bill to be entitled an Act to amend an Act entitled An Act to pro vide for certified public weighers, and for other purposes.
Referred to the Committee on General Agriculture #2.
HB 150. By Messrs. McKenna, Carlisle and Groover of Bibb.
A Bill to be entitled an Act to amend an Act entitled An Act to re-enact the charter of the City of Macon, and for other purposes.
Referred to the Committee on Municipal Government.
HB 151. By Messrs. Carlisle, Groover and McKenna of Bibb:
A Bill to be entitled an Act to vest title in the City of Macon, its suc cessors and assigns, to a certain portion of Pine Street in Square 74, located in said City, and for other purposes.
Referred to the Committee on Municipal Government.
HB 152. By Messrs. Duke and Massee of Baldwin:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Milledgeville; so as to change the corporate limits of the City of Milledgeville, and for other purposes.
Referred to the Committee on Municipal Government.
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JOURNAL OF THE HOUSE,
HB 153. By Messrs. Duke and Massee of Baldwin:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Milledgeville, so as to change the corporate limits of the City of Milledgeville, and for other purposes
Referred to the Committee on Municipal Government.
HB 154. By Messrs. Duke and Massee of Baldwin:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Milledgeville; so as to change the corporate limits of the City of Milledgeville; and for other purposes.
Referred to the Committee on Municipal Government.
HB 155. By Mr. Jones of Laurens:
A Bill to be entitled an Act to amend an Act creating the City Court of Dublin; and for other purposes.
Referred to the Committee on Municipal Government.
HB 156. By Messrs. Duke and Massee of Baldwin:
A Bill to be entitled an Act to authorize the governing authority of the City of Milledgeville to provide for zoning and planning; to authorize joint operation with Baldwin County; and for other purposes.
Referred to the Committee on Municipal Government.
HB 157. By Mr. Jones of Laurens:
A Bill to be entitled an Act to amend an Act incorporating the Town of East Dublin, so as to provide that the mayor and council may place a proper valuation on property that is not returned for taxation; and for other purposes.
Referred to the Committee on Municipal Government.
HB 158. By Messrs. Duke and Massee of Baldwin:
A Bill to be entitled an Act to authorize the governing authority of Baldwin County to provide for zoning and planning; to authorize joint operation with the City of Milledgeville; and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 159. By Mr. Moate of Hancock:
A Bill to be entitled an Act to consolidate the office of Tax Receiver and Tax Collector of Hancock County into the office of Tax Commis sioner of Hancock County, and for other purposes.
Referred to the Committee on Counties and County Matters.
WEDNESDAY, JANUARY 18, 1956
217
HB 160. By Mr. Birdsong and Lam of Troup: A Bill to be entitled an Act to amend an Act entitled An Act to create a new charter for the City of West Point, and for other purposes.
Referred to the Committee on Municipal Government.
HB 161. By Mr. Smith of Emanuel: A Bill to be entitled an Act to amend an Act providing for annuities and benefits for Peace Officers, and for other purposes.
Referred to the Committee on State of Republic.
HB 162. 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, so as to annex territory to the corporate limits, and for other purposes.
Referred to the Committee on Municipal Government.
HB 163. By Mr. Ramsey of Effingham: A Bill to be entitled an Act to amend an Act incorporating the Town of Rincon, in the County of Effingham; and for other purposes.
Referred to the Committee on Municipal Government
HR 52-163a. By Messrs. Matthews and Stephens of Clarke:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the Ordinary of Clarke County; and for other purposes.
Referred to the Committee on Public Library.
HR 53-163b. By Mr. Fowler of Douglas:
A Resolution authorizing and directing the State Librarian to furnish certain law books to Douglas County; and for other purposes.
Referred to the Committee on Public Library.
HR 54-163c. By Messrs. Bolton and Lindsey of Spalding:
A Resolution compensating A. C. Bennett and Mamie Bennett; and for other purposes.
Referred to the Committee on Special Appropriations.
HR 55-163d. By Mr. Jones of Laurens:
A Resolution to compensate E. A. Windham of Glenwood, Georgia for loss of his property, and for other purposes.
Referred to the Committee on Special Appropriations.
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HE 56-163e. By Messrs. Gunter and Williams of Hall: A Resolution to compensate Ralph Cleveland; and for other purposes.
Referred to the Committee on Special Appropriations.
HR 57-163f. By Messrs. Killian and Nightingale of Glynn:
A Resolution to designate a portion of State Route #32 as the Harrell Highway, and other purposes.
Referred to the Committee on Historical Research.
HR 58-163g. By Mr. Underwood of Bartow:
A Resolution to compensate Leon Lewis for damages to his farm machinery; and for other purposes.
Referred to the Committee on Special Appropriations.
HR 59-163h. By Messrs. Nightingale and Killian of Glynn:
A Resolution proposing an amendment to the Constitution to provide that the Homestead Exemption shall not apply to taxes which are assessed and collected by the taxing authorities of Glynn County for the support and maintenance of education as recommended by the Glynn County Board of Education, and for other purposes.
Referred to the Committee on Amendments to Constitution #2.
HR 60-163i. By Messrs. Duke and Massee of Baldwin:
A Resolution to authorize the Governor on behalf of the State, to negotiate and sell a tract of State land; and for other purposes.
Referred to the Committee on Public Property.
HB 164. By Mr. Bodenhamer of Tift:
A Bill to be entitled an Act to amend an Act known as the Georgia Retailers' and Consumers' Sales anud Use Tax Act; so as to provide for a clarification of the original intent of the General Assembly that the sales and use tax shall not apply to sales of the Holy Bible wherever sold or to religious books or periodicals essential to the various forms of worship in Georgia, etc., and for other purposes.
Referred to the Committee on Ways and Means.
HB 165. By Messrs. Duncan and Perkins of Carroll:
A Bill to be entitled an Act to amend the Charter of the City of Villa Rica, by extending the City limits, and for other purposes.
Referred to the Committee on Municipal Government.
HB 166. By Messrs. Duncan and Perkins of Carroll: A Bill to be entitled an Act to surrender the Charter of the Town of
WEDNESDAY, JANUARY 18, 1956
219
Fullerville, Incorporated, in the County of Carroll, and for other purposes.
Referred to the Committee on Municipal Government.
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 recommendations:
HB 17. Do Pass, as amended.
Respectfully submitted,
Cornelius of Polk,
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 has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 91. Do Pass.
HB 104. Do Pass.
Respectfully submitted,
Mauldin of Gordon,
Chairman.
Mr. Mashburn of Porsyth 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 47. Do Pass.
HB 121. Do Pass.
Respectfully submitted,
Mashburn of Porsyth,
Chairman.
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JOURNAL OF THE HOUSE,
Mr. Jones of Lumpkin County, Chairman of the Committee on Motor Vehicles, submitted the following report: Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 117. Do Pass. HB 116. Do Not Pass. HB 78. Do Pass, as amended.
Respectfully submitted, Jones of Lumpkin, 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 30-96c. 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 49-130a. Do Pass.
Respectfully submitted,
Ramsey of Effingham,
Chairman.
Mr. Sheffield of Brooks County, Vice-Chairman of the Committee on State of Republic, submitted the following report:
Mr. Speaker:
Your Committee on State of Republic has had under consideration the follow-
WEDNESDAY, JANUARY 18, 1956
221
ing Bills of the House and has instructed me as Vice-Chairman, to report the same back to the House with the following recommendations:
HB 111. Do Pass. HB 127. Do Pass. HB 128. Do Pass.
Respectfully submitted, Sheffield of Brooks, Vice-Chairman.
By unanimous consent, the following Bills and Resolutions of the House, favorably reported, were read the second time:
HB 47. By Messrs. Peters of Meriwether, Mashburn of Forsyth and Coker of Cherokee:
A Bill to be entitled an Act to amend an Act known as the Uniform Narcotic Drug Act, so as to provide for oral prescriptions for certain narcotic drugs, compounds thereof and derivatives thereof, under certain conditions; and for other purposes.
HB 78. By Messrs. Watson and Denson of Dougherty, H. Smith, M. M. Smith and Lokey of Fulton, and Gunter of Hall:
A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on the Highways", so as to provide for an annual inspection of motor vehicles; and for other purposes.
HB 91. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to amend an Act regulating the marketing of eggs, so as to change the weight and size classification of eggs, and for other purposes.
HB 104. By Messrs. Potts of Coweta, Stephens and Matthews of Clarke:
A Bill to be entitled an Act declaring the intent of the General Assembly to establish as a policy of the State a method for protection of the public against false claims in the guarantee of high quality seeds and plants for various agricultural pursuits; and for other purposes.
HB 111. By Messrs. Moate of Hancock and Groover of Bibb:
A Bill to be entitled an Act to prohibit members of boards, bureaus, commissions, committees and other State agencies and authorities, under certain conditions, from selling goods or services to the State and such agencies and authorities on which they serve, and for other purposes.
HB 117. By Mr. Denmark of Liberty:
A Bill to be entitled an Act to provide that Hydraulic brake fluid shall be manufactured, processed, distributed, and serviced with due regard
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for the safety of occupants of vehicle and general public; and for other purposes.
HB 121. By Messrs. Moate of Hancock, Mincy of Ware, Larkins of Brantley, Harrison of Wayne, Odom of Camden, Jones of Lumpkin and many others:
A Bill to be entitled an Act to repeal an Act creating the Georgia Board of Naturopathic Examiners, and for other purposes.
HB 127. By Messrs. Moate of Hancock, Willingham of Cobb and Groover of Bibb:
A Bill to be entitled an Act to amend an Act and known as the Voca tional Rehabilitation Act, so as to provide for subrogation by the State Board of Vocational Education; and for other purposes.
HB 128. By Messrs. Moate of Hancock, Willingham of Cobb and Groover of Bibb:
A Bill to be entitled an Act to authorize the operation of vending stands in State Buildings by blind or otherwise seriously disabled persons; and for other purposes.
HR 30-96c. By Mr. Dean of Rockdale:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the county Commissioner of Rockdale County for the use of the Judge of Superior Court of Rockdale County, and for other purposes.
HR 49-130a. By Mr. Fain of Franklin:
A Resolution authorizing and directing the State Librarian to furnish law books to the Clerk of the Superior Court of Franklin County; and for other purposes.
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 32. By Mr. Garrard of Wilkes:
A Bill to be entitled an Act to grant a new charter to the town of Tignall, Georgia.
Mr. Garrard of Wilkes offered the following amendment:
(1)
By adding in the second paragraph of Section 47 of said Bill after the word "therewith" the following:
"except property of an existing public utility company," so that paragraph 2 of Section 47 will read as follows:
"Be it further enacted that said mayor and council acting in the name of and on behalf of the Town of Tignall, Georgia, shall have the full right and power to condemn any land, premises, rights of way, ease ments or appurtenances connected therewith except property of an ex-
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223
isting public utility company, whether within or without the corporate limits of said municipality, upon paying property compensation there for, for the purpose of establishing and maintaining an electric light or power plant, gas plant, water works system, sewerage or drainage system, incinerator or sewerage disposal system, together with the neces sary streams, wells, ponds, lakes or dams, with right of way for pipes, mains, sewers, drains, poles or lines, incident to the necessary operation of the same, or for the purpose of maintaining, extending, enlarging and improvement of any present system of the kind named, and for either or all of them and for all purposes."
(2)
By adding in paragraph 1 of Section 48 after the word "domain" the words "except property of an existing public utility company" so that said paragraph 1 will read as follows:
"Be it further enacted by authority of the same that the mayor and council acting for and on behalf of the Town of Tignall, Georgia, shall have full power and authority to maintain, equip, repair, extend, enlarge and improve in any way, any present system of gas, waterworks, sewer age and any electric light and power plants, for the purpose of furnish ing and supplying the inhabitants of said municipality and those re siding outside the corporate limits, and consumers generally, with water, sewerage facilities, light, power and gas, either or all of them; and to effect this end and purpose the said mayor and council shall have the right to contract with any person, firm or corporation for the purchase, lease, or grant of land, premises or easements to be used in connection therewith, whether located within or without the corporate limits of the municipality, and if necessary to obtain the same by the power of eminent domain except property of an existing public utility company as set out in this Act."
(3)
By adding in paragraph 4 of Section 48 after the word "out" the words "except that condemnation rights shall not apply to the property of an existing public utility company", so that said paragraph 4 shall read as follows:
"The mayor and council of the Town of Tignall, Georgia shall have the full right and authority in the name of the municipality to erect, acquire, establish and maintain a new system of waterworks, sewerage facilities, electric light and power plants, or gas plants, whenever it shall be necessary for the growth of the municipality and for the comfort and convenience of its inhabitants and consumers, and in order to do so they may acquire any land, easement or other privilege or property, either within or without the corporate limits of the municipality, by purchase, lease, contract or by condemnation as herein set out except that condemnation rights shall not apply to the property of an existing public utility company, and for the necessary operation and equipment of said system or systems, plant or plants, may erect, lease or rent buildings and machinery and other equipment; repair, extend, enlarge and improve the same, and enter into such other contracts as may be necessary to effectuate such purposes."
The amendment was adopted.
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The report of the Committee which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 103, nays 0.
The Bill having received the requisite constitutional majority, was passed, as amended.
HB 75. 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.
The report 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 76. By Messrs. McKenna, Carlisle and Groover of Bibb:
A Bill to be entitled an Act to amend an Act entitled An Act to re-enact the charter of the City of Macon, and for other purposes.
The report 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 92. By Messrs. Lokey, M. M. Smith and Hoke 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; and for other purposes.
The report 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 93. 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.
WEDNESDAY, JANUARY 18, 1956
225
On the passage of the bill, the ayes were 107, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 94. By Messrs. Watson and Denson of Dougherty:
A Bill to amend Code Section 92-4101, as amended, relating to the limitation on the right of taxation by municipal 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 108, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 98. By Mr. Blackburn of Habersham:
A Bill to be entitled an Act to repeal an Act creating a new charter for the City of Clarkesville; and for other purposes.
The report of the Committee which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 109. By Mr. Ayers of Madison:
A Bill to be entitled an Act to amend an Act creating a new city charter for the City of Colbert; and for other purposes.
The report 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 of the Senate were read the first time and referred to the Committees:
SB 1. By Senator Overby of the 33rd:
A Bill to be entitled an Act to provide for closing of public schools in any county, city or independent school system; to provide for grants for educational purposes to children of school age in such county, city or independent school system; and for other purposes.
Referred to the Committee on State of Republic.
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JOURNAL OF THE HOUSE,
SB 3. By Senator Overby of the 33rd:
A Bill to be entitled an Act to provide for the leasing of school property of any county, city or independent school system for private educational purposes.
Referred to the committee on State of Republic.
SB 4. By Senator Overby of the 33rd:
A Bill to be entitled an Act to amend an Act creating the State School Building Authority; so as to authorize the subleasing of any structure, building or facility of the authority for private educational purposes, and for other purposes.
Referred to the Committee on State of Republic.
SB 7. By Senator Overby of the 33rd:
A Bill to be entitled an Act to amend an Act prohibiting the expenditure of public funds for the operation of public schools under the circum stances therein defined, and for other purposes.
Referred to the Committee on State of Republic.
Mr. Roughton of Washington moved that the House reconsider its action in failing to pass the following Bill of the House:
HE 10. By Mr. Roughton of Washington:
A Bill to be entitled an Act to amend an Act relating to Barbers and Beauticians; and for other purposes.
The motion to reconsider prevailed.
Under the regular order of business, the following bill of the House was taken up for consideration and read the third time:
HB 65. By Messrs. Scoggin, Wright and Hall of Floyd, Mauldin of Gordon, and Fowler of Douglas:
A Bill to be entitled an Act to amend an Act creating the State Board of Pardons and Paroles, so as to create an advisory staff as a division thereof; and for other purposes.
The previous question was ordered. The main question was ordered.
The report of the Committee which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
WEDNESDAY, JANUARY 18, 1956
227
The following Committee Report was received, read, and adopted:
REPORT TO THE HOUSE OF REPRESENTATIVES BY THE COMMITTEE OF THREE MEMBERS OF THE HOUSE, APPOINT ED BY THE SPEAKER IN PURSUANCE OF HR 46, AS AMENDED, ADOPTED FEBRUARY 11, 1955.
Mr. Speaker:
Your Committee was appointed to study and investigate the feasi bility of constructing a press gallery or balcony and to make recom mendations relative to other methods of alleviating confusion in the House Chamber and of providing adequate space and facilities for the Press and for Members of the House, in pursuance of H.R. 46, adopted as amended by the House of Representatives on February 11, 1955, and now submits the following report:
The Judicial Building is nearing completion and about the Spring of 1956 it is expected that the Supreme Court and Court of Appeals Judges, their assistants, and Officers of the Courts, and the Law Li brary, all will remove to that new building, making newly available for the General Assembly, all of the third floor of the Capitol not already used by the General Assembly.
When that space in the Capitol shall be made available, the space now used by the Clerk of the House can be rearranged so as to make available within the House Chamber, space under the rear balcony now included in the Clerk's Office. That space can well be assigned to and utilized by the Press, at little cost, particularly if the construction work shall be done at the same time other renovations are undertaken on the third floor of the Capitol.
In that space for the Press, a loud speaker can be installed for $25 and if more than one be required, more can be installed at comparable expense. The flooring of that space can be elevated and an attractive, convenient, and comfortable "press gallery" or balcony established there for approximately $3,000.
The Houses of the United States Congress have long used press galleries.
Your Committee now recommends:
1. That a House "Press Gallery" be established in the space above indicated after the Courts and Law Library have vacated the Capitol Building; and
2. That the House and Senate by Joint Resolution provide for a joint committee to consider and plan the utilization of the third floor of the Capitol Building by the General Assembly for the most con venient and efficient use of the third floor for legislative purposes.
Respectfully submitted,
Houston of Whitfield Carlisle of Bibb, Chmn. King of Chattahoochee
Under the regular order of business, the following Bills of the House were taken up for consideration and read the third time:
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JOURNAL OF THE HOUSE,
HB 59. By Messrs. Strickland of Toombs, Scoggin of Floyd, McKenna of Bibb, Been of Bacon, and Jackson of Jones:
A Bill to be entitled an Act to amend Code Chapter 27-2 relating to arrests so as to require the arresting officer who arrests a person under a warrant to bring the accused before the person authorized to examine; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the Committee which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 111, nays 4.
The Bill, having received the requisite constitutional majority, was passed.
HB 12. 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 membership in any organization of any relative of such person; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the Committee which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 88. By Messrs. Sanders and Chambers of Richmond, and Hawkins of Screven:
A Bill to be entitled an Act to amend an Act relating to the prisoner's statement in criminal trials, so as to provide that the defendant in criminal trials may submit himself to cross-examination under oath if he so elects; and for other purposes.
Mr. Smith of Emanuel moved that HB 88 be tabled and the motion to table prevailed.
HB 17. By Mr. Sanders of Richmond:
A Bill to be entitled an Act to amend an Act entitled, "An Act author izing the chartering and empowering of corporations, and amending, revising and perfecting the present corporation laws of the State"; and for other purposes.
WEDNESDAY, JANUARY 18, 1956
229
Mr. Odom of Camden moved that further consideration of HB 17 be post poned indefinitely.
On the motion to postpone indefinitely, the ayes were 84, nays 35.
The motion to postpone indefinitely prevailed.
HB 53. By Mr. Bentley of Cobb: A Bill to be entitled an Act to provide that in all civil cases where the life expectancy of a person shall be an issue, the American Experience Mortality Tables shall be admissible as evidence of the life expectancy of such persons; and for other purposes.
The previous question was ordered. The main question was ordered. The report of the Committee which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 119, nays 1. The Bill, having received the requisite constitutional majority, was passed.
Mr. Groover of Bibb rose to a Point of Personal Privilege and addressed the House.
The following Resolution of the House was read and adopted:
HR 61. By Messrs. Moate of Hancock, Groover of Bibb, Sheffield of Brooks, Willingham of Cobb and Smith of Emanuel:
A RESOLUTION
WHEREAS, the Honorable Joe Burton, Assistant to the Secretary of State, is constantly and continually looking after the individual and collective needs of the members of the Genera! Assembly and assisting them in the performance of their duties and responsibilities to their people; and
WHEREAS, the said Joe Burton has rendered that service in an efficient manner and in so doing contributes to the efficiency of the operation of the General Assembly; and
WHEREAS, the Honorable Joe Burton is sick and unable to attend to these duties;
NOW, THEREFORE, BE IT RESOLVED by the House of Repre sentatives, the Senate concurring, that the General Assembly express its regret for his illness and absence;
BE IT FURTHER RESOLVED that the General Assembly express its hope that the Honorable Joe Burton will soon recover and be able to
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return to his duties, in order that the functions of this body may be more efficiently carried out through his valuable aid.
BE IT FURTHER RESOLVED that a copy of this resolution be sent by the Clerk of the House to the Honorable Joe Burton.
The following Resolution of the House was read and referred to the Com mittee on State of Republic:
HR 62. By Messrs. Sheffield of Brooks, Moate of Hancock, and Groover of Bibb:
A Resolution creating a committee for the purpose of discussing com mon problems with members of Legislatures from certain other States; and for other purposes.
The following Resolution of the House was read and adopted:
HR 63. By Mr. Fowler of Tift:
A Resolution expressing the sympathy of the House to Representative William F. Bodenhamer and family in the illness of his son; 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.
Leaves of absence were granted to Mr. Sanders of Richmond for Thursday and Friday, January 19th and 20th and Mr. Moorman of Lanier for Thursday, January 19, 1956.
The Speaker announced the House adjourned until 10:00 o'clock tomorrow morning.
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231
Representative Hall, Atlanta, Georgia. Thursday, January 19, 1956.
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 Alien Ayers Bagby Barber of Colquitt Barber of Jackson Barker Baughman Bentley Birdsong Black Blackburn Blalock Bloodworth Bodenhamer Bolton Brannen Caldwell Callier Carlisle Gates Chambers Chastain Cheatham Cheek Clary Cocke Coker of Cherokee Cornelius Cowart Coxwell Deal Dean of Rockdale Deen of Bacon Denmark Denson Dozier 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 Grosa of Dade Gunter Hall Hardaway Harrell Harrison of Jeff Davis Harrison of Wayne Hawkins Hayes Henderson Hodges 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 Killingsworth King of Whitfield King of Chattahoochee King of Pike Kitchens Lam Land Lanier Larkins 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 Murphey of Crawford Murphy of Haralson Murr Musgrove Nightingale Nilan Odom Palmer Parker Pelham Peters
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JOURNAL OF THE HOUSE,
Pettey Phillips of Columbia Phillips of Walton
Pickard Potts Ramsey Raulerson
Ray Reed
Register Rodgers Roughton Rowland Ruark Rutland Scoggin
Sheffield Short Sivell Smith of Evans Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton Souter Stevens of Marion Strickland Stripling Tamplin Tanner Terrell Todd Truelove
Turk Twitty Underwood of
Montgomery Upshaw Veal Watson Weems Williams Willingham Willis Wilson of Towns Woofcen Wright Young Mr. Speaker
Mr. Veal of Putnam, Acting Chairman of the Committee on Journals, re ported that the Journal of yesterday's proceedings had been read and found to be correct.
By unanimous consent, reading of the Journal was dispensed with.
The Journal was confirmed. The following Resolution of the House was read and adopted:
HR 72. By Mr. Groover of Bibb:
Be it resolved by the House, the Senate concurring that the House and Senate meet in Joint Session on Monday, January 23, 1956 at 11:45 o'clock for the purpose of hearing a budget message from his Excel lency, S. Marvin Griffin.
Be it further resolved that a Committee of Escort, three on part of the House, two on part of the Senate, be appointed by the Speaker and President to escort his Excellency to the House.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions under the Rules of the House.
2. First reading and reference of Bills and Resolutions.
3. Reports of Standing Committees.
4. Second reading of Bills and Resolutions, favorably reported.
5. Third reading and passage of local 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.
THURSDAY, JANUARY 19, 1956
233
By unanimous consent, the following Bills and Resolutions of the House, were read the first time and referred to the Committees:
HB 167. By Mr. Matthews of Clarke:
A Bill to be entitled an Act to provide for the examination and registra tion of persons engaged in the practice of massage, and massage schools; to provide that this Act shall be known as the "Massage Registration Act", and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HB 168. By Messrs. Lavender of Elbert, Matheson of Hart, Ayers of Madison, Fain of Franklin and Lowe of Oglethorpe:
A Bill to be entitled an Act to change the terms and the time of meeting of the Superior Courts of the counties of the Northern Judicial Circuit; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 169. By Messrs. Willingham of Cobb, Groover of Bibb, Scoggin, Hall and Wright of Floyd:
A Bill to be entitled an Act to amend an Act relating to the powers, duties, and liabilities in general of Municipal Corporations, so as to provide that Municipal Corporations may, by Ordinance, regulate the movement of traffic over the streets and roadways within the corporate limits, and for other purposes.
Referred to the Committee on State of Republic.
HB 170. By Messrs. Register of Lowndes, Gillis of Treutlen, Barber of Jackson, Ray of Warren, Harrell of Grady, Deen of Bacon and Clary of McDuffie, Smith of Emanuel and Raulerson of Echols:
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 General Agriculture #1.
HB 171. By Messrs. Freeman of Monroe, Sanders of Richmond and Hall of Floyd:
A Bill to be entitled an Act to amend an Act providing for the payment of maternity home and foster home care for pregnant, unmarried mothers, and to provide further for the utilization of any federal monies now available, and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HB 172. By Messrs. Fowler and Bodenhamer of Tift:
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 provisions relative to the revocation of a driver's license for conviction of driving while under the influence of intoxicating liquors or narcotic drugs; and for other purposes.
Referred to the Committee on General Judiciary #1.
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JOURNAL OF THE HOUSE,
HB 173. By Messrs. Fowler and Bodenhamer of Tift:
A Bill to be entitled an Act to provide for the suspension and revocation of a driver's license on conviction of driving under the influence of in toxicating liquors or narcotic drugs; and for other purposes.
Referred to the Committee on General Judiciary $1.
HB 174. 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 dis cretion, 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 Ways and Means.
HB 175. By Mr. Lowe of Oglethorpe:
A Bill to be entitled an Act to amend an Act relating to the duties of the 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 dis tricts; and for other purposes.
Referred to the Committee on Ways and Means.
HB 176. By Messrs. Groover of Bibb, Willingham of Cobb, Roughton of Wash ington, Scoggin of Floyd and Bentley of Cobb:
A Bill to be entitled an Act to amend an Act providing for the desig nation of streets lying within corporate limits of Municipalities of this State forming a continuation of, or a link in the State Aid System of Roads for the purpose of constructing and maintenance, so as to provide that the State Highway Board shall maintain such designated streets or parts thereof, and for other purposes.
Referred to the Committee on Public Highways #1.
HB 177. By Mr. Key of Jasper:
A Bill to be entitled an Act to provide for qualified surety companies to become surety to the extent of $200.00 with respect to guaranteed arrest bond certificates of automobile clubs and associations; and for other purposes.
Referred to the Committee on Ways and Means.
HB 178. By Messrs. Houston and King of Whitfield:
A Bill to be entitled an Act to amend an Act entitled An Act to author ize the Mayor and Council of the City of Dalton to levy a tax for the purpose of establishing and maintaining public schools in and for the municipality of Dalton, and for other purposes.
Referred to the Committee on Municipal Government.
HB 179. By Messrs. Houston and King of Whitfield: A Bill to be entitled an Act to amend an Act relating to the Charter of
THURSDAY, JANUARY 19, 1956
235
the City of Dalton; establishing the corporate limits for the City of Dalton, and for other purposes.
Referred to the Committee on Municipal Government.
HB 180. By Mr. Dean of Rockdale:
A Bill to be entitled an Act to amend an Act to create the office of Tax Commissioner of Rockdale County; and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 181. By Mr. Jones of Laurens:
A Bill to be entitled an Act to amend an Act creating the City Court of Dublin; so as to change the jurisdiction of the City Court; and for other purposes.
Referred to the Committee on Municipal Government.
HB 182. By Mr. Jones of Laurens:
A Bill to be entitled an Act to amend an Act incorporating the Town of East Dublin, and for other purposes.
Referred to the Committee on Municipal Government.
HB 183. By Messrs. Campbell and Coker of Walker:
A Bill to be entitled an Act to amend an Act relating to the issuance of marriage licenses, and for other purposes.
Referred to the Committee on General Judiciary #2.
HB 184. By Messrs. Groover of Bibb, Lavender of Elbert, Blalock of Clayton, Coker of Cherokee and Chastain of Thomas:
A Bill to be entitled an Act to repeal an Act entitled An Act to create the Georgia Citizens Council, to coordinate volunteer civilian war and post-war programs and to promote the development of human resources in the State; and for other purposes.
Referred to the Committee on State of Republic.
HB 185. By Messrs. Groover of Bibb, Lavender of Elbert, Blalock of Clayton, Coker of Cherokee, and Chastain of Thomas:
A Bill to be entitled an Act to amend an Act enumerating the duties of the State Treasurer, so as to provide that he may put out money on warrants countersigned by the Deputy Comptroller General; and for other purposes.
Referred to the Committee on State of Republic.
HB 186. By Messrs. Groover of Bibb, Blalock of Clayton, Lavender of Elbert, Coker of Cherokee and Chastain of Thomas:
A Bill to be entitled an Act to create the position of Fiscal Control
236
JOURNAL OF THE HOUSE,
Officer within the State Department of Education; and for other pur poses.
Referred to the Committee on State of Republic.
HB 187. By Messrs. Groover of Bibb, Lavender of Elbert, Blalock of Clayton, Coker of Cherokee and Chastain of Thomas:
A Bill to be entitled an Act to amend an Act known as "The Entomology Act of 1937", so as to abolish the Department of Entomology; to create a Bureau of Entomology within the Department of Agriculture; and for other purposes.
Referred to the Committee on State of Republic.
HB 188. By Messrs. Groover of Bibb, Lavender of Elbert, Blalock of Clayton, Coker of Cherokee and Chastain of Thomas:
A Bill to be entitled an Act to repeal an Act creating a State Division of Confederate Pensions and Records, so as to abolish the office created thereby, and for other purposes.
Referred to the Committee on State of Republic.
HB 189. By Messrs. Groover of Bibb, Coker of Cherokee and Chastain of Thomas:
A Bill to be entitled an Act to amend an Act known as the Minimum Foundation Program for Education Act, so as to provide that no State contributed funds shall be expended for salaries of persons other than classroom teachers, principals, superintendents and librarians; and for other purposes.
Referred to the Committee on Education #1.
HB 190. By Messrs. Groover of Bibb, Coker of Cherokee and Chastain of Thomas:
A Bill to be entitled an Act to provide all leases of State property for a term of more than one year shall be ratified by the Senate; to pro vide that certain leases of State property shall be reviewed by the At torney General so as to ascertain whether the same may be cancelled; and for other purposes.
Referred to the Committee on State of Republic.
HB 191. By Messrs. Groover of Bibb, Lavender of Elbert, Blalock of Clayton, Coker of Cherokee and Chastain of Thomas:
A Bill to be entitled an Act to amend an Act known as the Minimum Foundation Program for Education Act, so as to provide that the State Board of Education shall establish local school bus routes; to provide that no State funds shall be contributed to any county for transportation cost except upon State approved school bus routes; and for other pur poses.
Referred to the Committee on Education #1.
THURSDAY, JANUARY 19, 1956
237
HB 192. By Messrs. Groover of Bibb, Lavender of Elbert, Blalock of Clayton, Coker or Cherokee and Chastain of Thomas:
A Bill to be entitled an Act to amend an Act providing a uniform method of fixing, limiting and restricting the salaries, allowances and travel expenses of certain State officials, so as to provide that additional compensation for board membership shall not be authorized unless the Act or resolution creating same shall specifically provide for such addi tional compensation; and for other purposes.
Referred to the Committee on State of Republic.
HB 193. By Messrs. Groover of Bibb, Lavender of Elbert, Blalock of Clayton, Coker of Cherokee and Chastain of Thomas:
A Bill to be entitled an Act to amend an Act relating to the distribution of laws and journals for civil officers of each county, and for other purposes.
Referred to the Committee on Public Library.
HB 194. By Messrs. Groover of Bibb, Lavender of Elbert, Blalock of Clayton, Coker of Cherokee and Chastain of Thomas:
A Bill to be entitled an Act to amend an Act relating to the leasing and controlling of the State's property in the City of Chattanooga, and for other purposes.
Referred to the Committee on Public Property.
HR 64-194a. By Messrs. Groover of Bibb, Lavender of Elbert, Coker of Cherokee, and Chastain of Thomas:
A Resolution proposing an amendment to the Constitution so as to change the method of amending the Constitution; and for other pur poses.
Referred to the Committee on Amendments to Constitution #1.
HR 65-194b. By Messrs. Groover of Bibb, Lavender of Elbert, Blalock of Clayton, Coker of Cherokee and Chastain of Thomas:
A Resolution to authorize and direct the Department Heads and the governing authorities of the various State Departments to investigate and implement the recommendations of the Joint Economy Committee; and for other purposes.
Referred to the Committee on State of Republic.
HB 195. By Messrs. Twitty of Mitchell, Mauldin of Gordon, Ray of Warren, Phillips of Columbia, Key of Jasper and Hudson of Irwin:
A Bill to be entitled an Act to regulate the labeling, sale, offering, ex posing or transporting for sale of agricultural, vegetable, flower, tree and shrub seeds; and for other purposes.
Referred to the Committee on General Agriculture #2.
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JOURNAL OF THE HOUSE,
HB 196. By Mr. Willingham of Cobb:
A Bill to be entitled an Act to repeal an Act providing the county offi cers that receive fees and compensation other than salary, shall keep a daily report of all fees and compensations received and shall make a quarterly accounting of same to the Comptroller-General, and for other purposes.
Referred to the Committee on Drainage.
HB 197. By Messrs. Coker of Cherokee and Mashburn of Forsyth:
A Bill to be entitled an Act to amend an Act relating to nurses, so as to change the registration fee of under-graduate nurses; to change the annual validation fee of the certificate of registered nurses, and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HB 198. By Mr. Fain of Franklin:
A Bill to be entitled an Act to repeal an Act creating the office of Commissioner of Roads and Bridges and a Board of Finance for Frank lin County; and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 199. By Messrs. Barber and Short of Colquitt: A Bill to be entitled an Act to create water districts in Colquitt County, each separate and distinct from the other, known respectively as the Sylvester Drive Water District, the East Moultrie Water District and South Moultrie Water District, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 200. By Messrs. Nightingale and Killian of Glynn: A Bill to be entitled an Act to amend the Charter of the City of Bruns wick, and for other purposes.
Referred to the Committee on Municipal Government.
HR 66-200a. By Messrs. Cornelius and McKelvey of Polk:
A Resolution to compensate George B. Stoffragen for damages to his 1955 Chevrolet automobile as a result of a collision with a truck owned and operated by the State Highway Department, and for other purposes.
Referred to the Committee on Special Appropriations.
HR 67-200b. By Mr. Cowart of Calhoun:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the Clerk of the Superior Court of Calhoun County, and for other purposes.
Referred to the Committee on Public Library.
THURSDAY, JANUARY 19, 1956
239
HR 68-200c. By Messrs. Gunter and Williams of Hall:
A Resolution to compensate T. Q. Jones and Mrs. Valie Jones, Gainesville, Hall County, for injuries and property damage they received in an accident with a State Highway Dept. maintenance vehicle; and for other purposes.
Referred to the Committee on Special Appropriations.
HR 69-200d. By Messrs. Moate of Hancock, Groover of Bibb, Lokey of Fulton, Cheatham of Chatham, Lindsey of Spalding, Hawkins of Screven and others:
A Resolution proposing an amendment to the Constitution, fixing the terms of the Justices of the Supreme Court, the Judges of the Court of Appeals, and the Judges of the Superior Courts of this State; providing for filling vacancies in the office of Justice of the Supreme Court and the Office of Judge of the Court of Appeals, and for other purposes.
Referred to the Committee Amendments to Constitution #1.
HR 70-200e. By Mr. Bentley of Cobb:
A Resolution proposing an amendment to the Constitution so as to provide for the paving of streets, sidewalks and curbing in counties, and to authorize the cost thereof to be assessed against the abutting property; and for other purposes.
Referred to the Committee on Amendments to Constitution #2.
HR 71-200f. By Mr. Long of Murray:
A Resolution ratifying an easement granted by the State of Georgia to the Georgia Power Company, and for other purposes.
Referred to the Committee on Public Property.
HB 201. By Mr. Ivey of Newton:
A Bill to be entitled an Act to abolish the office of County Treasurer of Newton County; to transfer the duties of the office of Treasurer to the Commissioner of Roads and Revenue of said county, and for other purposes.
Referred to the Committee on Counties and County Matters.
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 Chair man, to report the same back to the House with the following recommendations:
HR 33- 96f. Do Pass.
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HR 50-130f. Do Pass. HR 16- 64a. Do Pass. HR 21- 64f. Do Pass. HR 17- 64b. Do Pass. HR 20- 64e. Do Pass. HR 22- 64g. Do Pass. HR 42-110f. Do Pass. HR 41-110a. Do Pass. HR 28- 96a. 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 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 143. Do Pass. HB 95. Do Pass. HB 96. Do Pass. HB 107. Do Pass. HB 158. Do Pass. HB 126. Do Pass. HB 159. Do Pass.
Respectfully submitted, Short of Colquitt, 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 fol-
THURSDAY, JANUARY 19, 1956
241
lowing Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 114. Do Pass, by substitute.
Respectfully submitted,
Jones of Lumpkin, 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 43. Do Pass.
Respectfully Submitted, Adams of Lamar, 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 11- 18k. Do Pass.
HR 3- 18c. Do Pass.
HR 54-163c. Do Pass.
Respectfully submitted,
Barber of Colquitt,
Chairman.
By unanimous consent, the following Bills and Resolutions of the House, favorably reported, were read the second time:
HB 43. By Mr. Jackson of Jones:
A Bill to be entitled an Act to provide that during the term for which he has been elected, no member of the General Assembly shall hold any position of employment in any department or other agency of the State Government, from which position of employment such member receives compensation, unless he shall first resign his seat in the General Assembly; and for other purposes.
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JOURNAL OF THE HOUSE,
HB 95. By Mr. Martin of Banks:
A Bill to be entitled an Act to provide for the compensation for the Sheriff of Banks County; and for other purposes.
HB 96. By Mr. Matheson of Hart:
A Bill to be entitled an Act to amend an Act entitled An Act to create the office of Commissioner of Roads and Bridges and a Board of Finance, consisting of three members in and for Hart County, and for other purposes.
HB 107. By Messrs. Young, Pickard and Nilan of Muscogee:
A Bill to be entitled an Act to provide for the hours of holding elec tions in certain counties, and for other purposes.
HB 126. By Mr. Black of Webster:
A Bill to be entitled an Act to provide for the terms of court of the Webster County Superior Court, and for other purposes.
HB 143. By Messrs. Holley, Chambers and Sanders 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 Sheriff, the ordinary, the tax collector, etc., and for other purposes.
HB 158. By Messrs. Duke and Massee of Baldwin:
A Bill to be entitled an Act to authorize the governing authority of Baldwin County to provide for zoning and planning; to authorize joint operation with the City of Milledgeville; and for other purposes.
HB 159. By Mr. Moate of Hancock:
A Bill to be entitled an Act to consolidate the offices of Tax Receiver and Tax Collector of Hancock County into the office of Tax Commis sioner of Hancock County, and for other purposes.
HR 3-18c. By Messrs. Groover of Bibb and Bloodworth of Houston:
A Resolution authorizing compensation to Horace Evans, Sr., by the Department of Public Safety, and for other purposes.
HR ll-18k. By Mr. Duke of Baldwin:
A Resolution to compensate Felton Smallwood by the Welfare Depart ment, and for other purposes.
HR 16-64a. By Mr. Coker of Cherokee:
A Resolution proposing an amendment to the Constitution so as to pro vide for the merger of the Canton Independent School System and
THURSDAY, JANUARY 19, 1956
243
the Cherokee County School System into one consolidated school sys tem, and for other purposes.
HR 17-64b. By Mr. Coker of Cherokee:
A Resolution proposing an amendment to the Constitution so as to abolish the elective office of the County School Superintendent of Cherokee County; and for other purposes.
HR 20-64e. By Mr. Greene of Crisp:
A Resolution proposing an amendment to the Constitution so as to provide that the General Assembly shall be authorized to pass a special Act or Acts to merge the existing independent school system of the City of Cordele and the existing school district in the County of Crisp, and for other purposes.
HR 21-64f. By Mr. Barker of Heard:
A Resolution proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of Heard County; and for other purposes.
HR 22-64g. By Mr. Bentley of Cobb:
A Resolution proposing an amendment to the Constitution so as to provide for the paving of streets and sidewalks in Cobb County, and to authorize the cost thereof to be assessed against the abutting prop erty; and for other purposes.
HR 28-96a. By Messrs. Watson and Denson of Dougherty:
A Resolution proposing an amendment to the Constitution so as to provide for the paving of streets in Dougherty County, and to authorize the cost thereof to be assessed against the property on each side of such streets; and for other purposes.
HR 33-96f. By Messrs. Watson and Denson of Dougherty:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of Dougherty County to issue and require building permits, to charge fees therefor, and to establish a building code; and for other purposes.
HR 41-110a. By Messrs. Watson and Denson of Dougherty:
A Resolution proposing an amendment to the Constitution so as to authorize the City of Albany in Dougherty 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 new industries in or near the City of Albany; and for other purposes.
HR 42-110b. By Messrs. Watson and Denson of Dougherty:
A Resolution proposing an amendment to the Constitution so as to authorize Dougherty County to levy a tax not exceeding one mill on
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all of the taxable property in the County, to provide for the submission of this amendment for ratification or rejection; and for other purposes.
HE 50-130b. By Messrs. Cornelius and McKelvey of Polk:
A Resolution proposing an amendment to the Constitution so as to provide for the election of the County School Superintendent of Polk County by the people instead of the County Board of Education, and for other purposes.
HR 54-163c. By Messrs. Bolton and Lindsey of Spalding:
A Resolution compensating A. C. Bennett and Mamie Bennett; and for other purposes.
By unanimous consent, the following Resolutions of the House were taken up for consideration and read the third time:
HR 30-96c. By Mr. Dean of Rockdale:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the County Commissioner of Rockdale County for the use of the Judge of Superior Court of Rockdale 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 49-130a. By Mr. Fain of Franklin:
A Resolution authorizing and directing the State Librarian to furnish law books to the Clerk of the Superior Court of Franklin 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.
Under the regular order of business, the following Bill of the House was taken up for consideration and read the third time:
HB 16. By Messrs. Underwood of Bartow, Groover of Bibb and Matthews of Clarke:
A Bill to be entitled an Act to amend an Act which Act makes pro-
THURSDAY, JANUARY 19, 1956
245
visions for coverage of certain officers and employees of political sub divisions of the State under the Old-Age and Survivors Insurance pro visions of Title II of the Federal Social Security Act; and for other
purposes.
Mr. Groover of Bibb moved to Substitute for HB 16, the following:
AN ACT
To amend an Act approved December 21, 1953, Georgia Laws 1953, page 294, which Act 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; to provide for definitions, to provide for Federal-State agreement; to stipulate sepa rate retirement systems with respect to political subdivisions; to pro vide plans for coverage; to establish a Social Security Coverage Group; to provide for the administration thereof, and authorize extension of social security coverage for said group; to authorize a referendum and certify results thereof; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA, AND IT IS HEREBY ENACTED BY THE AUTHORITY OF THE SAME:
SECTION 1.
The Act approved December 21, 1953, whose caption is set forth in the caption hereof (Acts of 1953, page 294) is hereby amended by striking in its entirety section (1) which section relates to "Declaration of Policy" and inserting in lieu thereof the following:
"In order to extend to employees of the State of Georgia and the political subdivisions of this state and to the dependents and survivors of such employees, the basic protection accorded to others by the oldage and survivors insurance system embodied in the Social Security Act, it is hereby declared to be the policy of the General Assembly, sub ject to the limitations of this Act, that such steps be taken as to pro vide such protection to employees of the State and the political sub divisions of the State on as broad a basis as is permitted under the Social Security Act."
SECTION 2.
1. That said Act is further amended by deleting in its entirety subsection (b) of Section 2 which subsection relates to the term "em ployment" and inserting in lieu thereof the following:
"(b) The term "employment" means any service performed by an employee in the employ of the State or any political subdivision of the State, for such employer, except (1) service which in the absence of an agreement entered into under this Act would constitute "employ ment" as defined in the Social Security Act; or (2) service which under the Social Security Act may not be included in an agreement between the State and the Secretary of Health, Education and Welfare, entered into under this Act. Service which under the Social Security Act may be included in an agreement only upon certification by the Governor
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in accordance with Section 218 (d) (3) of that Act shall be included in the term "employment" if and when the Governor issues, with respect to such service, a certificate to the Secretary of Health, Educa tion and Welfare pursuant to Section 12 (b) of this Act."
2. That said Act is further amended by striking therefrom in its entirety subsection (e) of Section 2 which relates to "Federal Security Administrator" and inserting in lieu thereof the following:
"(e) The term "Secretary of Health, Education and Welfare" in cludes any individual to whom the Secretary of Health, Education and Welfare has delegated any functions under the Social Security Act with respect to coverage under such Act of employees of States and their political subdivisions, and with respect to any action taken prior to April 11, 1953, includes the Federal Security Administrator and any individual to whom such Administrator had delegated any such func tions, and wherever in this Act the term Federal Security Administrator is used, it shall mean Secretary of Health, Education and Welfare."
3. That said Act is further amended by striking in its entirety subsection (f) of Section 2 which relates to "political subdivision" and inserting in lieu thereof the following:
"(f) The term "political subdivision" within the terms of this Act, means counties and incorporated towns and cities and includes an instrumentality of (A) the State, (B) one or more political subdivisions of the State, or (C) the State and one or more of its political subdi visions; The Board of Regents of the University System of Georgia, and the Federal and State Cooperative Inspection Service of the State of Georgia."
4. That said Act is further amended by striking therefrom in its entirety subsection (b) of Section 2 of said Act which relates to "Fed eral Insurance Contribution Act" and inserting in lieu thereof the following:
"(h) The term "Federal Insurance Contribution Act" means subchapter A of chapter A of the Federal Internal Revenue Code of 1939 and sub-chapters A and B of chapter 21 of the Federal Internal Reve nue Code of 1954, as such Codes have been and may from time to time be amended; and the term "employee tax" means the tax imposed by Section 1400 of such Code of 1939 and Section 3101 of such Code of 1954."
SECTION 3.
1. Said Act is further amended by striking in its entirety para graph (2) of subsection (a) of Section 3, relating to Payments to the Secretary of the Treasury, and inserting in lieu thereof the following:
"(2) The State will pay to the Secretary of the Treasury, at such time or times as may be prescribed under the Social Security Act, con tributions with respect to wages (as defined in Section 2 of this Act), equal to the sum of the taxes which would be imposed by the Federal Insurance Contribution Act if the services covered by the agreement constituted employment within the meaning of that Act."
2. Said Act is further amended by striking in its entirety para-
THURSDAY, JANUARY 19, 1956
247
graph (3) of subsection (a) of Section 3 which relates to effective date of agreements and substituting in lieu thereof the following:
"(3) Such agreement shall be effective with respect to services in employment covered by the agreement performed after a date specified therein but in no event may it be effective with respect to any such services performed prior to the first day of the calendar year in which such agreement is entered into or in which the modification of the agreement making it applicable to such services, is entered into except that a modification entered into after December 31, 1954, and prior to January 1, 1958, may be effective with respect to services performed after December 31, 1954, or after a later date specified in such modification."
3. That said Act is further amended by striking in its entirety paragraph (4) of subsection (a) of Section 3, which paragraph relates to services covered, and inserting in lieu thereof the following, to wit:
"(4) All services which (A) constitute employment as defined in Section 2 (B) are performed in the employ of the State or a political subdivision of the State, and (C) are covered by a plan which is in conformity with the terms of the agreement and has been approved by the State Agency under Section 4, shall be covered by the agree ment."
4. That said Act is further amended by adding to Section 3 a new paragraph to be known as paragraph (5), subsection (a) of Section 3, relating to positions covered by a retirement system, and to read as follows:
"(5) As modified, the agreement shall include all services described in paragraph (4) of this subsection and performed by individuals in positions covered by a retirement system with respect to which the Governor has issued a certificate to the Secretary of Health, Education and Welfare pursuant to Section 12 (b) of this Act."
5. That said Act is further amended by adding a new subsection to Section 3 to be known as subsection (c), and relating to separate retirement systems, and to read as follows:
"(c) Pursuant to Section 218 (d) (6) of the Social Security Act the Peace Officers Annuity and Benefit Fund of Georgia, Superior Court Clerks' Retirement Fund, Ordinaries Retirement System, and the Teachers' Retirement System of Georgia, shall for the purpose of this Act be deemed to constitute separate retirement systems with respect to each political subdivision and positions covered thereby. For the purpose of this Act the Board of Regents of the University System of Georgia is deemed to be covered by a separate retirement system with respect to positions covered thereby, and all City Courts of this State are deemed to be covered by separate retirement systems with respect to each political subdivision and positions covered thereby.
SECTION 4.
1. That said Act is further amended by striking in its entirety paragraph (2), subsection (a), Section 4, relating to "services which constitute employment" and inserting in lieu thereof the following:
"(2) It provides that all services which constitute employment as
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defined in Section 2 and are performed in the employ of a political subdivision by employees thereof shall be covered by the plan except that it may exclude services performed by individuals to whom Section 218 (d) (3) (C) of the Social Security Act is applicable."
2. That said Act is further amended by striking in its entirety paragraph (2) of subsection (c) of Section 4 relating to employee tax and inserting in lieu thereof the following:
"(2) Each political subdivision required to make payments under paragraph (1) of this subsection is authorized, in consideration of the employee's retention in, or entry upon, employment after enactment of this Act, to impose upon each of its employees, as to services which are covered by an approved plan, a contribution with respect to his wages (as defined in Section 2 of this Act), not exceeding the amount of the employees tax which would be imposed by the Federal Insurance Contribution Act if such services constituted employment within the meaning of that Act, and to deduct the amount of such contribution from his wages as and when paid. Contributions so collected shall be paid into the Contribution Fund in partial discharge of the liability of such political subdivision or instrumentality under paragraph (1) of this subsection. Failure to deduct such contributions shall not relieve the employee or employer of liability therefor."
SECTION 5.
That said Act is further amended by adding thereto a new section relating to referendum and certification and to be known as Section 12 and shall read as follows:
"Section 12 (a) Referenda and Certification. The Governor is empowered to authorize a referendum, and to designate any agency or individual to supervise its conduct, in accordance with the require ments of Section 218 (d) (3) of the Social Security Act, on the question of whether service in positions covered by a retirement system estab lished by the state or by a political subdivision shall be excluded from or included under an agreement under this Act. The notice of referen dum required by Section 218 (d) (3) (C) of the Society Security Act to be given to employees shall contain or shall be accompanied by a statement, in such form and such detail as the Agency or individual designated to supervise the referendum shall deem necessary and suf ficient, to inform the employees of the rights which will accrue to them and their dependents and survivors, and the liabilities to which they will be subject, if their services are included under an agreement under this Act.
(b) Upon receiving evidence satisfactory to him that with respect to any referendum the conditions specified in Section 218 (d) (3) of the Social Security Act have been met, the Governor is authorized to so certify to the Secretary of Health, Education and Welfare."
SECTION 6.
EMPLOYEES' SOCIAL SECURITY COVERAGE GROUP 1. That said Act is further amended by adding thereto a new section to be known as Section 13 and to read as follows:
"Section 13. Pursuant to Paragraph (II), Section 1, Article XIV, of the State Constitution, and sub-paragraph (a) of Paragraph II of
THURSDAY, JANUARY 19, 1956
249
Article VII, of said State Constitution, with due consideration to the limitations embodied therein, there is hereby established a separate coverage group to be known as Employees' Social Security Coverage Group, membership of which shall consist of all State employees who are in the group to be covered for social security, the conditions of mem bership to be as established in the Act Governing the Employees' Re tirement System of Georgia."
"(a) The Employees' Social Security Coverage Group herein pro vided shall for the purposes of this section be and it is hereby declared to be under the jurisdiction and control of the Board of Trustees of the Employees' Retirement System of Georgia. Said Board is authorized to establish such rules and regulations as are necessary to provide for payment of the contributions required under the Social Security Act, and the proper administration of the provisions of this section, and is further authorized to modify the present agreement with the Secre tary of Health, Education and Welfare of the United States, consistent with the terms and provisions of this Act for the purpose of extending the benefits of the Old-Age and Survivors Insurance System to members of said coverage group; such coverage to become effective not earlier than July 1, 1956."
SECTION 7.
Repeal. All acts or parts of act which are inconsistent with the provisions of this Act are hereby repealed.
SECTION 8.
Effective date. This Act shall take effect immediately upon its passage and approval by the Governor.
The substitute was adopted:
The previous question was ordered.
The main question was ordered.
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 126, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the Senate to wit:
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JOURNAL OF THE HOUSE,
SB 14. By Senators Harper of the 26th, Brooks of the 50th, Turner of the 34th and Ursrey of the 54th:
A Bill to create certain regulations concerning insurance companies which sell accident and sickness and hospitalization insurance; to repeal conflicting laws; and for other purposes.
SB 19. By Senators Matthews of the 47th and Dean of the 40th:
A Bill to authorize the Commissioner of Agriculture to establish farmers' markets in this state; to authorize the Commissioner of Agri culture to make necessary rules and regulations to properly conduct such markets; and for other purposes.
SB 20. By Senators Parker of the 20th, Dean of the 40th, Dykes of the 14th, Jones of the 18th, Kelly of the 35th, Turner of the 34th and others:
A Bill revising the consolidating laws relative to game and fish, so as to permit the breeding of pen raised quail for commercial purposes; and for other purposes.
SB 22. By Senators Dean of the 40th, Matthews of the 47th and Chance of the 51st:
A Bill to amend the Act providing for the prevention of the spread of hog cholera; to regulate the distribution and administering of hog cholera serum and virus; and for other purposes.
SB 24. By Senators Dean of the 40th and Matthews of the 47th:
A Bill regulating and governing the feeding of garbage to livestock and regulating and governing the rendering of the carcasses of dead domestic animals; and for other purposes.
At the request of Mr. Freeman of Monroe, the following Bill of the House was placed on the Calendar for the purpose of considering the unfavorable report of the Committee:
HB 116. By Mr. Denmark of Liberty:
A Bill to provide for the inspection and regulation of Anti-Freeze Substances and Preparations; 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 15. By Messrs. Underwood of Bartow, Groover of Bibb and Matthews of Clarke:
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.
THURSDAY, JANUARY 19, 1956
251
Mr. Groover of Bibb moved to substitute for HB 15, the following:
AN ACT
To amend an Act entitled "An Act to establish an employees re tirement system," approved February 3, 1949, (Ga. L. 1949, P. 138), and as amended, so as to define for the purpose of this Act, a court of record; to provide for transfer of credits to the System; to establish and permit continuance of membership; to clarify conditions of eligi bility for service credits; to limit the amount of certain creditable service; to provide for additional member contributions; to provide a means and procedure thereof for State employees to secure social se curity coverage; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA, AND IT IS HEREBY ENACTED BY THE AUTHORITY OF THE SAME:
SECTION 1.
The Act approved February 3, 1949, (Ga. L. 1949, P. 138) and as amended and particularly Section 1 is hereby amended by adding to Section 1 a new subsection to be known as subsection 26 and to read as follows, to wit:
"(26) After the effective date of this Act, and without effect on creditable service and/or certificate of prior service previously deter mined by the Board of Trustees, a court of record for the purpose of this Act shall be limited and determined to mean the city courts, supe rior courts, court of appeal, and supreme court of this State handling within their jurisdiction general State laws exclusively."
SECTION 2.
That Section 3, subsection 4 of said Act is amended by adding thereto a new paragraph to read as follows, to wit:
"Anything in this Act to the contrary notwithstanding, any mem ber of the Solicitors General Retirement Fund of Georgia who becomes an employee of an Agency subject to the provisions of this Act without a break in service may exercise the privilege of transferring his credits to the Employees' Retirement System, provided application is filed with the Board of Trustees, and upon such transfer and the transfer of funds as provided in the Solicitors General Retirement Fund Act shall be given all of the creditable service authorized otherwise by this Act."
SECTION 3.
That said Act is further amended by adding to Section 3 a new subsection to be known as subsection 7 of Section 3, which shall read as follows:
"(7) Anything in this Act to the contrary notwithstanding, any individual drawing compensation for service rendered to the General Assembly who is in a capacity normally requiring actual performance of duties during the full twelve months of the calendar year, as re flected by the State Auditor's Report, shall, as a condition of his em ployment, become a member of the Retirement System. Any contribut ing member who, without a break in service, begins to draw compensa tion for services rendered for the General Assembly shall continue his
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membership while drawing such compensation Contributions of mem bers referred to in this subsection shall be deducted by the State Treasurer and remitted to the Board of Trustees, together with required employer contributions. The State Treasurer of Georgia is hereby authorized and directed to pay from the funds appropriated for the operation of the General Assembly of this State the employer contribu tion required by this subsection. The provisions of this subsection shall become effective immediately upon approval of this Act by the Gover nor so as to apply to the regular term, 1956 of the General Assembly and all subsequent terms of said General Assembly."
SECTION 4.
That Section 4, paragraph 4, of said Act (Georgia Laws of 1953, page 162) which refers to service with Armed Forces, is hereby amended by adding thereto a new sub-paragraph to be numbered Sub-paragraph (b), which shall read as follows:
"(b) The prior service and service in the Armed Forces of the United States, referred to in Section 4, paragraph 4, shall be creditable to a member only if he is otherwise eligible for prior service credits."
SECTION 5.
That said Act is hereby amended by adding to Section 4 a new subsection to be known as subsection (9) and to read as follows, to wit:
"(9) Anything in this Act to the contrary notwithstanding, for the purpose of this Act, wherever the term "within one year after dis charge from the armed forces" is referred to, it shall be construed to mean within one year after the termination of the member's ACTIVE service in the military or naval forces of the United States, and shall not include any military reserve or naval reserve service. Credit for any service rendered either for prior service during the First or Second World Wars, the Korean Conflict, the Georgia National Guard, Georgia State Guard, or service that may be creditable in the future for any combination of such service, shall be limited to not more than ten (10) years, notwithstanding the fact that the combination of such service may have been or may be for a longer period."
SECTION 6.
That said Act is further amended by striking and repealing in its entirety, sub-paragraph (a), paragraph 1, of Section 8 (Ga. Laws 1949, p. 155), which refers to payroll deductions, and substituting in lieu thereof a new sub-paragraph to read as follows:
"(a) Each employer shall cause to be deducted from the salary of each member for each payroll period five per centum of his earnable compensation, and an additional one per cent from the earnable com pensation of a department head, unless he upon notice has requested otherwise. A department head shall mean the elected or appointed State official charged with the responsibility for directing the daily operations of an entire State department. The additional one per cent, upon his becoming eligible for retirement, shall be used to purchase a pension of one per cent of his average final compensation for each year of membership service while a department head, and prior to his attaining age 65. Said additional pension purchased shall not ex ceed 20 per cent of his average final compensation as a department
THURSDAY, JANUARY 19, 1956
. 253
head. The employer shall not have either of the above deductions made from the compensation of a member who elects not to contribute if he has attained age sixty-five. Each employer shall immediately pay to the Board of Trustees, in such manner as the Board shall prescribe, the amounts deducted, which shall be credited by the Board to the individual accounts in the annuity savings fund of the member from whose compensation the deductions were made."
SECTION 7.
That said Act is hereby amended by adding thereto a new section to be appropriately numbered and to read as follows, to wit:
"1. Pursuant to Paragraph 11, Section 1, Article XIV, of the State Constitution and sub-paragraph 1, Section II of Article VII, of said Constitution with due consideration to the limitations embodied therein and as specifically referred to in Act 734, Ga. L. 1953, P. 294, as amended in Section 13 thereof, there is hereby established Division A of the Employees' Retirement System of Georgia as a separate coverage group and to be specifically known as the Employees' Social Security Coverage Group. Effective on a date to be established by the Board of Trustees, which date shall not be earlier than May 1, 1956, the membership of this System shall automatically be the mem bership of Division A unless prior to such date a member has expressed in writing to the Board of Trustees his desire to become a member of Division B, and for such members there is hereby established a distinct and separate division to be known as Division B. Membership of this division shall be ineligible for membership in Division A."
"(a) On and after the effective date established for Division A, employees upon becoming contributing members, shall have their mem bership established in Division A, unless they have prior service or annuity savings credits and file with the Board of Trustees a state ment that they desire to be members of Division B."
" (b) In the application of Section 4, relative to prior service accumulation, the accumulations of a member of Division A shall be reduced by an amount set forth in tables which shall be adopted by the Board of Trustees after an actuarial survey by the Board, so as to assure that the aggregate contributions of the State will remain at the present level, with the exception of the employer-employee tax referred to in the last sentence of paragraph (e) of this subsection."
"(c) Sub-paragraph (1) (c) and Paragraph (6) of Section 5 shall not be applicable to membership of Division A. Any retired member of this group accepting employment in which the State of Georgia participates in his salary shall have his retirement allowances sus pended during the time of such employment, and if employed in a de partment subject to this Act he shall again become a member of Division A."
"(d) Any contributions provided for in Section 3 that may be required of a member of Division A while he is not deemed to be in service shall be construed to mean only those contributions which pro vide benefits under this Act."
" (e) Anything in this Act to the contrary notwithstanding, the employee and employer tax required on wages of those members cov ered under the Social Security Act shall be retained by the Fiscal
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Officer of the various departments and reported to the Board of Trus tees quarterly, in accordance with Rules and Regulations established by the Board. Any change in the rate of employee-employer tax shall result in a corresponding change in the amount of tax payable by the em ployee and employer."
" (f) Anything in this Act to the contrary notwithstanding, the pension accumulation fund as provided in Section 8, subsection (3) shall also be the fund into which shall be paid that part of employee and employer tax required on wages of members covered under the Federal Social Security Act. Said tax is hereby made an obligation of the pension accumulation fund, as provided for in Section 11.
"(g) Any member of Division A having attained age sixty-five (65) may, upon written application to and approval by the Board of Trustees, discontinue contributions which provide retirement benefits under this Act. However, the employee tax provided under the Social Security Act shall be paid by the member."
"(h) Members of the Employees' Social Security Coverage Group shall be given appropriate notice of a referendum to be held to deter mine if they will become covered for social security or not. Should the referendum be in the affirmative, the Board of Trustees is authorized to enter into an appropriate agreement on the part of the State for said coverage with an effective date not earlier than July 1, 1956, and when the agreement becomes applicable for said coverage group, all provisions in this section relative to social security shall become operative."
SECTION 8.
Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
SECTION 9.
Effective date. This Act shall take effect immediately upon its passage and approval by the Governor.
The following amendment to the Substitute was adopted:
Mr. Groover of Bibb moved to amend the Substitute to HB 15 by striking therefrom Section 6 in its entirety.
The Substitute was adopted, as amended.
The previous question was ordered.
The main question was ordered.
The report of the Committee which was favorable to the passage of the Bill, was agreed to, by substitute, as amended.
On the passage of the Bill, by substitute, as amended, the ayes were 131, nays 0.
THURSDAY, JANUARY 19, 1956
255
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
HB 91. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to amend an Act regulating the marketing of eggs, so as to change the weight and size classification of eggs; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the Committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 122, nays 0.
The Bill having received the requisite constitutional majority, was passed.
HB 121. By Messrs. Moate of Hancock, Mincy of Ware, Harrison of Wayne, and many others:
A Bill to be entitled an Act to repeal an Act creating the Georgia Board of Naturopathic Examiners; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the Committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 3.
The Bill, having received the requisite constitutional majority, was passed.
HB 111. By Messrs. Moate of Hancock and Groover of Bibb:
A Bill to be entitled an Act to prohibit members of Boards, Bureaus, Commissions, Committees and other State Agencies and Authorities, under certain conditions, from selling goods or services to the State and such Agencies and Authorities on which they serve; and for other purposes.
The previous question was ordered.
The main question was ordered.
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 130, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
By unanimous consent, the Clerk was directed to correct the typographical errors in HB 111.
Mr. Barber of Colquitt notified certain members of the House that it would be necessary to reintroduce certain compensation Resolutions.
HB 128. By Messrs. Moate of Hancock, Willingham of Cobb, and Groover of Bibb:
A Bill to be entitled an Act to authorize the operation of vending stands in State Buildings by blind or otherwise seriously disabled persons; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the Committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 48. By Mr. Chambers of Richmond:
A Bill to be entitled an Act to provide for the service of subpoenas, subpoenas duces tecum, and notices to produce by registered mail; and for other purposes.
The following amendment was read:
Mr. Chambers of Richmond moved to amend HB 48, by adding a new Section to be known as Section 6 and to read as follows:
"Section 6. Wherever the words registered mail shall appear in this Act, the same shall also be deemed to include United States certi fied Mail."
The amendment was adopted.
The previous question was ordered.
The main question was ordered.
The report of the Committee which was favorable to the passage of the bill, was agreed to, as amended.
THURSDAY, JANUARY 19, 1956
257
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 104. By Messrs. Potts of Coweta, Stephens and Matthews of Clarke:
A Bill to be entitled an Act declaring the intent of the General As sembly to establish as a policy of the State a method for protection of the public against false claims in the guarantee of high quality of seeds and plants for various agricultural pursuits; and for other purposes.
Mr. Potts of Coweta offered the following amendment:
By inserting between the title thereof and Section 1 the words "Be it enacted by the General Assembly of Georgia", and by striking from Section 3 the words "proper officials" and in lieu thereof inserting the word "head", and by striking from the last sentence of Section 4 the words "under the same procedure provided in 'The Georgia Seed Law' of 1956.".
The amendment was adopted.
Messrs. Potts of Coweta, Matthews and Stephens of Clarke offered the following amendment:
By adding in Section I, paragraph 2 and paragraph 3 between the words "flowers or other plants" the word "trees" so that after amendment both paragraphs shall read: "flowers, trees or other plants."
The amendment was adopted.
The previous question was ordered. The main question was ordered.
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.
HB 81. By Messrs. Chambers and Sanders of Richmond:
A Bill to be entitled an Act to amend an Act relating to traverse jurors generally, and which will provide for the placing of jurors in the jury box in panels of twelve each; and for other purposes.
The previous question was ordered.
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JOURNAL OF THE HOUSE,
The main question was ordered.
The report of the Committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 123, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 47. By Messrs. Peters of Meriwether, Mashburn of Forsyth and Coker of Cherokee:
A Bill to be entitled an Act to amend an Act known as the "Uniform Narcotic Drug Act," so as to provide for oral prescriptions for certain narcotic drugs, compounds thereof and derivatives thereof; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the Committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 3. 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; and for other purposes.
The following amendments were read:
Mr. Harrison of Wayne, Twitty and Palmer of Mitchell moves to amend HB 3 as follows:
By adding the following words after "fish" in line one of Section 1, to-wit, "Caught or taken from any stream or waters."
The amendment was adopted.
The Committee moved to amend HB 3, by inserting in the place of "200" pounds, "100" pounds.
The amendment was adopted.
The previous question was ordered.
The main question was ordered.
THURSDAY, JANUARY 19, 1956
259
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 31, nays 85.
The Bill, having failed to receive the requisite constitutional majority, was lost.
Mr. Jones of Lumpkin asked unanimous consent that the following Bill of the House be recommitted to the Committee on Motor Vehicles:
HB 116. By Mr. Denmark of Liberty:
A Bill to be entitled an Act to provide for the inspection and regula tion of Anti-Freeze Substances and Preparation; and for other pur poses.
The unanimous consent request was granted and the Bill was recommitted to the Committee on Motor Vehicles.
Under the regular order of business, the following Bills of the Senate were read the first time and referred to the Committees:
SB 14. By Senators Harper of the 26th, Brooks of the 50th, Turner of the 34th and Ursrey of the 54th:
A Bill to be entitled an Act to create certain regulations concerning insurance companies which sell accident and sickness and hospitalization insurance; and for other purposes.
Referred to the Committee on Insurance.
SB 19. By Senators Matthews of the 47th and Dean of the 40th:
A Bill to be entitled an Act to amend an Act to provide for and author ize the Commissioner of Agriculture to establish farmers' markets in this State, and for other purposes.
Referred to the Committee on General Agriculture #1.
SB 20. By Senators Parker of the 20th, Dean of the 40th, Dykes of the 14th, Jones of the 18th, Kelley of the 35th, Turner of the 34th, Steis of the 25th, Ricketson of the 19th:
A Bill to be entitled an Act to amend an Act revising and consolidating laws relative to Game and Fish, so as to permit the breeding of penraised quail for commercial purposes, and for other purposes.
Referred to the Committee on Game and Fish.
SB 22. By Senators Dean of the 40th, Matthews of the 47th and Chance of the 51st:
A Bill to be entitled an Act to amend an Act entitled An Act to pre vent the spread of hog cholera; and for other purposes.
Referred to the Committee on General Agriculture #1.
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SB 24. By Senators Dean of the 40th and Matthews of the 47th:
A Bill to be entitled an Act to amend an Act regulating and governing the feeding of garbage to livestock and regulating and governing the rendering of the carcasses of dead domestic animals, and for other purposes.
Referred to the Committee on General Agriculture #2.
The following Resolutions of the House were read and adopted:
HR 73. By Messrs. Nightingale of Glynn and Freeman of Monroe:
A RESOLUTION
Relative to the Governor's Mansion; and for other purposes.
WHEREAS, the members of the General Assembly and others were entertained at a tea at the Governor's Mansion on January 17, 1956, and
WHEREAS, the members of the General Assembly had an oppor tunity to observe the appearance and condition of the Mansion, and none but favorable comments were heard thereon, and
WHEREAS, the job of renovating the Mansion has only recently been completed, the cost of same being paid from funds which have been set aside therefor for several years, and
WHEREAS, there was criticism directed at the expenditure of such funds in renovating the Mansion, all of such criticism being un justified,
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Governor and Mrs. Griffin and the other persons responsible for the beautiful job of renovating, decorating and furnishing the Mansion be commended, and that this body go on record as placing its stamp of approval upon the expendi ture of funds for such purposes.
BE IT FURTHER RESOLVED that a copy of this resolution be transmitted to Governor and Mrs. Marvin Griffin.
HR 74. By Messrs. Turk of Wilcox, Mobley of Burke and Groover of Bibb:
A Resolution commending Honorable John H. Druffel, United States District Judge for the Southern District of Ohio, for his statesmanship in refusing to supinely surrender to the absurd directives of the Sixth Circuit Court of Appeals; and for other purposes.
The following Resolution of the House was read the first time and referred to the Committee on State of Republic:
HR 75. By Messrs. Coker of Cherokee and Mashburn of Forsyth:
A Resolution to create a Hospital Care Study Commission; and for other purposes.
THURSDAY, JANUARY 19, 1956
261
Mr. Groover of Bibb moved that the House do now adjourn until 10:00 o'clock, Monday morning, January 23, 1956, and the motion prevailed.
Leave of absence was granted to Mr. Parker of Appling for Monday and Tuesday, January 23rd and 24th.
The Speaker announced the House adjourned until 10:00 o'clock Monday morning.
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Representative Hall, Atlanta, Georgia. Monday, January 23, 1956.
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, Reverend Theo Pharr, Talbotton Meth odist Church, Talbotton, Georgia.
The roll was called and the following members answered to their names:
Adams Alien Ayers Bagby Barber of Colquitt Barber of Jackson Barker Baughman Bentley Birdsong Black Blackburn Blalock Bloodworth Bodenhamer Bolton Brannen Brown Caldwell Callier Campbell Carlisle Cason Gates Chambers Chastain Cheatham Cheek Clary Cloud Cocke Coker of Cherokee Coker of Walker Cornelius Cotton Cowart Coxwell Dean of Rockdale Been of Bacon Denmark Denson Dozier Drinkard
Duke 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 Gunter Hall Hardaway Harrell Harrison of Jeff Davis Hawkins Hayes Henderson Hodges Hogan 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 Killingsworth King of Whitfield King of Chattahoochee King of Pike Kitchens Lam Land Lanier Larkins Lavender Lindsey Lokey Long Love Lowe Mackay Mallory Martin Mashburn Massee Matheson of Hart Mathis of Lowndes Matthews Mauldin McGarity McKelvey McKenna McWhorter Mincy Mobley Moore Moorman Mull Murphey of Crawford
MONDAY, JANUARY 23, 1956
263
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 Sivell Smith of Evans Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Pulton Sognier Souter Stephens of Clarke Stevens of Marion Stewart Strickland Stripling Tamplin Tanner Tarpley
Terrell Todd Truelove Turk Twitty Underwood of Bartow Underwood of
Montgomery Upshaw Veal Watson Wheeler Williams Willingham Willis Wilson of Towns Wilson of Peach Wooten Wright Young Mr. Speaker
Those not answering the roll call were Messrs. Deal, Duncan, Edenfield, Harrison of Wayne, Hendrix, Holley, McCracken, Parker, Singer and Weems.
Mr. Veal of Putnam, Acting 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.
Under the Provisions of House Resolution 72, the Speaker appointed as a Committee of Escort on the part of the House, the following members:
Messrs. Drinkard of Lincoln, Duke of Baldwin and Jessup of Bleckley.
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. Report 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.
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7. That the Speaker in his discretion, may call up any bill on the General Calendar in any order he deems advisable.
Mr. Odom of Camden asked unanimous consent that the following Bill of the House be withdrawn from the Committee on General Judiciary #2, read the second time, and recommitted to the Committee on State of Republic:
HB 183. By Messrs. Campbell and Coker of Walker:
A Bill to be entitled an Act to amend an Act relating to the issuance of marriage licenses; and for other purposes.
Objection was heard to the unanimous consent request.
Mr. Odom of Camden moved that House Bill No. 183 be withdrawn from the Committee on General Judiciary #2, read the second time, and recommitted to the Committee on State of Republic.
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 202. By Messrs. Groover of Bibb, Twitty of Mitchell and Ray of Warren:
A Bill to be entitled an Act to amend an Act creating the office of Solicitor General Emeritus and creating the Solicitors General Retire ment Fund of Georgia; and for other purposes.
Referred to the Committee on State of Republic.
HB 203. By Messrs. Turk of Wilcox, Bagby of Paulding, Hayes of Coffee, Free man of Monroe and Groover of Bibb:
A Bill to be entitled an Act to amend an Act relating to the admissibility of evidence, which shall provide that no evidence procured as the result of an unlawful search, seizure or arrest shall be admissible in evidence for any purpose, and for other purposes.
Referred to the Committee on General Judiciary #1.
HB 204. By Messrs. Turk of Wilcox, Hayes of Coffee, Freeman of Monroe and Groover of Bibb:
A Bill to be entitled an Act to amend an Act relating to the duties of Justices of the Peace, so as to require Justices of the Peace to keep a register of all search warrants issued by them, and for other purposes.
Referred to the Committee on General Judiciary #1.
HB 205. By Messrs. Kennedy of Turner, Foster of Clayton, Cloud of Decatur, Blalock of Clayton, Pettey of Pulaski, Murphey of Crawford and others:
A Bill to be entitled an Act to amend an Act relating to the applicability
MONDAY, JANUARY 23, 1956
265
of the real estate licensing law, so as to provide that such law shall be statewide in application; and for other purposes.
Referred to the Committee on State of Republic.
HB 206. By Mr. Strickland of Toombs:
A Bill to be entitled an Act to amend an Act relating to the return day of the writ of habeas corpus, so as to change the return day; and for other purposes.
Referred to the Committee on General Judiciary #1.
HB 207. By Messrs. Groover of Bibb, Chastain of Thomas, Blalock of Clayton and Coker of Cherokee: A Bill to be entitled an Act to provide for a physical examination as a prerequisite for employment by the State; and for other purposes.
Referred to the Committee on State of Republic.
HB 208. By Messrs. Lanier of Candler and Freeman of Monroe: A Bill to be entitled an Act to provide bonded certified public weighers at Tobacco Warehouses, and Livestock Auction Barns, and for other purposes.
Referred to the Committee on General Agriculture #1.
HB 209. By Mr. Odom of Camden: A Bill to be entitled an Act to authorize, empower and direct the City of Kingsland to close permanently certain alleys, and for other purposes.
Referred to the Committee on Municipal Government.
HB 210. By Mr. Gunter of Hall: A Bill to be entitled an Act to amend 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 211. By Messrs. Kelley and 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.
HB 212. By Messrs. Kelley and Kilgore of Gwinnett.
A Bill to be entitled an Act to provide for the compensation of the Sheriff, the Clerk of the Superior Court, ths Clerk of the City Court and the Ordinary of Gwinnett County, and for other purposes.
Referred to the Committee on Counties and County Matters.
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JOURNAL OP THE HOUSE,
HB 213. By Messrs. Kilgore and Kelley of Gwinnett:
A Bill to be entitled an Act to consolidate the offices of Tax Receiver and Tax Collector of Gwinnett County into the Office of Tax Commis sioner of Gwinnett County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 214. By Mr. Turk of Wilcox:
A Bill to be entitled an Act to amend an Act entitled An Act to in corporate the Town of Pineview in the County of Wilcox, and for other purposes.
Referred to the Committee on Municipal Government.
HR 76-214a. By Messrs. Lokey and M. Smith of Fulton:
A Resolution proposing an amendment to the Constitution fixing the terms of office of the Judges of the Superior Court of the Atlanta Judicial Circuit, and for other purposes.
Referred to the Committee on Amendments to Constitution #1.
HR 77-214b. By Messrs. Watson and Denson of Dougherty: A Resolution proposing an amendment to the Constitution so as to pro vide for the establishment of a sewage system in the City of Albany and Dougherty County; and for other purposes.
Referred to the Committee on Amendments to Constitution #1.
HR 78-214c. By Mr. Ray of Warren: A Resolution to compensate the estate of W. B. Shelton, and for other purposes.
Referred to the Committee on Special Appropriations.
HR 79-214d. By Messrs. Willis and Chastain of Thomas: A Resolution proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of Thomas County by districts; and for other purposes.
Referred to the Committee on Amendments to Constitution #1.
HR 80-214e. By Mr. Callier of Talbot: A Resolution authorizing payment for damages to Mr. Lincoln Fortune to a fish truck owned by Mr. Lincoln Fortune; and for other purposes.
Referred to the Committee on Special Appropriations.
HR 81-214f. By Messrs. Cheatham, Sognier and Eyler of Chatham, Dean of Rockdale, Chambers and Holley of Richmond, Barber of Jackson, Mackay and MeWhorter of DeKalb:
A Resolution proposing an amendment to the Constitution, providing
MONDAY, JANUARY 23, 1956
267
the courts of ordinary shall have such powers in relation to roads, bridges, ferries, public buildings, paupers, county officers, county funds, county taxes, and other county matters as may be conferred on them by law, and for other purposes.
Referred to the Committee on Amendments to Constitution #2.
HR 82-214g. By Messrs. Wright, Hall and Scoggin of Floyd:
A Resolution proposing an amendment to the Constitution so as to pro vide for the establishment and administration of a system of street lights for Ployd County by the Commissioner of Roads and Revenues, and for other purposes.
Referred to the Committee on Amendments to Cpnstitution #1.
HR 83-214h. By Messrs. Register and Mathis of Lowndes:
A Resolution proposing an amendment to the Constitution so as to pro vide for the election of members of the Lowndes County Board of Edu cation by the people; and for other purposes.
Referred to the Committee on Amendments to Constitution #1.
HR 84-214L By Messrs. Watson and Denson of Dougherty:
A Resolution proposing an amendment to the Constitution so as to pro vide for the establishment of a sewage system in the City of Albany and Dougherty County; and for other purposes.
Referred to the Committee on Amendments to Constitution #1.
HB 215. By Mr. Bentley of Cobb:
A Bill to be entitled an Act to amend an Act relating to Motor Vehicle licenses and registration, so as to change the annual fees for the licenses of passenger motor vehicles; and for other purposes.
Referred to the Committee on State of Republic.
HB 216. By Mr. Bodenhamer of Tift:
A Bill to be entitled an Act to repeal an Act entitled An Act to pro vide 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.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the House and Senate to wit:
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JOURNAL OF THE HOUSE,
SB 12. By Senator Parker of the 20th:
A Bill to amend the Act creating a Board of County Commissioners for Baldwin County so as to provide for Commissioner Districts; to provide for the procedure connected therewith; and for other purposes.
SB 13. By Senator McDonald of the 43rd:
A Bill relating to "Deposits of costs required in divorce cases", so as to change the amount of deposits; and for other purposes.
SB 16. By Senator Page of the 1st:
A Bill to regulate the practice of Chiropody, so as to provide for the qualifications of applicants for examination; to increase the State Board examination fee and the annual license renewal fee; and for other purposes.
SB 17. By Senator McDonald of the 43rd:
A Bill to provide for fees of clerks of the superior courts, so as to clarify the fee provisions pertaining to change of name proceedings; and for other purposes.
SB 21. By Senator Page of the 1st:
A Bill to amend an Act providing for the holding of primary elections in the City of Savannah for the selection of Mayor and Aldermen for said city; and for other purposes.
SB 25. By Senator McDonald of the 43rd:
A Bill revising the adoption laws for the State of Georgia; and for other purposes.
SB 28. By Senator Page of the 1st:
A Bill to alter and amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah; to fix, regulate and determine the term of office of the Recorder of the Police Court of the City of Savannah; and for other purposes.
SB 29. By Senator Page of the 1st:
A Bill to amend the Act approved August 18, 1919, relating to and incorporating the mayor and aldermen of the City of Savannah; to provide for elections; and for other purposes.
HB 21. By Mr. Greene of Crisp:
A Bill to amend an Act creating a new charter for the City of Cordele; and for other purposes.
HB 22. By Mr. Gates of Burke and others:
A Bill to amend an Act creating a new charter for the City of Waynesboro; and for other purposes.
MONDAY, JANUARY 23, 1956
269
HB 23. By Mr. Wilson of Peach:
A Bill to amend an Act creating a new charter for the City of Byron; so as to change and extend the corporate limits of the City of Byron from the present limits of one-half mile in every direction from the center of the freight and passenger depot of the Central of Georgia Railway Company; and for other purposes.
HB 26. By Mr. Twitty of Mitchell and others:
A Bill to amend an Act entitled "An Act to create a new charter for the City of Camilla", to close certain streets, etc; and for other pur poses.
HB 68. By Mr. Willingham of Cobb and others:
A Bill to set up a comprehensive zoning and planning system for the unincorporated areas of Cobb County; and for other purposes.
HB 69. By Mr. Willingham of Cobb and others:
A Bill to amend an Act creating a new charter for the city of Smyrna; and for other purposes.
Mr. Speaker: The Senate adopted the following Resolutions of the House to wit:
HR 61. By Messrs. Moate of Hancock, Groover of Bibb and others:
A Resolution expressing regrets for the illness of Joe Burton; and for other purposes.
HR 72. By Mr. Groover of Bibb:
A Resolution by the House, the Senate concurring that the House and Senate meet in joint session on Monday, January 23, 1956, at 11:45 o'clock a.m. for the purpose of hearing a budget message from His Excellency, S. Marvin Griffin; 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 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 201. Do Pass.
HB 180. Do Pass.
HB 198. Do Pass.
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JOURNAL OF THE HOUSE,
HB 199. 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 follow ing Bill of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendation:
SB 20. Do Pass, as amended. Respectfully submitted, Cocke of Terrell,
Chairman.
By unanimous consent, the following Bills of the House and Senate, favorably reported, were read the second time:
HB 180. By Mr. Dean of Rockdale: A Bill to be entitled an Act to amend an Act to create the office of Tax Commissioner of Rockdale County; and for other purposes.
HB 198. By Mr. Fain of Franklin:
A Bill to be entitled an Act to repeal an Act creating the office of Commissioner of Roads and Bridges and a Board of Finance for Frank lin County; and for other purposes.
HB 199. By Messrs. Barber and Short of Colquitt:
A Bill to be entitled an Act to create water districts in Colquitt County, each separate and distinct from the other, known respectively as the Sylvester Drive Water District, the East Moultrie Water District and South Moultrie Water District, and for other purposes.
HB 201. By Mr. Ivey of Newton:
A Bill to be entitled an Act to abolish the office of County Treasurer of Newton County; to transfer the duties of the office of Treasurer to the Commissioner of Roads and Revenue of said county; and for other purposes.
SB 20. By Senators Parker of the 20th, Deen of the 40th, Dykes of the 14th, Jones of the 18th, Kelley of the 35th, Turner of the 34th, Steis of the 25th, Ricketson of the 19th.
A Bill to be entitled an Act to amend an Act revising and consolidating
MONDAY, JANUARY 23, 1956
271
laws relative to Game and Pish, so as to permit the breeding of penraised quail for commercial purposes, and for other purposes.
The following Resolution of the House was read and adopted:
HE 85. By Mr. Groover of Bibb:
A Resolution calling for a Joint Session of the House and Senate to hear addresses by Congressman Davis and Congressman Flynt; and for other purposes.
By unanimous consent, the following Bills of the House, were taken up for consideration and read the third time:
HB 70. By Messrs. Sognier, Cheatham and Eyler of Chatham:
A Bill to be entitled an Act to amend the Juvenile Court Act, in counties having a population of 50,000 or more but less than 150,000; and for other purposes.
Messrs. Sognier, Cheatham and Eyler of Chatham move to substitute for HB 70, the following:
AN ACT
To amend the Juvenile Court Act, approved February 19, 1951 (Ga. Laws 1951, pp. 291-311), as amended, by striking the words "And exclusive" in the fifth line of Section 2 thereof in Georgia Laws of 1951 at page 293; by adding at the beginning of Section 3 thereof in Georgia Laws of 1951 at page 293 the words "Except as otherwise provided in Sections 3A and 3B"; by adding a new section to be known as Section 3A to provide for juvenile courts and judges thereof, their powers, authority, and jurisdiction, in counties having a popu lation of 150,000 or more but less than 300,000; by adding a new section to be known as Section 3B to provide for tha expiration of the terms of office of present juvenile court judges in counties having a popu lation of 150,000 or more but less than 300,000, for the transfer to the Superior Courts of cases pending in present juvenile courts in such counties, and for the turning over of the dockets, minutes, papers and records of present juvenile courts in such counties to the Superior Court Clerks; by adding a new section to be known as Section 38 to make said Juvenile Court Act, as amended, applicable in all courts to cases within the provisions of said Juvenile Court Act, as amended, and to make inconsistent or repugnant laws inapplicable to cases within the provisions of said Juvenile Court Act, as amended; by amending Section 30 thereof in Georgia Laws of 1951 at page 308 to provide for appeals from final judgments of Superior Court judges sitting as juvenile court judges; by specifying the effective dates of such amendments; by re pealing conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA, AND IT IS HEREBY ENACTED BY AUTHORITY OF THE SAME:
SECTION 1. The Juvenile Court Act, approved February 19, 1951 (Ga. Laws
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1951, pp. 291-311), as amended, is hereby amended by striking the words "and exclusive" in the fifth line of Section 2 thereof in Georgia Laws of 1951 at page 293, so that the first paragraph, being the un numbered paragraph, of said section as amended herein shall read as follows:
"Section 2. Creation: Counties having population of 50,000 or more: Construction, definitions of Chapter. In counties having a popu lation of 50,000 or more, by the last or any future United States census, juvenile courts are created and established with original jurisdiction in all cases coming within the terms and provisions of this Chapter. This Chapter shall be construed liberally and as remedial in character; and the powers hereby conferred are intended to be general to effect the beneficial purpose herein set forth."
SECTION 2.
The Juvenile Court Act, approved February 19, 1951, (Ga. Laws, 1951, pp. 291-311), as amended, is hereby amended by adding at the beginning of Section 3 thereof in Georgia Laws of 1951 at page 293 the words "Except as otherwise provided in Section 3A and 3B", so that the first paragraph, being the unnumbered paragraph, of said section as amended herein shall read as follows:
"Section 3. Judge: Appointment, term, salary, eligibility. Except as otherwise provided in Sections 3A and 3B, the judge or a majority of the judges of the Superior Court circuit presiding over the county wherein a juvenile court is established by this Act shall appoint the judge of the juvenile court for a term of six years and shall fix the compensation except in those counties wherein the salary of the judge is fixed by legislative Act; provided further that those judges who were serving in established juvenile courts as of December 31, 1950, shall continue to serve as judges of the said courts until the expiration of the terms of office to which they were appointed under the Juvenile Court Act of 1915 or amendments thereto, after the expiration of said terms, and shall be eligible for re-appointment, appointments shall be made by the judge of the superior court; Provided further that the salary of the juvenile court judge shall be paid out of county funds."
SECTION 3.
The Juvenile Court Act, approved February 19, 1951 (Ga. Laws, 1951, pp. 291-311), as amended, is hereby amended by adding a new section to be known as Section 3A to read as follows:
"Section 3A. Juvenile Courts in counties having a population of 150,000 or more but less than 300,000. In all counties having a popu lation of 150,000 or more but less than 300,000, by the last or any future United States census, the judge of the superior court shall sit as the juvenile court judge and hear all cases coming within the provisions of the Juvenile Court Act, approved February 19, 1951 (Ga. Laws, 1951, pp. 291-311), as amended. In the case of any such county within a superior court circuit which has more than one superior court judge, one of the superior court judges of said circuit shall be designated by a majority of said judges of the superior court for and presiding over such county to sit as the juvenile court judge, and the superior court judge so designated shall sit as the juvenile court judge and hear all
MONDAY, JANUARY 23, 1956
273
cases coming within the provisions of the Juvenile Court Act, approved February 19, 1951 (Ga. Laws, 1951, pp. 291-311), as amended. When sitting as the juvenile court judge, and in all matters connected with the organization of such court and with its personnel, said judge shall have and exercise the same powers, authority, and jurisdiction as those of juvenile courts established under the Juvenile Court Act, approved February 19, 1951 (Ga. Laws, 1951, pp. 291-311), as amended, and shall, in the exercise of said powers, authority, and jurisdiction, including the conduct of hearings, follow the procedure and practice prescribed in and by the Juvenile Court Act, approved February 19, 1951 (Ga. Laws, 1951, pp. 291-311) as amended. This Act shall create no new court or judge but shall merely specify and describe the powers, au thority, and jurisdiction of the judge sitting as the juvenile court judge and prescribe the occasion, manner, and procedure for exercise of such powers, authority and jurisdiction. This Act shall be construed to mean that the judge is presiding over a juvenile court of such county which he shall thereupon establish and conduct in accordance with the Juvenile Court Act, approved February 19, 1951 (Ga. Laws 1951, pp. 291-311), as amended."
SECTION 4.
The Juvenile Court Act, approved February 19, 1951 (Ga. Laws, 1951, pp. 291-311), as amended, is hereby amended by adding a new section to be known as Section 3B to read as follows:
"Section SB. Expiration of terms of office of present juvenile court judges and transfer of cases and records on effective date, in counties having a population of 150,000 or more but less than 300,000. In all counties having a population of 150,000 or more but less than 300,000, by the last or any future United States census, the respective terms of office of the judges of the juvenile courts shall expire on the effective date of this Act. All cases pending in the juvenile courts of such counties on the effective date of this Act are hereby transferred to the respective superior courts of such counties for further proceedings and disposition in accordance with this Act. All dockets, minutes, papers, and records of the juvenile courts of such counties on the effective date of this Act shall be turned over to the respective clerks of the superior courts of such counties."
SECTION 5.
The Juvenile Court Act, approved February 19, 1951, (Ga. Laws, 1951, pp. 291-311), as amended, is hereby amended by adding a new section to be known as Section 38 to read as follows:
"Section 38. Applicability of Juvenile Court Act; inconsistent or repugnant laws. The Juvenile Court Act, approved February 19, 1951 (Ga. Laws, 1951, pp. 291-311), as amended, shall govern the substantive rights of the parties and the procedure and practice to be followed in all courts of this State in all cases coming within the provisions of the Juvenile Court Act, approved February 19, 1951, (Ga. Laws, 1951, pp. 291-311), as amended. All laws and provisions of laws inconsistent with or repugnant to the Juvenile Court Act, approved February 19, 1951 (Ga. Laws 1951, pp. 291-311), as amended, shall be considered and held to be inapplicable to the cases arising under the Juvenile Court Act, approved February 19, 1951 (Ga. Laws 1951, pp. 291-311), as amended."
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SECTION 6.
The Juvenile Court Act, approved February 19, 1951 (Ga. Laws 1951, pp. 291-311), as amended, is hereby amended by adding at the beginning of Section 30 thereof in Georgia Laws of 1951 at page 308 the words "In all cases of final judgments of a superior court judge sitting as juvenile court judge, appeals shall be taken by writ of error to the Court of Appeals or Supreme Court of Georgia in the same man ner as other appeals from the superior court. In all other cases, "so that said section as amended herein shall read as follows:
"Section 30. Certiorari; supersedeas.--In all cases of final judg ments of a superior court judge sitting as juvenile court judge, appeals shall be taken by writ of error to the Court of Appeals or Supreme Court of Georgia in the same manner as other appeals from the Su perior Court. In all other cases, the writ of certiorari to the superior court shall lie to all final judgments of the juvenile court as now lie to justice or other inferior courts, but no direct writ of error shall lie to either of the appellate courts; Provided; that no such judgment or order shall be superseded, except in the discretion of the judge, but the judgment or order of the court shall stand until reversed or modified by the reviewing court; Provided further, that the pendency of a certiorari shall not preclude or prevent the juvenile court during the pendency of said certiorari, at a subsequent hearing for cause shown, to modify any judgment or order made, although the effect of such modification may be to suspend the certiorari."
SECTION 7. Effective date. This Act shall become effective January 1, 1957.
SECTION 8.
Conflicting laws. All laws and parts of laws in conflict with this Act be and the same are hereby repealed.
The Substitute was adopted.
The report of the Committee which was favorable to the passage of the bill, was agreed to, by substitute.
On the passage of the bill, by substitute, the ayes were 103, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 72. By Messrs. Sognier, Cheatham and Eyler of Chatham:
A Bill to be entitled an Act to amend Section 27-2703 of the 1933 Code of Georgia relating to the appointment of Probation Officers; and for other purposes.
The Committee on General Judiciary #1 moved to substitute for HB 72, the following:
MONDAY, JANUARY 23, 1956
275
AN ACT
To authorize the Grand Jury in all counties having a population of 150,000 or more but less than 300,000, by the last or any future United States census, to recommend the appointment of a County Pro bation Officer, Assistants, Administrative, Clerical, and other personnel; to empower the judge or judges of the Superior Courts to provide for the appointment of such officers and personnel; to prescribe their qualifications, duties, tenure, salary, and other conditions of employ ment, and bond; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA, AND IT IS HEREBY ENACTED BY AUTHORITY OF THE SAME:
SECTION 1.
In all counties having a population of 150,000 or more but less than 300,000, by the last or any future United States census, the Grand Jury may recommend to the judge or judges of the Superior Court of said counties, respectively, that said judge or judges appoint a County Pro bation Officer, and such assistants, including Administrative, Clerical, and other personnel, as may be deemed necessary, who shall perform such duties in relation to any civil case or proceeding pending in the Superior Court as the judge or judges of such court may direct, and it shall be the duty of said judge or judges to appoint such person or persons as seem best qualified for the respective duties devolving upon a probation officer and probation staff.
SECTION 2.
The compensation of such probation officers, Administrative, Cleri cal, and other personnel necessary for the execution of the purposes of this Act shall be fixed by said Superior Court Judge or Judges and shall be paid out of County funds, as part of the Court expenses. All appointments shall be made from eligible lists secured from the local merit board in those counties where such board exists or from lists established by competitive examinations conducted by the court. Their appointment, salary, tenure, and all other conditions of their employ ment shall be in accordance with the laws and regulations governing the merit system under which operated or such rules and regulations established by the Court. Any such personnel now employed may be retained at the discretion of said judge or judges. Any such employee of the court may be removed for cause by the judge or judges thereof, the reasons therefor to be assigned in writing.
SECTION 3.
The Court may require of any probation officer or employee ap pointed in accordance with the provisions of this Act a bond in such sum, with security, as the court may determine.
SECTION 4.
All laws and parts of laws in conflict with this Act be and the same are hereby repealed.
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The Substitute was adopted.
The report of the Committee which was favorable to the passage of the bill, by substitute, was agreed to.
On the passage of the bill, by substitute, the ayes were 104, nays 0.
The Bill, having received the requisite constitutional majority, by substitute, was passed.
HB 95. By Mr. Martin of Banks: A Bill to be entitled an Act to provide for compensation for the sheriff 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 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 96. By Mr. Matheson of Hart: A Bill to be entitled an Act to amend an Act entitled "An Act to create the office of Commissioner of Roads and Bridges and a Board of Finance for Hart County"; and for other purposes.
The report of the Committee which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 107. By Messrs. Young, Pickard and Nilan of Muscogee:
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 107, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 126. By Mr. Black of Webster:
A Bill to be entitled an Act to provide for the terms of court of the Webster County Superior Court; and for other purposes.
MONDAY, JANUARY 23, 1956
277
The report of the Committee which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 143. By Messrs. Holley, Chambers and Sanders 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 sheriff, the ordinary, the tax collector"; and for other purposes.
The report of the Committee which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 158. By Messrs. Duke and Massee of Baldwin:
A Bill to be entitled an Act to authorize the governing authority of Baldwin County to provide for zoning and planning; to authorize joint operation with the City of Milledgeville; and for other purposes.
The report of the Committee which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 159. By Mr. Moate of Hancock:
A Bill to be entitled an Act to consolidate the offices of Tax Receiver and Tax Collector of Hancock County into the office of Tax Commis sioner; and for other purposes.
The report of the Committee which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
By unanimous consent, the following Bills of the Senate were read the fjl'st time and referred to the Committees:
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SB 12. By Senator Parker of the 20th:
A Bill to be entitled an Act to amend an Act creating a Board of County Commissioners for Baldwin County, and for other purposes.
Referred to the Committee on Counties and County Matters.
SB 13. By Senator McDonald of the 43rd:
A Bill to be entitled an Act to amend an Act relating to Deposit of Costs Required in Divorce Cases, and for other purposes.
Referred to the Committee on General Judiciary #1.
SB 16. By Senators Page of the 1st and Steis of the 25th:
A Bill to be entitled an Act to amend an Act regulating the practice of Chiropody, so as to provide for the qualifications of applicants for examination, and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
SB 17. By Senator McDonald of the 43rd:
A Bill to be entitled an Act to amend an Act providing for fees of Clerks of the Superior Courts, and for other purposes.
Referred to the Committee on General Judiciary #2.
SB 21. By Senator Page of the 1st:
A Bill to be entitled an Act to amend an Act entitled An Act to provide for the holding of Primary Elections in the City of Savannah, and for other purposes.
Referred to the Committee on Municipal Government.
SB 25. By Senator McDonald of the 43rd:
A Bill to be entitled an Act to amend an Act revising the adoption laws for the State of Georgia; and for other purposes.
Referred to the Committee on General Judiciary #1.
SB 28. By Senator Page of the 1st:
A Bill to be entitled an Act to amend an Act relating to and incorpo rating the Mayor and Aldermen of the City of Savannah, and for other purposes.
Referred to the Committee on Municipal Government.
SB 29. By Mr. Page of the 1st:
A Bill to be entitled an Act to amend an Act relating to and incorpo rating the Mayor and Aldermen of the City of Savannah; to provide for the Registration of Voters, and for other purposes.
Referred to the Committee on Municipal Government:
MONDAY, JANUARY 23, 1956
279
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has adopted Resolution of the Senate to wit:
SR 20. By Senators Hollis of the 24th, Neel of the 7th and Overby of the 33rd:
A Resolution to congratulate the Commonwealth of Virginia for its leadership in the struggle to preserve the time-honored American con cept of State and local control over education.
Under the regular order of business, the following Bills and Resolutions of the House were taken up for consideration and read the third time:
HR 9-18L 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.
The previous question was ordered.
The main question was ordered.
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 3-18c. By Messrs. Groover of Bibb and Bloodworth of Houston:
A Resolution authorizing compensation to Horace Evans, Sr.; and for other purposes.
The following amendment was read and adopted:
Mr. Veal of Putnam moves to amend HR 3-18c by striking therefrom the figures $7,500, and inserting in lieu thereof the figures $3,750.00.
The previous question was ordered.
The main question was ordered.
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 107, nays 0.
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JOURNAL OF THE HOUSE,
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HR ll-18k. By Mr. Duke of Baldwin: A Resolution to compensate Felton Smallwood; and for other purposes.
The following amendment was read and adopted:
Mr. Veal of Putnam moves to amend HR ll-18k by striking therefrom the figures $150.50, and inserting in lieu thereof the figure $75.50.
The previous question was ordered.
The main question was ordered.
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 110, nays 0.
The Resolution, having received the requisite majority, was adopted, as amended.
HR 54-163c. By Messrs. Bolton and Lindsey of Spalding:
A Resolution compensating A. C. Bennett and Mamie Bennett; and for other purposes.
The previous question was ordered.
The main question was ordered.
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 1.
The Resolution, having received the requisite constitutional majority, was adopted.
HB 87. By Messrs. Sanders and Chambers of Richmond and Freeman of Monroe:
A Bill to be entitled an Act to amend an Act known as the "Juvenile Court Act", so as to provide that it shall be unlawful for any Juvenile Court Judge to act as an attorney in any manner or in any matter which is, has been or may be within the jurisdiction of his own court; and for other purposes.
The previous question was ordered.
The main question was ordered.
MONDAY, JANUARY 23, 1956
281
The report 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 117. By Mr. Denmark of Liberty:
A Bill to provide that hydraulic brake fluid shall be manufactured, processed, distributed, and serviced with due regard for the safety of occupants of vehicles and the general public; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 44, nays 69.
The Bill, having failed to receive the requisite constitutional majority, was lost.
Mr. Odom of Camden gave notice that at the proper time, he would move that the House reconsider its action in failing to pass HB 117.
The following Resolution of the Senate was read and adopted:
SE 20. By Messrs. Hollis of 24th, Neel of the 7th and Overby of 33rd:
A Resolution to congratulate the Commonwealth of Virginia for its leadership in the struggle to preserve the time-honored American con cept of State and local control over education; and for other purposes.
Under the provisions of HR 85, the Speaker appointed as a Committee of Escort on the part of the House, the following members:
Messrs. Dean of Rockdale, Lindsey of Spalding, Stripling of Coweta, and Rutland of DeKalb.
The hour of 11:45 having arrived, the Senate appeared upon the floor of the House, and the Joint Session convened for the purpose of hearing the Budget message from his Excellency, Governor S. Marvin Griffin, was called to order by the President of the Senate.
The Secretary of the Senate read the Resolution providing for the Joint Session.
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Accompanied by the Committee of Escort, Governor S. Marvin Griffin appeared upon the floor of the House and gave the following address:
LIEUTENANT GOVERNOR VANDIVER, SPEAKER MOATE AND MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA:
Today we begin consideration of a proposed new Appropriations Bill for the ensuing fiscal year beginning July 1, 1956.
As required by the Constitution of our State, my Budget Message to you at this time is accompanied by a draft of a proposed Appropri ations Bill.
I should like to say that since my message to you two weeks ago, I have spent considerable time conferring with state department offi cials, members of the General Assembly, the State Auditor and others, so as to present to you a Bill that represents the best efforts of the administration, giving due consideration to all of the problems which confront us.
First, permit me to outline my policy relative to fiscal affairs.
'
I believe in judicious economy in spending the people's tax money
so as to accomplish the most good for the greatest number.
When you examine the Bill which I am presenting to this General
Assembly, you will find this policy carried through from the caption
;
to the repealing clause.
This administration asks the enactment of no new revenue measures at this session.
We have enough money in hand and in sight, barring some unfore seen catastrophe, to finance the essential needs of all of the departments of the state government, provided this General Assembly cooperates with the governor in his determination to economize through holding spending to reasonable levels.
I will not approve any Appropriations measure which seeks to ex pend more money than the State can afford.
Operating the state government, or any government for that matter, is no different from running a crossroads store.
When expenses exceed what can reasonably be expected in income, you may expect serious trouble ahead.
The way to avoid trouble is to be realistic and that is exactly what this administration purposes to do in formulating an Appropriations Act.
I caution you to be on guard and resist all attempts to weaken the sound fiscal position and the solvency of this administration.
At a time when our institutions are under all-out attack we must remain strong.
A State, financially prostrate, would be easy prey for those who seek to destroy our heritage.
In order to remain sovereign, we must remain solvent.
MONDAY, JANUARY 23, 1956
283
Before I enter into a discussion of the Appropriations' Bill which has been prepared for your consideration, let me go back and give you some recent history and figures relative to Budget operations so that you may know where we stand at the present time and may gauge what we can safely afford to do in the coming fiscal year.
The last General Appropriations Act was passed at the JanuaryFebruary, 1953, session of the General Assembly.
This measure was divided into two sections.
The first section, which had first call on state revenue, appropriated about 230 millions of dollars.
The second, or contingent, section of the Act appropriated approx imately 28 millions of dollars.
Thus total appropriations made at that time amounted to $258,000,000.
When this administration came into office the level of expenditures under the 1953 Act was a little over $241,000,000.
We continued at this level until the beginning of the present fiscal year June 30, 1955.
Just before the start of this fiscal year, this General Assembly enacted measures producing additional revenue.
You will recall that you adopted a resolution designating how this additional money should be spent, stating the amount and to what de partments it should go.
I have followed this directive to the letter in allocation of funds since that time.
The effect of your resolution was to replace the contingent section of the Budget as set forth in the 1953 Appropriations Act.
At the beginning of this fiscal year, it was determined by Budget authorities that 69.6 per cent, or $29,500,000, of the $41,000,000 total of items set forth in your resolution could be budgeted this year.
Therefore we were able to increase allotments to these governmental functions in the following amounts:
Schools, $12,180,000, an increase of 11%.
University System, $3,132,000, an increase of 25%.
Teacher Retirement System, $348,000, an increase of 6%%.
State Highway Department, $9,248,000, an increase of 16%.
Public Health (including Battey Hospital and Eugene Talmadge Memorial Hospital), $2,088,000, an increase of 19%
Public Welfare Department for public assistance and state institu tions, $2,088,000, an increase of 8%.
And a slight increase of $348,000 for the Departments of Correc tions and Public Safety.
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Therefore, you can see that in the major departments during the current fiscal year sizeable percentage increases already have been made.
I call your attention particularly to the fact that even though common schools were increased about 11 per cent this year, the Board of Regents received a 25 per cent increase.
These extra funds were allotted to meet, rising demands of our people occasioned by a growing population.
Since the 1950 census, Georgia has added nearly 200,000 persons to her population and each year the life-span of our citizens is being extended.
This population growth means that we have more children entering our schools.
It means, too, that we have more persons seeking admission to Battey Hospital.
It means that we have more persons becoming eligible for welfare assistance.
And it means that we have more cars and trucks on the roads, necessitating vast highway outlays.
In fact, it means a constantly-rising demand for services which must be met all along the line.
In bringing these services to the people of Georgia it was necessary to employ additional personnel in the strictly service agencies of the state government during the last fiscal year. Virtually every one of these employees were employed to augment the staffs of our hospitals, welfare institutions, highway department, university system and state revenue department.
Accelerated activity in the four major departments of state govern ment is in direct ratio to the progress and development of our state.
That brings us up to the present day.
The current level of spending by your state government, taking into account the additions made under your resolution as passed during the extraordinary session, is at the rate of $271,350,000 annually.
Let me repeat that figure, our current rate of expenditures is a little over $271,000,000.
Determining a sound budget for the coming fiscal year, we must now give consideration to estimates of what the state income is likely to be during this period.
State Revenue Commissioner T. V. Williams has furnished me with an estimate of revenue that he expects to collect in the fiscal year be ginning July 1, 1956, and ending June 30, 1957.
This estimate is $261,106,000 exclusive of the items collected by other agencies of the State, such as insurance premium tax, drivers' license fees, agricultural fees, hunting licenses and others.
MONDAY, JANUARY 23, 1956
285
When the total collections of $10,262,000 by the other agencies are added to Commissioner Williams' estimate it brings the total anticipated revenue available for appropriation for the next fiscal year to $271,368,000.
This estimate of revenue is very little more than the present operating budget.
I have talked to the Revenue Commissioner about his estimate and he tells me that if we have a year of adversity, actual receipts may fall a few million short of his estimate, and that if we have an extra ordinarily good year, with an increase in business tempo all over the State, actual receipts may go two or three million higher than the estimate.
The Revenue Commissioner says that he cannot predict and that no one else can predict with any degree of accuracy what the changes enacted in the State Income Tax will produce in new revenue.
Mr. Williams cautions us to consider the fact that exemptions were increased and the corporate rate was decreased, offsetting to an appre ciable degree the gain which we would expect to receive by eliminating the federal deductions.
Care should be exercised in expecting too much additional revenue from this source because of these offsetting factors.
As Governor and Director of the Budget, I am thus confronted with the decision of recommending to you increases that we can make prudently and can pay in the next fiscal year.
After taking up the needs of each department item by item and carefully considering total needs as against total resources, I have arrived at a figure of $11,704,000 additional money that I believe we can appropriate safely for next years' operations.
Now, I want to make it clear that there is no assurance that we will have sufficient income to finance all of this increase, but I am prepared to utilize a portion of the surplus in meeting obligations which you might create to the extent of a total of $282,959,000.
While the $282,959,000 figure is about $11,000,000 above estimated income, it is the purpose of this administration to institute all practical economy measures recommended by the Economy Committee in order to achieve other savings.
I have utmost confidence in the ability of the Commissioner of Revenue to collect any and all monies due this state under present revenue measures.
I also believe that the material wealth of Georgia will increase to some extent during the coming year.
With the above factors in mind, I recommend to you for your con sideration a total budget of $282,959,000 for the fiscal year July 1, 1956, to June 30, 1957. This budget recommendation, the largest in the history of Georgia, is $11,704,000 more than is being expended at this time.
I ask that you do not increase this amount in the first section of the proposed appropriation act.
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JOURNAL OF THE HOUSE,
If monies are collected in excess of that anticipated, they will be paid in compliance with the provisions of the contingent section.
We come to a consideration of the most pressing needs of the departments and the allocation of a fair share of this additional revenue toward continuing essential services unabated and undiminished.
Our first and continuing consideration is to take care of the 30,000 additional children that are expected to enroll in our common schools next September making a total enrollment over the State of nearly 900,000 pupils.
A similar enrollment problem also confronts us in our University System.
Every time you hire an additional teacher it is necessary also to increase funds for both maintenance and operation and contributions to the Teacher Retirement System.
A constitutional provision requires that we appropriate to highways an amount equal to motor fuel and motor vehicle license revenues for the preceding fiscal year.
We have fixed items that must be included, namely, the cost of acquiring the new State Office buildings and the Talmadge Memorial Hospital, both of these totaling over $1% million dollars. Other funds must be provided for operation of these facilities.
More money must be provided to take care of the welfare assistance program and its administration.
The School for Mental Defectives at Gracewood is expanding and requires additional funds. A new Veterans facility at Milledgeville State Hospital, authorized by this General Assembly, is about ready for occupancy. Veterans going to the new building will leave 400 beds at the Hospital available for other patients, thus creating need for more money there.
We must not forget the $300,000 item recommended for the specific purpose of providing funds for the testing of farmer's livestock and paying indemnities for diseased livestock slaughtered.
I am sure that the members of the General Assembbly agree with my request for expansion of the Public Safety Department budget to provide for additional troopers to reduce the appalling death rate on our highways.
Then we face the unpleasant fact that the number of inmates in our State Prison System has increased from 2300 to 3500 since the passage of the last Appropriations Act.
Those, in brief, are our major problems which must be solved as far as resources will permit in adopting a new Appropriations Bill.
We are confronted with the necessity of operating on what money we have.
We must make an equitable distribution of all increases where they will get the most results for the taxpayer.
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287
Summarizing the annual Appropriations' Bill being submitted to you by main functions and citing the increases above the present regular operating budget, I give you the following information:
Agency
Proposed Budget Increase Above For Fiscal Year Present Regular Beginning 7-1-56 Operating Budget
Common Schools ._..______.___.______._.$122,100,000.00
University System ........_.._....,,..,,.,,._. 16,100,000.00
Teacher Retirement System _,,__._______ 6,750,000.00
Highways -.-___
67,112,000.00
Public Health _______
10,360,000.00
New Hospital--Augusta ........._,,.... 3,840,000.00
Public Welfare .. .
.,,
20,062,000.00
State Institutions ..............._........... 12,000,000.00
All Other Agencies __......_...,,...._._.____ 24,635,000.00
$ 5,001,000.00 1,069,000.00 1,170,000.00 2,126,000.00
-- 897,000.00 716,000.00
1,850,000.00 755,000.00
-- 86,000.00
$282,959,000.00
$11,704,000.00
My recommendations to you for the common schools and the Uni versity System of Georgia are made after careful study. I realize that much needs to be done if we are to provide our children with the edu cational opportunities to which they are entitled, and our young men and women with the tools which will enable them to assume positions of leadership and responsibility in this State.
For operation of the common schools I recommend an appropriation of $122,100,000, and for the state's part of teacher retirement $6,750,000.
For operation of the University System of Georgia I recommend an appropriation of $16,100,000. I also recommend that an additional $3,000,000 be set up under the Board of Regents for the operation of the Eugene Talmadge Memorial Hospital, and $840,000 be provided to retire the bonds on the construction of the hospital. This medical in stitution is used to train doctors and nurses and will prove a valuable asset to supplementing the teaching at the Georgia Medical College.
It is difficult to believe that the total appropriation for educational purposes has reached the astounding figure of $148,940,000 which repre sents approximately 53 per cent of the entire state budget.
Let me point out that through persistent trimming we have been able to effectuate substantial economies in some agencies and these savings were shifted to make possible a new Appropriation of $300,000 to the State Department of Agriculture for livestock disease control; another extra amount of $452,000 for expansion of the Public Safety Department and $344,000 additional for the State Prison System.
I have not proposed an appropriation for the annual cost of the new probation law that you have now under consideration. However, if this new legislation is approved by you, I request that you amend the Appropriations' Bill by adding to the Appropriation for the Pardons & Paroles Board the sum of $250,000 which it estimates will be required to operate this system annually.
Let me emphasize that the increases granted to the various de partments in the proposed Appropriations' Bill are commensurate with the basic percentages of state income now being received by them.
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JOURNAL OF THE HOUSE,
We must remember that 88 percent of the funds appropriated in this Bill go to the four main functions of government, namely, education, highways, health and welfare.
The remaining 12 percent of the total is for all other departments and agencies which include the legislature, the courts, public safety, revenue, prisons, agriculture and others. It is impossible to effectuate such reductions in the operation of these agencies to accumulate enough money to make available additional funds in expanding the big four departments.
In fact, you could abolish them all and you would still lack over $8,000,000 of having enough money to finance expenditures of the welfare department for one year alone.
There is included in the Appropriations' Bill a contingent section which contains the various additional needs that the agencies have re quested. These cannot, at the present time, be provided definitely in the first section, to do so would disrupt the financial operations of the State.
I believe that you will agree with me that the $11,704,000 increase in the first section of the Budget Bill is absolutely the limit of prospec tive income under the most favorable economic conditions.
Included in the proposed Appropriations' Bill under the sections for the State Board of Regents of the University System of Georgia and the State Board of Education are vitally important safeguards. These are prohibitions against spending appropriated funds for education except in such a manner as will guarantee the people of this State that separate schools will be maintained for the white and colored races.
This I am sure you will adopt.
The job is in your hands.
I am confident that our labors together will produce concrete results beneficial to the people of our State.
History will measure them as a substantial contribution to Georgia's strides forward.
Thank you and Godspeed in your deliberations.
Senator Hollis of the 24th District moved that the Joint Session be now dissolved and the motion prevailed.
The Speaker called the House to order.
Under the regular order of business, the following Bills of the House were taken up for consideration and read the third time:
HB 82. By Mr. Sanders of Richmond:
A Bill to be entitled an Act to amend an Act relating to the recording of conditional bills of sale; and for other purposes.
The previous question was ordered.
MONDAY, JANUARY 23, 1956
289
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 131, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
HB 83. By Messrs. Sanders and Chambers of Richmond and Fowler of Tift:
A Bill to be entitled an Act to amend an Act so as to provide for the trial of civil cases any time after appearance day by consent; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Under the regular order of business, the following Bill of the House was taken up for further consideration:
HB 10. By Mr. Roughton of Washington:
A Bill to be entitled an Act to amend an Act relating to Barbers and Beauticians; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, Mr. Roughton of Washington moved the ayes and nays, and the call was sustained.
The roll call was ordered, and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Bagby Barber of Jackson
Barker Baughman Birdsong
Blackburn Blalock Bolton
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JOURNAL OP THE HOUSE,
Caldwell Callier Campbell Cason Chastain
Clary
Cloud Cocke Coker of Cherokee Coker of Walker Cotton Coxwell Dean of Rockdale Been of Bacon Denmark
Denson Dozier Duke Elder Fain Floyd Fordham Foster Frier Garrard Green of Rabun Groover Gross of Stephens Gross of Dade Gunter Hall Hardaway Harrell Hayes Henderson Hogan
Hurst
Ivey Johnson of Gilmer Jones of Lumpkin Jones of Laurens Kelley Kennedy of Turner Key Kilgore Killian Killingsworth King of Pike Land Larkins Lavender Lindsey
Lokey
Lowe Mackay
Mallory Martin Mashburn Massee Matheson of Hart Mathis of Lowndes Mauldin McKelvey McWhorter Mincy Moorman Mull Murphey of Crawford Musgrove Nightingale Nilan Odom
Perkins Peters Pettey Pickard Ramsey Raulerson Reed Register Roughton Rowland Russell Rutland Sanders Scoggin Short Sivell Smith of Evans M. M. Smith of Fulton Souter Stewart Strickland Tanner
Tarpley Terrell Twitty Underwood of
Montgomery Upshaw Veal Wheeler Williams Willingham Wilson of Towns Wilson of Peach
Wright Young
Those voting in the negative were Messrs.:
Alien Ayers Barber of Colquitt Black Bloodworth Bodenhamer Carlisle Chambers Cheatham
Cornelius
Cowart Drinkard Eyler Flynt Fowler of Douglas Fowler of Tift
Freeman Gilleland Greene of Crisp Grimsley Harrison of Jeff Davis Hodges Jackson Johnson of Jenkins Jones of Worth Jones of Sumter King of Whitfield Kitchens Lam Lanier Long
Love
Matthews McGarity Murphy of Haralson Murr Palmer Peacock Potts Ruark Sognier Stephens of Clarke Stevens of Marion Stripling Tamplin Todd Wooten
MONDAY, JANUARY 23, 1956
291
By unanimous consent, the verification of the roll call was dispensed with.
On the passage of the Bill, the ayes were 116, nays 47.
The Bill, having received the requisite constitutional majority, was passed.
The following Resolution of the House was read and adopted:
HR 86. By Messrs. Green of Rabun, Duncan of Carroll and Fowler of Douglas:
A Resolution expressing sincere appreciation of the House of Repre sentatives to Mr. Walt Disney and all other producers who have recently made motion pictures in 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.
Leave of Absence was granted to Mr. Sheffield of Brooks for Tuesday, January 24, 1956.
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. Tuesday, January 24, 1956.
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 Alien Ayers Bagby Barber of Colquitt Barber of Jackson Barker Baughman Bentley Birdsong Black Blackburn Blalock Bloodworth Bolton Brannen Brown Caldwell Callier Carlisle Cason Gates Chambers Chastain Cheatham Cheek Clary Cloud Cocke Coker of Cherokee Coker of Walker Cornelius Cotton Cowart Coxwell Deal Dean of Rockdale Deen of Bacon Denmark Denson Dozier Drinkard Duke Duncan
Edenfield Elder Eyler Pain 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 Harrison of Jeff Davis Hayes Henderson Hendrix Hodges Hogan Holley Houston Huddleston Hurst
Ivey Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Worth Jones of Lumpkin Jones of Laurens Jones of Sumter
Jordan Kelley Key Kilgore Killian Killingsworth King of Whitfield King of Chattahoochee King of Pike Kitchens Lam Land Lanier Larkins Lindsey Lokey Long Love Lowe Mackay Mallory Martin Mashburn 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
TUESDAY, JANUARY 24, 1956
293
Palmer Pelham Perkins Peters Pettey Phillips of Columbia Phillips of Walton Pickard Potts Ramsey Raulerson Ray Reed Register Roughton Rowland Ruark Russell Rutland
Sanders Scoggin Short Sivell Smith of Evans Smith of Emanuel Hoke Smith of Fulton Sognier ^ Souter Stephens of Clarke Stevens of Marion Stewart Strickland Stripling Tamplin Tanner Tarpley Todd Truelove
Twitty Underwood of Bartow Underwood of
Montgomery Upshaw Veal Watson Weems Wheeler Williams Willingham Willis Wilson of Towns Wilson of Peach Wooten Wright Young
Those not answering the roll call were Messrs.: Bodenhamer, Campbell, English, Harrison of Wayne, Hawkins, Hudson, Kennedy of Turner, Kennedy of Tattnall, Lavender, Massee, Parker, Peacock, Rodgers, Sheffield, Singer, M. M. Smith of Fulton, Terrell, Turk, and Mr. Speaker.
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 busi ness 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:
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JOURNAL OF THE HOUSE,
HB 217. By Messrs. Hawkins of Screven, Stewart of Ben Hill, Turk of Wilcox and Greene of Crisp:
A Bill to be entitled an Act to amend an Act creating the office of Superior Court Emeritus, so as to provide for the eligibility of certain former judges; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 218. By Messrs. Fain of Franklin, Gross of Stephens and Strickland of Toombs:
A Bill to be entitled an Act to provide that the license of any whole saler, distributor or retailer of malt beverages, wines or intoxicating liquors shall be revoked upon the violation of any law pertaining to malt beverages, wines or intoxicating liquors; and for other purposes.
Referred to the Committee on Temperance.
HB 219. By Mr. Matthews of Clarke:
A Bill to be entitled an Act to amend an Act relating to the manu facture, sale and taxing of wine, and for other purposes.
Referred to the Committee on Ways and Means.
HB 220. By Messrs. Willingham of Cobb and Strickland of Toombs:
A Bill to be entitled an Act to amend an Act relating to the operation of bill of exceptions as supersedeas in civil cases; and for other purposes.
Referred to the Committee on General Judiciary #1.
HB 221. 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 Special Judiciary.
HB 222. By Mr. Ivey of Newton:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Covington, and for other purposes.
Referred to the Committee on Municipal Government.
HB 223. By Mr. Ivey of Newton:
A Bill to be entitled an Act to repeal an Act entitled An Act to in corporate the Town of Covington Mills, and for other purposes.
Referred to the Committee on Municipal Government.
HB 224. By Mr. Henderson of Atkinson: A Bill to be entitled an Act to amend an Act creating the office of
TUESDAY, JANUARY 24, 1956
295
Commissioner of Roads and Revenues in the County of Atkinson, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 225. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to amend an Act creating the Dublin Judicial Circuit, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 226. By Messrs. Cheatham, Sognier and Eyler of Chatham:
A Bill to be entitled an Act to amend the Charter of the Town of Pooler, and for other purposes.
Referred to the Committee on Municipal Government.
HB 227. 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 Counties and County Matters.
HB 228. By Messrs. Chambers, Holley and Sanders of Richmond:
A Bill to be entitled an Act to abolish the office of Tax Receiver and Tax Collector of Richmond County; to create the office of Richmond County Tax Commissioner; and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 229. By Messrs. Cheatham, Sognier and Eyler of Chatham:
A Bill to be entitled an Act to amend the charter of the Town of Pooler, and for other purposes.
Referred to the Committee on Municipal Government.
HB 230. By Mr. Underwood of Montgomery:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Montgomery County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 231. By Messrs. Cheatham, Sognier and Eyler of Chatham:
A Bill to be entitled an Act to amend the charter of the Mayor and Aldermen of the City of Savannah, relating to the Savannah Civil Service System, and for other purposes.
Referred to the Committee on Municipal Government.
HB 232. By Messrs. Williams and Gunter of Hall and Martin of Banks: A Bill to be entitled an Act to incorporate the City of Lula in the
296
JOURNAL OF THE HOUSE,
Counties of Hall and Banks; to grant a charter to said City; and for other purposes.
Referred to the Committee on Municipal Government.
HB 233. By Messrs. Williams and Gunter of Hall:
A Bill to be entitled an Act to amend the Charter of the City of Gainesville; to change the corporate name of said city; to abolish the office of mayor and councilmen and certain other offices of said city created by Legislative Enactment; to provide for a Commission Man ager form of Government for said city, and for other purposes.
Referred to the Committee on Municipal Government.
HB 234. By Messrs. Stripling of Coweta, Willingham of Cobb and Groover of Bibb:
A Bill to be entitled an Act to repeal an Act relating to the inquiry into offenses relating to obscene matter by indictment or presentment; and for other purposes.
Referred to the Committee on General Judiciary #2.
HB 235. By Mr. Bolton of Spalding:
A Bill to be entitled an Act to amend an Act relating to drunkenness in public places and other places, so as to make a change relative to drunkenness in private residences, and for other purposes.
Referred to the Committee on State of Republic.
HB 236. By Messrs. Stripling of Coweta, Willingham of Cobb and Groover of Bibb:
A Bill to be entitled an Act to repeal an Act establishing bastardy proceedings, and for other purposes.
Referred to the Committee on General Judiciary #2.
HB 237. By Messrs. Stripling of Coweta, Willingham of Cobb and Groover of Bibb:
A Bill to be entitled an Act to amend an Act relating to abandonment of children and the penalty therefor, so as to provide that said Act shall apply to illegitimate children; and for other purposes.
Referred to the Committee on General Judiciary #2.
HB 238. By Messrs. Young, Nilan and Pickard of Muscogee:
A Bill to be entitled an Act to amend an Act amending the charter of the City of Columbus, providing for the supervision, control and management of all of the facilities of said City for the collection, treatment and disposal of sanitary sewerage by the Board of Water Commissioners of said City; and for other purposes.
Referred to the Committee on Municipal Government.
TUESDAY, JANUARY 24, 1956
297
HB 239. By Messrs. Stripling of Coweta, Willingham of Cobb and Groover of Bibb:
A Bill to be entitled an Act to authorize the Attorney General, in his discretion, to order any Solicitor General to advise, counsel or repre sent certain officials and employees if charged, accused or indicted relative to the alleged violation of any federal statutes or investigated or questioned in any manner relative to certain matters; and for other purposes.
Referred to the Committee on State of Republic.
HB 240. By Messrs. Gunter and Williams of Hall:
A Bill to be entitled an Act to provide that the Commissioners of Roads and Revenues of Hall County, shall, in their discretion, have power and authority to call and provide for the holding not more than once in each calendar year of an advisory referendum in which the qualified voters of Hall County can express their opinion, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 241. By Messrs. Groover of Bibb, Chastain of Thomas, Lavender of Elbert and Coker of Cherokee:
A Bill to be entitled an Act to dispose of the Confederate Soldiers' Home; to provide for the care of the widows now living in this home in private nursing homes, and for other purposes.
Referred to the Committee on State of Republic.
HB 242. By Messrs. Twitty and Palmer of Mitchell:
A Bill to be entitled an Act to provide that the Mayor and Council of the City of Camilla shall have the power to designate by appoint ment the person, firm or corporation to be City Treasurer of Camilla, and for other purposes.
Referred to the Committee on Municipal Government.
HB 243. By Messrs. Moate of Hancock, Willingham of Cobb, Groover of Bibb, Coker of Cherokee, and Sheffield of Brooks:
A Bill to be entitled an Act to make General Appropriations to pay the cost of operations of the State Government for the ensuing fiscal year, and for other purposes.
Referred to the Committee on Appropriations.
HB 244. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A Bill to be entitled an Act to enable DeKalb County to establish a planning commission and to enable the several municipalities lying wholly within the limits of DeKalb County to establish joint planning commissions with the County; and for other purposes.
Referred to the Committee on Counties and County Matters.
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JOURNAL OP THE HOUSE,
HB 245. By Messrs. McWhorter, Rutland and Mackay of DeKalb:
A Bill to be entitled an Act to amend an Act to create and establish in DeKalb County Districts from which the members of the County Board of Education of DeKalb County shall be elected by the voters of such districts; and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 246. By Messrs. McWhorter, Rutland and Mackay of DeKalb:
A Bill to be entitled an Act to fix, prescribe and establish compensation and/or salaries of the Elective County Officials of and in the County of DeKalb, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 247. By Messrs. Sognier and Cheatham of Chatham, Sanders and Chambers of Richmond, Russell of Barrow and Nightingale of Glynn:
A Bill to be entitled an Act to amend an Act relating to the qualifica tions of applicants to stand the State Bar examination, and for other purposes.
Referred to the Committee on General Judiciary #1.
HB 248. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A Bill to be entitled an Act to authorize the establishment of more than one election precinct in a Militia District in certain counties, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 249. By Messrs. Bolton of Spalding, Underwood of Bartow, Upshaw of Bartow, Mauldin of Gordon, Coker of Cherokee, Campbell of Walker and many others:
A Bill to be entitled an Act to amend an Act relating to the recording of conditional bills of sale, and for other purposes.
Referred to the Committee on General Judiciary #1.
HB 250. By Messrs. Bolton and Lindsey of Spalding:
A Bill to be entitled an Act to repeal an Act authorizing the Commis sioners of the City of Griffin to close and vacate a portion of a certain street in the City of Griffin, and for other purposes.
Referred to the Committee on Municipal Government.
HB 251. By Messrs. Bolton and Lindsey of Spalding:
A Bill to be entitled an Act to provide for an expense allowance for the members of the Board of Commissioner of Roads and Revenues of Spalding County; and for other purposes.
Referred to the Committee on Counties and County Matters.
f
TUESDAY, JANUARY 24, 1956
299
HB 252. By Messrs. Bolton and Lindsey of Spalding:
A Bill to be entitled an Act to amend an Act creating the charter of the City of Griffin, to extend the city and corporate limits and bound aries certain areas adjacent to the present corporate limits, and for other purposes.
Referred to the Committee on Municipal Government.
HB 253. By Mr. H. Smith of Fulton:
A Bill to be entitled an Act to amend an Act entitled An Act to pro vide for the use of voting machines for casting, registering, recording and computing ballots of votes at all elections in certain counties, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 254. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A Bill to be entitled an Act to amend an Act known as the Voters Registration Act, in certain counties, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 255. By Messrs. Moate of Hancock, Groover of Bibb, Odom of Camden, Hawkins of Screven, Baughman of Early and many others:
A Bill to be entitled an Act to fix the domicile of corporations, engaged in publishing newspapers, magazines and other periodicals; to fix the venue of actions in tort against such corporations; and for other purposes.
Referred to the Committee on State of Republic.
HB 256. By Messrs. Lokey and H. Smith of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, relating to elections, and for other purposes.
Referred to the Committee on Municipal Government.
HB 257. By Mr. Lokey of Fulton:
A Bill to be entitled an Act to amend an Act relating to the time, place and manner of holding Public Sales of Property under execution, and for other purposes.
Referred to the Committee on Public Property.
HB 258. By Messrs. Lokey and Hoke Smith of Fulton:
A Bill to be entitled an Act to amend an Act authorizing the estab lishment 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.
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JOURNAL OP THE HOUSE,
HB 259. By Messrs. Lokey and Hoke Smith of Fulton:
A Bill to be entitled an Act to amend an Act relating to the filing of a written demand as a prerequisite to the bringing of any suit at law or equity against any municipal corporation for injuries to person or property and the suspension of the running of the statute of limita tions during the time that the demand for payment is pending, and for other purposes.
Referred to the Committee on General Judiciary #1.
HB 260. By Messrs. Lokey and Hoke Smith 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 in certain counties, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 261. By Messrs. Lokey, M. Smith and H. Smith of Fulton:
A Bill to be entitled an Act to amend the Uniform Act Regulating Traffic on Highways, so as to authorize cities to adopt ordinances regulating traffic within the corporate limits of such cities, and for other purposes.
Referred to the Committee on Public Highways #1.
HR 87-261a. By Messrs. M. Smith and H. Smith of Fulton:
A Resolution proposing an amendment to the Constitution so as to authorize municipal corporations to adopt as ordinances for such municipalities all or any part of the State traffic laws and to enforce the same as ordinances of such municipalities are enforced; and for other purposes.
Referred to the Committee on Amendments to Constitution #2.
HR 88-261b. By Messrs. Kelley and Kilgore of Gwinnett:
A Resolution compensating Ernest and Dorothy Brooks for damages and for other purposes.
Referred to the Committee on Special Appropriations.
HR 89-261c. By Messrs. Kelley and Kilgore of Gwinnett:
A Resolution to compensate Mr. George H. Verner, Mr. Arthur E. Verner and Miss Anne E. Verner; and for other purposes.
Referred to the Committee on Special Appropriations.
HR 90-261d. By Messrs. Cheatham, Eyler and Sognier of Chatham:
A Resolution authorizing compensation to Theolia F. Todd for damages; and for other purposes.
Referred to the Committee on Special Appropriations.
TUESDAY, JANUARY 24, 1956
301
HE 91-261e. By Mr. Kennedy of Turner:
A Resolution to compensate C. R. Strickland of Ashburn for damages to his truck, and for other purposes.
Referred to the Committee on Special Appropriations.
HR 92-261f. 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.
HR 93-261g. By Mr. Peacock of Dodge: A Resolution to compensate Hal S. Martin for the damages inflicted upon his automobile, and for other purposes.
Referred to the Committee on Special Appropriations.
HR 94-261h. By Mr. Barber of Jackson:
A Resolution to compensate Mr. Lamar Jamerson for injuries, and for other purposes. Referred to the Committee on Special Appropriations.
HR 95-26H. By Mr. Barber of Jackson:
A Resolution to compensate the Jackson Electric Membership Coopera tive for damages to electric transmission lines; and for other purposes.
Referred to the Committee on Special Appropriations.
HR 96-261J. By Messrs. Bodenhamer and Fowler of Tift:
A Resolution to relieve J. T. Bruce, J. C. Barfield and H. H. Gill, as sureties; and for other purposes.
Referred to the Committee on General Judiciary #2.
HB 262. By Messrs. Poster and Blalock of Clayton:
A Bill to be entitled an Act to amend an Act entitled An Act to in corporate the Town of Forrest Park, and for other purposes.
Referred to the Committee on Municipal Government.
HB 263. By Messrs. Land of Wilkinson, Gates of Burke, Tamplin of Morgan and Key of Jasper:
A Bill to be entitled an Act to provide for the licensing of manufac turers, bottlers and distributors of bottled soft drinks and soft drink syrup; to provide a license and renewal fee, to provide for the suspen sion and revocation of such licenses; and for other purposes.
Referred to the Committee on General Agriculture #1.
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JOURNAL OF THE HOUSE,
HB 264. By Messrs. Birdsong and Lam of Troup:
A Bill to be entitled an Act to amend an Act establishing a pension and retirement system for the employees of Troup County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 265. By Mr. Groover of Bibb:
A Bill to be entitled an Act to create the Georgia Residential Home Builders Commission in counties having a population of 30,000 or more, or any county which has a city within its limits having a popu lation in excess of 17,500, and for other purposes.
Referred to the Committee on State of Republic.
HB 266. By Mr. Groover of Bibb:
A Bill to be entitled an Act to provide for the partial abatement of the gross premium tax levied against insurance companies, and for other purposes.
Referred to the Committee on State of Republic.
HB 267. By Messrs. Moate of Hancock and Groover of Bibb:
A Bill to be entitled an Act to require that all common carriers of pas sengers for hire in intrastate travel providing waiting room and recep tion room facilities, shall provide separate accommodations for white and colored passengers traveling in intrastate travel; and for other purposes.
Referred to the Committee on State of Republic.
HB 268. By Messrs. Moate of Hancock and Groover of Bibb:
A Bill to be entitled an Act to require that all persons traveling in intrastate travel occupy or use only the waiting rooms marked and provided for such persons; and for other purposes.
Referred to the Committee on State of Republic.
HB 269. By Mr. Groover of Bibb:
A Bill to be entitled an Act to amend an Act concerning the Creation, Declaration and enforcement of Laborers' and Materialmen's liens by providing that liens shall be created in favor of registered land sur veyors and registered professional engineers performing or furnishing services as such, and for other purposes.
Referred to the Committee on State of Republic.
HB 270. By Mr. Groover of Bibb:
A Bill to be entitled an Act to amend an Act relating to the application for the registration of motor vehicles, so as to remove the provisions
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303
relative to including the amount of all liens against motor vehicles and the name and address of the lien holders, and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 271. By Messrs. Moate of Hancock and Groover of Bibb:
A Bill to be entitled an Act to amend an Act relating to common car riers of passengers for hire, and for other purposes.
Referred to the Committee on State of Republic.
HB 272. By Mr. Groover of Bibb:
A Bill to be entitled an Act to authorize and empower the counties of this State, acting by and through their respective governing authori ties, to exercise the powers of condemnation and eminent domain with respect to the acquisition of any property for any public purpose for which said respective counties may lawfully expend Public Funds; and for other purposes.
Referred to the Committee on General Judiciary #2.
HB 273. By Mr. Cocke of Terrell:
A Bill to be entitled an Act to amend the Charter of the City of Dawson, and for other purposes.
Referred to the Committee on Municipal Government.
By unanimous consent, the following Committee Reports were submitted and read:
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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 103. Do Pass, as amended. SB 24. Do Pass. HB 119. Do Pass. HB 122. Do Pass. HB 149. Do Pass.
Respectfully submitted, McGarity of Henry, Chairman.
Mr. McGarity of Henry County, Chairman of the Committee on General Agriculture #2, submitted the following report:
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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 195. Do Pass, as amended.
Respectfully submitted,
McGarity of Henry,
Chairman.
Mr. Nightingale of Glynn County, Chairman of the Committee on Amend ments to the Constitution No. 2, submitted the following report:
Mr. Speaker:
Your Committee on Amendments to the Constitution No. 2 has had under consideration the following Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recom mendations :
HR 32- 96e. Do Pass.
HR 59-163h. Do Pass.
HR 81-214f. Do Pass.
Respectfully submitted,
Nightingala of Glynn,
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 Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 141. Do Pass.
HB 142. Do Pass.
Respectfully submitted,
Jackson of Jones,
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
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305
following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 71. Do Pass, as amended. HB 66. Do Not Pass.
Respectfully submitted, Carlisle of Bibb, Chairman.
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 18- 64c. Do Pass.
HR 57-163 f. Do Pass.
HR 45-129a. Do Pass.
Respectfully submitted, Moorman of Lanier,
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 165. Do Pass. HB 166. Do Pass. HB 160. Do Pass. HB 108. Do Pass. HB 97. Do Pass. HB 120. Do Pass. HB 123. Do Pass. HB 125. Do Pass. HB 144. Do Pass. HB 162. Do Pass. HB 178. Do Pass.
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JOURNAL OF THE HOUSE,
HB 209. Do Pass. HB 150. Do Pass. HB 179. Do Pass. HB 200. Do Pass. SB 29. Do Pass. SB 21. Do Pass. SB 28. Do Pass. HB 214. Do Pass.
Respectfully submitted, Hoke Smith of Fulton,
Chairman.
Mr. Drinkard of Lincoln County, Chairman of the Committee on State of Republic, submitted the following report: Mr. Speaker:
Your Committee on State of Republic has had under consideration the fol lowing Bills and Resolutions of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recom mendations:
SB 1. Do Pass. SB 2. Do Pass. SB 3. Do Pass. SB 4. Do Pass. SB 5. Do Pass. SB 6. Do Pass. SB 8. Do Pass. SB 9. Do Pass. HB 184. Do Pass. HB 185. Do Pass. HB 188. Do Pass, as amended. HB 192. Do Pass, by substitute. HR 62. Do Pass, as amended.
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:
TUESDAY, JANUARY 24, 1956
307
HB 71. By Messrs. Sognier, Cheatham and Eyler of Chatham:
A Bill to be entitled an Act to require all defendants in bastardy, wife-beating, and abandonment cases that are tried in Superior Court in this State to be tried on accusations and to provide that indictments may not be demended in such courts for defendants charged with the offenses of bastardy, wife-beating and abandonment.
HB 97. 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, relating to funds for improvements in the Department of Parks, and for other purposes.
HB 103. By Messrs. Groover of Bibb and Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act relating to concentrated commercial feeding stuffs, so as to redefine concentrated commercial feeding stuff; and for other purposes.
HB 108. By Messrs. Hoke Smith, Hamilton Lokey and M. M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta; providing that the Mayor and Board of Aldermen shall have full and complete power and authority to sell, exchange, farm out, lease, rent or in any way alien property and facili ties dedicated to and used as parks, playgrounds, golf courses, and for other purposes.
HB 119. By Mr. Murphy of Haralson:
A Bill to be entitled an Act to be known as the "Georgia Food Act", relating to foods and drugs; and for other purposes.
HB 120. By Messrs. Murr and Jones of Sumter:
A Bill to be entitled an Act creating the charter for the City of Americus, and for other purposes.
HB 122. By Messrs. Lanier of Candler and Smith of Evans:
A Bill to be entitled an Act to amend an Act relating to the employ ment and compensation of a veterinary surgeon or expert, so as to pro vide that the Commissioner of Agriculture shall determine the com pensation of such veterinary surgeon or expert; and for other purposes.
HB 123. 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 to the abutting owner on the west the fee simple title to that part of Bay Avenue in said City, and for other purposes.
HB 125. By Mr. Brown of Telfair:
A Bill to be entitled an Act to amend an Act creating the City Charter of McRae; and for other purposes.
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JOURNAL OF THE HOUSE,
HB 141. By Messrs. Duke and Massee of Baldwin and Jackson of Jones:
A Bill to be entitled an Act to amend an Act relating to the restoration to sanity of insane persons; relating to lunacy trials of persons at Milledgeville State Hospital, and for other purposes.
HB 142. By Messrs. Duke and Massee of Baldwin and Jackson of Jones:
A Bill to be entitled an Act to amend an Act relating to a commission to examine persons for whom guardianship is sought or committal to the Milledgeville State Hospital is sought, and for other purposes.
HB 144. By Messrs. McKenna, Groover and Carlisle of Bibb:
A Bill to be entitled an Act to amend an Act entitled An Act to re-enact the charter of the City of Macon and for other purposes.
HB 149. By Messrs. Mobley and Gates of Burke, McGarity of Henry and Barber of Colquitt:
A Bill to be entitled an Act to amend an Act entitled An Act to pro vide for certified public weighers, and for other purposes.
HB 150. By Messrs. McKenna, Carlisle and Groover of Bibb:
A Bill to be entitled an Act to amend an Act entitled An Act to re-enact the charter of the City of Macon, and for other purposes.
HB 160. By Mr. Birdsong and Lam of Troup: A Bill to be entitled an Act to amend an Act entitled An Act to create a new charter for the City of West Point, and for other purposes.
HB 162. 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, so as to annex territory to the corporate limits, and for other purposes.
HB 165. By Messrs. Duncan and Perkins of Carroll:
A Bill -to be entitled an Act to amend the Charter of the City of Villa Rica, by extending the City limits, and for other purposes.
HB 166. By Messrs. Duncan and Perkins of Carroll:
A Bill to be entitled an Act to surrender the Charter of the Town of Fullerville Incorporated, in the County of Carroll, and for other pur poses.
HB 178. By Messrs. Houston and King of Whitfield:
A Bill to be entitled an Act to amend an Act entitled An Act to author ize the Mayor and Council of the City of Dalton to levy a tax for the purpose of establishing and maintaining public schools in and for the municipality of Dalton, and for other purposes.
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309
HB 179. By Messrs. Houston and King of Whitfield:
A Bill to be entitled an Act to amend an Act relating to the Charter of the City of Dalton; establishing the corporate limits for the City of Dalton, and for other purposes.
HB 184. By Messrs. Groover of Bibb, Lavender of Elbert, Blalock of Clayton, Coker of Cherokee and Chastain of Thomas:
A Bill to be entitled an Act to repeal an Act entitled An Act to create the Georgia Citizens Council, to coordinate volunteer civilian war and post-war programs and to promote the development of human resources in the State; and for other purposes.
HB 185. By Messrs. Groover of Bibb, Lavender of Elbert, Blalock of Clayton, Coker of Cherokee, and Chastain of Thomas:
A Bill to be entitled an Act to amend an Act enumerating the duties of the State Treasurer, so as to provide that he may pay out money on warrants countersigned by the Deputy Comptroller General; and for other purposes.
HB 188. By Messrs. Groover of Bibb, Lavender of Elbert, Blalock of Clayton, Coker of Cherokee and Chastain of Thomas:
A Bill to be entitled an Act to repeal an Act creating a State Division of Confederate Pensions and Records, so as to abolish the office created thereby, and for other purposes.
HB 195. By Messrs. Twitty of Mitchell, Mauldin of Gordon, Ray of Warren, Phillips of Columbia, Key of Jasper and Hudson of Irwin:
A Bill to be entitled an Act to regulate the labeling, sale, offering, exposing or transporting for sale of agricultural, vegetable, flower, tree and shrub seeds; and for other purposes.
HB 200. 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.
HB 192. By Messrs. Groover of Bibb, Lavender of Elbert, Blalock of Clayton, Coker of Cherokee and Chastain of Thomas:
A Bill to be entitled an Act to amend an Act providing a uniform method of fixing, limiting and restricting the salaries, allowances and travel expenses of certain State officials, so as to provide that addi tional compensation for board membership shall not be authorized unless the Act or Resolution creating same shall specifically provide for such additional compensation; and for other purposes.
HB 209. By Mr. Odom of Camden:
A Bill to be entitled an Act to authorize, empower and direct the City of Kingsland to close permanently certain alleys, and for other pur poses.
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JOURNAL OF THE HOUSE,
HB 214. By Mr. Turk of Wilcox:
A Bill to be entitled an Act to amend an Act entitled An Act to in corporate the Town of Pineview in the County of Wilcox, and for other purposes.
SB 1. By Senator Overby of the 33rd:
A Bill to be entitled an Act to provide for closing of public schools in any county, city or independent school system; to provide for grants for educational purposes to children of school age in such county, city or independent school system; and for other purposes.
SB 2. By Senator Overby of the 33rd:
A Bill to be entitled an Act to provide that it shall be a misdemeanor for any person to enter upon any state-owned or operated property where such property has been closed to the public on executive order by the Governor, and for other purposes.
SB 3. By Senator Overby of the 33rd:
A Bill to be entitled an Act to provide for the leasing of school property of any county, city or independent school system for private educa tional purposes.
SB 4. By Senator Overby of the 33rd:
A Bill to be entitled an Act to amend an Act creating the State School Building Authority; so as to authorize the subleasing of any structure, building or facility of the authority for private educational purposes, and for other purposes.
SB 5. By Senator Overby of the 33rd:
A Bill to be entitled an Act to authorize the State or any county, municipal corporation or other political subdivision thereof to sell, lease, grant, exchange or otherwise dispose of any property or interest therein comprising parks, playgrounds, golf courses, swimming pools, or other property which has been dedicated to a public use for any pur pose, or which has been dedicated to such a use by any private person or corporation and later acquired by the State, and for other purposes.
SB 6. By Senator Overby of the 33rd:
A Bill to be entitled an Act to amend an Act creating the Teacher Retirement System, by providing for the admission of teachers in , privately operated nonsectarian schools to said system; and for other purposes.
SB 8. By Senator Overby of the 33rd:
A Bill to be entitled an Act to prohibit operation of any private school without a certificate from State Fire Marshal that buildings do not constitute fire hazards; and for other purposes.
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311
SB 9. By Senator Overby of the 33rd:
A Bill to be entitled an Act to amend an Act creating the Department of Commerce, so as to provide for the compensation of the Secretary of the Board of Commissioners of the Department of Commerce, and to create the office of Assistant Secretary; and for other purposes.
SB 21. By Senator Page of the 1st:
A Bill to be entitled an Act to amend an Act entitled An Act to pro vide for the holding of Primary Elections in the City of Savannah, and for toher purposes.
SB 24. By Senators Dean of the 40th and Matthews of the 47th:
A Bill to be entitled an Act to amend an Act regulating and govern ing the feeding of garbage to livestock and regulating and governing the rendering of the carcasses of dead domestic animals, and for other purposes.
SB 28. By Senator Page of the 1st:
A Bill to be entitled an Act to amend an Act relating to and incorporat ing the Mayor and Aldermen of the City of Savannah, and for other purposes.
SB 29. By Mr. Page of the 1st:
A Bill to be entitled an Act to amend an Act relating to and incor porating the Mayor and Aldermen of the City of Savannah; to pro vide for the Registration of Voters, and for other purposes.
HR 62. By Messrs. Sheffield of Brooks, Moate of Hancock, and Groover of Bibb:
A Resolution creating a committee for the purpose of discussing com mon problems with members of Legislatures from certain other States; and for other purposes.
HR 18-64c. By Mr. Green of Rabun:
A Resolution to designate a bridge across U. S. Highway 23 or 441 at the city limits of Dillard, Georgia as the Dr. Lester Neville Bridge, and for other purposes.
HR 32-96e. By Messrs. Chambers and Sanders of Richmond:
A Resolution proposing an amendment to the Constitution so as to confer upon the Supreme Court and Court of Appeals jurisdiction to review by writ of error all final judgments and adjudications ren dered by Juvenile Courts; and for other purposes.
HR 45-129a. By Mr. Blackburn of Habersham:
A Resolution designating a certain bridge as the "Judge I. Homer Sutton Bridge;" and for other purposes.
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JOURNAL OF THE HOUSE,
HR 57-163f. By Messrs. Killian and Nightingale of Glynn:
A Resolution to designate a portion of State Route #32 as the Harrell Highway, and for other purposes.
HR 59-163h. By Messrs. Nightingale and Killian of Glynn:
A Resolution proposing an amendment to the Constitution to provide that the Homestead Exemption shall not apply to taxes which are assessed and collected by the taxing authorities of Glynn County for the support and maintenance of education as recommended by the Glynn County Board of Education, and for other purposes.
HR 81-214f. By Messrs. Cheatham, Sognier and Eyler of Chatham, Dean of Rockdale, Chambers and Holley of Richmond, Barber of Jackson, Mackay and McWhorter of DeKalb:
A Resolution proposing an amendment to the Constitution, providing the courts of ordinary shall have such powers in relation to roads, bridges, ferries, public buildings, paupers, county officers, county funds, county taxes, and other county matters as may be conferred on them by law, and for other purposes.
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 180. By Mr. Dean of Rockdale:
A Bill to be entitled an Act to amend an Act to create the office of Tax Commissioner 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 103, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 198. By Mr. Fain of Franklin:
A Bill to be entitled an Act to repeal an Act creating the office of Commissioner of Roads and Bridges and a Board of Finance for Frank lin County; and for other purposes.
The report 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 201. By Mr. Ivey of Newton: A Bill to be entitled an Act to abolish the office of County Treasurer of Newton County; and for other purposes.
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313
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Freeman of Monroe asked unanimous consent that the House reconsider its action in failing to pass the following Bill of the House:
HB 117. By Mr. Denmark of Liberty:
A Bill to provide that hydraulic brake fluid shall be manufactured, processed, distributed, and serviced with due regard for the safety of occupants of vehicle and general public; and for other purposes.
The unanimous consent request was granted.
Mr. Groover of Bibb moved that the following Bills of the House be with drawn from the Committee on Education #1, read the second time, and recommitted:
HB 189. By Messrs. Groover of Bibb, Coker of Cherokee and Chastain of Thomas:
A Bill to be entitled an Act to amend an Act known as the Minimum Foundation Program for Education Act; and for other purposes.
HB 191. By Messrs. Groover of Bibb, Lavender of Elbert, Blalock of Clayton, Coker of Cherokee and Chastain of Thomas:
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 motion prevailed, and the Bills were withdrawn, read the second time, and recommitted.
Mr. Groover of Bibb moved that the following Resolution of the House be withdrawn from the Committee on State of Republic, read the second time and recommitted:
HR 65-194b. By Messrs. Groover of Bibb, Lavender of Elbert, Blalock of Clayton, Coker of Cherokee, and Chastain of Thomas:
A Resolution to authorize and direct the Department Heads and the governing authorities of the various State Departments to investigate and implement the recommendations of the Joint Economy Com mittee; and for other purposes.
The motion prevailed, and the Resolution was withdrawn, read the second time and recommitted.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
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Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the House to wit:
HB 24. By Messrs. Gates and Mobley of Burke:
A Bill to be entitled an Act to amend an Act establishing the City Court of Waynesboro, and for other purposes.
HB 33. By Mr. Clary of McDuffie:
A Bill to be entitled an Act to provide for the terms of the Superior Court of McDuffie County, and for other purposes.
HB 38. By Mr. Huddleston of Payette:
A Bill to be entitled an Act to consolidate the offices of Tax Receiver and Tax Collector of Fayette County into the office of Tax Commis sioner of Fayette County, and for other purposes.
HB 40. By Mr. Stevens of Marion:
A Bill to be entitled an Act to provide for the terms of court of the Superior Court of Marion County; and for other purposes.
HB 41. By Mr. Green of Rabun:
A Bill to be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Rabun County into the office of Tax Commissioner of Rabun County; and for other purposes.
HB 42. By Mr. Green of Rabun:
A Bill to be entitled an Act to authorize the governing authority of the City of Clayton to lease certain property owned by the City of Clayton, known as the "Golf Course Property" for public recreational purposes for a period of not in excess of 99 years; and for other purposes.
HB 44. By Mr. Barker of Heard:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Heard County, so as to remove the provisions relative to districts, and for other purposes.
HB 50. By Mr. Murphy of Crawford:
A Bill to be entitled an Act to amend an Act relating to the amount of county-wide school tax which shall be received by the tax receiver in certain counties so as to increase the amount of county-wide school tax to be received by the tax receiver from one and one-fourth to two and one-half percent; and for other purposes.
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315
HB 62. By Mr. Veal of Putnam:
A Bill to be entitled an Act to amend the Charter of the City of Eatonton, and for other purposes.
HB 63. By Mr. Hurst of Quitman:
A Bill to be entitled an Act to amend an Act incorporating the Town of Georgetown, and for other purposes.
HB 64. By Mr. Murphey of Crawford:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Roberta, and for other purposes.
The Senate has adopted the following Resolutions of the House to wit:
HR 73. By Messrs. Nightingale of Glynn and Freeman of Monroe: A Resolution relative to the Governor's Mansion, and for other purposes.
HR 74. By Messrs. Turk of Wilcox, Mobley of Burke and Groover of Bibb:
A Resolution commending Honorable John H. Druffel, United States District Judge for the Southern District of Ohioj for his statesmanship in refusing to supinely surrender to the absurd directives of the Sixth Circuit Court of Appeals, and for other purposes.
HR 85. By Mr. Groover of Bibb:
A Resolution calling for a Joint Session of the House and Senate to hear addresses by Rep. Davis and Rep. Flynt.
Mr. Speaker:
The Senate has adopted, by substitute, the following resolution of the House to wit:
HR 9. By Messrs. Moate of Hancock, Harrison of Wayne and Scoggin of Floyd:
A Resolution requesting Congress to regulate the reduction in Cotton Acreage allotments and to return agricultural technicians provided under the "Point Four" program and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the Senate to wit:
SB 15. By Senators Dean of the 40th, Matthews of the 47th and Chance of the 51st:
A Bill to regulate the sale of coal, coke and charcoal; to provide a penalty for violation; and for other purposes.
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JOURNAL OF THE HOUSE,
SB 27. By Senators Dean of the 40th, Matthews of the 47th and Chance of the 51st:
A Bill to be entitled an Act to provide that all meat, meat products, fish and poultry offered or exposed for sale, or sold, shall be by net weight only; to provide for exceptions; to repeal conflicting laws; and for other purposes.
SB 30. By Senator Lambert of the 28th:
A Bill to provide for the prohibition of the owning, controlling or holding by certain companies of more than 15% of voting stock of banks as defined therein and of bank holding companies as defined therein; and for other purposes.
SB 33. By Senator Hollis of the 24th:
A Bill to be entitled an Act to provide for the continuance of cases pending in the courts of this State in which the Attorney General is of counsel when the Attorney General and his staff are occupied in aid of the business of the General Assembly; to repeal conflicting laws; and for other purposes.
SB 42. By Senator Overby of the 33rd:
A Bill to be entitled an Act to define "registered mail" as including "certified mail"; and for other purposes.
SB 38. By Senator McDonald of the 43rd:
A Bill to amend the Code of Georgia, relating to larceny or theft, by adding a new code section to provide that wilful concealment of unpurchased goods or merchandise shall be a misdemeanor, and that dis covery of such wilful concealment shall be prima facie evidence of violation of this Act; and for other purposes.
SB 43. By Senator Overby of the 33rd:
A Bill to be entitled an Act to approve an Executive Order of the Governor of July 8, 1955, suspending in part the tax levied by the Act approved June 30 1955 (Ga. L. 1955, Extraordinary Session, p. 57) against licensees under the Act known as the "Georgia Industrial Loan Act" Ga. L. 1955, p. 431 to limit the tax levied under said Act as pro vided by said order; to define interest collected; and for other purposes.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:
SB 15. By Senators Dean of the 40th, Matthews of the 47th and Chance of the 51st:
A Bill to be entitled an Act to regulate the sale of coal, coke, and charcoal; and for other purposes.
Referred to the Committee on State of Republic.
TUESDAY, JANUARY 24, 1956
317
SB 27. By Senators Dean of the 40th, Matthews of the 47th and Chance of the 51st:
A Bill to be entitled an Act to provide that all meat, meat products, fish and poultry offered or exposed for sale, or sold, shall be by net weight only; and for other purposes.
Referred to the Committee on General Agriculture #1.
SB 30. By Senator Lambert of the 28th:
A Bill to be entitled an Act to provide for the prohibition of the owning, controlling or holding by certain companies of more than 15% of voting stock of banks as defined therein and of bank holding companies as defined therein, and for other purposes.
Referred to the Committee on Banks and Banking.
SB 33. By Senator Hollis of the 24th:
A Bill to be entitled an Act to provide for the continuance of cases pending in the courts of this State in which the Attorney General is of counsel when the Attorney General and his staff are occupied in aid of the business of the General Assembly, and for other purposes.
Referred to the Committee on State of Republic.
SB 38. By Senator McDonald of the 43rd:
A Bill to be entitled an Act to amend an Act relating to larceny or theft, and for other purposes.
Referred to the Committee on General Judiciary #1.
SB 42. By Senator Overby of the 33rd: A Bill to be entitled an Act to define "registered mail" as including "certified mail", and for other purposes.
Referred to the Committee on Special Judiciary.
SB 43. By Senator Overby of the 33rd:
A Bill to be entitled an Act to approve an Executive Order of the Governor of July 8, 1955, suspending in part the tax levied by the Act approved June 30, 1955, against licensees under the Act known as the "Georgia Industrial Loan Act", and for other purposes.
Referred to the Committee on Ways and Means.
Under the regular order of business, the following Bill of the House was again taken up for consideration:
HB 27. By Mr. Twitty of Mitchell:
A Bill to be entitled an Act creating a Board to be known as The State Board of Dispensing Opticians; and for other purposes.
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JOURNAL OF THE HOUSE,
Mr. Smith of Emanuel moved the previous question and the call was sus tained.
The following amendments were read and adopted:
Mr. Twitty of Mitchell moves to amend HB 27 by striking the following language in Line 4 of Section 8 to-wit: "has been continuously so engaged since January 1, 1955" and insert in lieu thereof the fol lowing: "is so engaged at the time of the passage of this Act."
Mr. McWhorter of DeKalb moves to amend HB 27 by striking Section 7 in its entirety and substituting in lieu thereof the following: "It shall be lawful for a dispensing optician to advertise; provided that such optician dispenser does not advertise in any manner that would tend to mislead or deceive the public or that would in any manner discredit others in the eye care field.
"It shall also be unlawful for any dispensing optician, either di rectly or indirectly, to participate in any manner in the division, as signment, rebate, splitting or refunding of service fees or cost of com pleted eye-glasses or parts thereof, with a physician, optometrist, or other person or persons."
The main question was ordered.
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 11.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Under the regular order of business the following Bill of the Senate was taken up for consideration and read the third time:
SB 20. By Senators Parker of the 20th, Dean of the 40th, Dykes of the 14th, Jones of the 18th, Kelly of the 35th, Turner of the 34th, Steis of the 25th, Ricketson of the 19th, Lovett of the 16th, and Matthews of the 47th, and others:
A Bill to be entitled an Act to amend an Act revising and consolidating laws relative to game and fish, so as to permit the breeding of penraised quail for commercial purposes; and for other purposes.
The following amendment was read and adopted:
The committee on Game and Fish, moves to amend SB 20 by striking there from the first paragraph of Section 1 preceding the colon, and substituting in lieu thereof the following:
"Section 1. An Act completely and exhaustively revising, super seding and consolidating the laws relating to the State Game and Fish Commission and game and fish, approved March 7, 1955 (Ga. Laws 1955, p. 483), is hereby amended by renumbering Section 120, the
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repealer section, as Section 121 and by adding a new section to be numbered Section 120 and to read as follows:
Section 2. By striking therefrom Section 2.
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, the Speaker ordered the ayes and nays, and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Ayers Bagby Barber of Colquitt Barker Baughman Bentley Black Blackburn Blalock Bloodworth Bolton Brannen Brown Caldwell Campbell Carlisle Cason Gates Chambers Chastain Cheatham Clary Cloud Cocke Coker, of Cherokee Coker of Walker Cornelius Cotton Cowart Coxwell Dean of Rockdale Deen of Bacon Denmark Denson Drinkard Duke Edenfield Elder Eyler Fain
Floyd Flynt Fordham Foster Fowler of Douglas Fowler of Tift Frier Garrard Gillis Green of Rabun Greene of Crisp Groover Gross of Stephens Gross of Dade Gunter Hall Harrell Harrison of Jeff Davis Hayes Henderson Hodges Hogan Holley Houston Huddleston Hurst Ivey Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Worth Jones of Lumpkin Jones of Laurens Jones of Sumter Jordan Kelley Key Kilgore Killingsworth King of Whitfield King of Chattahoochee
King of Pike Kitchens Land Larkins Lindsey Lokey Long Lowe Mackay Mallory Martin Mashburn Matheson of Hart Mathis of Lowndes Matthews Mauldin McCracken McKelvey McKenna McWhorter Mincy Mobley Moore Moorman Mull Murphey of Crawford Murphy of Haralson Murr Musgrove Nilan Odom Palmer Pelham Perkins Peters Pettey Phillips of Columbia Phillips of Walton Pickard Potts Ramsey Raulerson
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Ray Reed Register Roughton Rowland Russell Rutland Sanders Scoggin Short Sivell Smith of Evans Smith of Emanuel
Sognier Stephens of Clarke Stevens of Marion Stewart Strickland Stripling Tamplin Tanner Tarpley Terrell Todd Twitty
Underwood of Montgomery
Upshaw Watson Weems Wheeler Williams Willingham Willis Wilson of Towns Wilson of Peach Wooten Young
Those voting in the negative were Messrs.:
Freeman Killian
Nightingale Hoke Smith of Fulton
Wright
On the passage of the Bill, as amended, the ayes were 163, nays 5.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Roughton of Washington rose to a Point of Personal Privilege and addressed the House.
A rising vote of thanks was accorded Representative Roughton by the House and his remarks were ordered incorporated in the Journal as follows:
I rise to a point of personal privilege to defend the character and integrity of the membership of the General Assembly and this Admin istration.
According to the Atlanta Journal, last evening January 23, 1956, page 10--columns 6 and 7, the Methodist ministers Association of Greater Atlanta passed a resolution against us, condemning us and our actions as "Undemocratic and Unamerican". Among other things they accused us of "destroying the School System", of extremely poor States manship in trying to "legislate in a mood of fear and frustration", and called on us to "seek some constructive solution to the social problem that confronts the State".
I submit to you, Gentlemen of the House, those are serious charges. I want to reply to them as a methodist minister, not as a representative at this time. I want to preface my remarks with a little personal his tory, so that the brethren may known that I am not a "Hill Billy" from the back woods some place.
I received my training for the methodist ministry in a college, two universities and two theological seminaries. I have been licensed to preach since 1923. I am a full fledged methodist minister now and in good standing. I have never been asked to leave a church. I am serving my present church for the 9th year.
I say these things not to brag but to say this, "that I yield to no
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man in my love and loyalty of the methodist church." Now back to those charges that the brethren have brought against us: (1) "Un democratic"--I would like to say to the gentlemen that we are here as the result of the processes of our democratic elections. We were elected by the majority of our people of our counties. Most of us had opposition, but we are here at the wishes of our people. Any time our people think we are not democratic and do not properly represent them they can leave us at home and send someone else in our place. We have taken an oath to uphold and defend the Constitution of the State of Georgia and of the United States.
Governor Herman Talmadge, 1953, appointed a Georgia Commission on Education composed of some of the best leaders and Statesmen of our State to study this problem. This Commission invited spokesmen of all organizations and groups and also individuals to come before it and present any ideas or plans that they might have to solve this problem. They gave everybody an opportunity to speak and to be heard. Wasn't that democratic? Then the best legal minds in our State set about to draft the Bills we have before us.
The bills were introduced first in the Senate and followed the regular democratic procedure. Before the committee there was open and free discussion and anyone could have proposed amendments or substitutes at that time. Then on the Senate floor there was open and free debate. Is that democratic? They came from the Senate with a unanimous vote. In the House they were referred to the committee on the State of Republic. They v/ere before this committee yesterday at the very time that these Methodist preachers were condemning us for being undemocratic. The Chairman was asking if there was any dis cussion or amendments. I repudiate and resent the charge that we have been undemocratic.
(2) Un-American--As for the charge of un-Americanism, I would like to say some of my ancestors fought for the freedom of this Country and my two grandfathers shed blood in the Confederate army. My father was in the Spanish-American War and I saw service in World War I and checking the record I find 131 members of this General Assembly had service in one or another branch of our military estab lishments. I will stack the patriotism and Americanism of this group up against any group I know of anywhere.
(3) "Destroying the School System"--We admit that our school system is one of the "Chief Fruits of our American Democracy", but I would remind the brethren that it got to that place as a "segregated system" and our American civilization has risen to its present level because of its democratic processes. We are going to do everything in our power through these democratic processes to see that our schools remain segregated.
(4) "Legislating in a mood of fear and frustration". Personally, I don't know of any member of this House that is afraid of anybody or anything. And as for the "frustration", I think the members of this House and General Assembly are about as level headed, soberminded, conscientious and capable a group of men I have ever had the privilege of associating with, and I have attended a lot of confer ences of the Methodist church. Brethren we are not frustrated but we are dead in earnest.
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(5) "Poor Statesmanship" and "constructive solution of the social problem", Dr. Earle Strickland, Pastor of First Methodist Church of College Park, was the author of this resolution condemning us for what we are doing. If he is such a great Statesman and so full of "construc tive solution to our social problems" why under High Heaven has he not come forward and made himself available to the committees and commission that has been wrestling with this problem for months.
The hour of 1200 having arrived, the Senate appeared upon the floor of the House, and the Joint Session convened for the purpose of hearing addresses from Congressmen John J. Flynt, Jr., and James C. Davis, was called to order by the President of the Senate.
The Secretary of the Senate read the Resolution providing for the Joint Session.
Accompanied by the Committee of Escort, Congressmen Flynt and Davis appeared upon the floor of the House.
LT. GOVERNOR VANDIVER, MR. SPEAKER MOATE, MEMBERS OF THE SENATE AND HOUSE OF REPRESENTATIVES OF THE GENERAL ASSEMBLY, MY FELLOW GEORGIANS:
I bring you greetings from the Georgia delegation in the House of Representatives of the United States Congress--the distinguished and charming lady from the 8th District and the nine men, including myself. I shall not attempt to speak for any of them in my remarks which follow--but I know at least some of them concur in the thoughts I shall bring to you.
As for myself, I stand here in complete humility, fully cognizant of my many shortcomings, my faults and my failures. At the same time, a feeling of pride pulsates through my body. This feeling of pride is motivated by the fact that I once served as a member of this General Assembly and that my colleague, Judge Davis, and I now have been invited to address you in Joint Session--an honor and an invitation which, so far as I know, has never before been extended to a Member of Congress from Georgia. I am truly honored, and I am deeply and sincerely grateful, I hope that I deserve it--I pray that I always shall.
A moment ago I reminded you that I once served in this General Assembly. I would be derelict in my duty to you if I did not tell you that I considered it then as I consider it now--one of the greatest privileges and honors which can be conferred on a Georgia citizen. I have been a member of many groups and I bear witness to the fact that I have never served with nor known a finer or more dedicated group of men and women than the 258 other members of the General Assembly with whom I served in 1947-8. I know you of this present General Assembly measure up to or surpass the General Assembly in which I served.
You are the equal in ability, in intelligence, in appearance and in courage to any House and Senate in the nation, including the Senate and House of Representatives of the Congress of the United States-- and I believe you are superior to most.
But, my fellow Georgians, you did not invite me down here to
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conduct a lodge meeting of a Mutual Admiration Society! You invited me to come back home, among my home people, and to discuss with you, and I emphasize to discuss with you, the bill now pending in Congress known as H. R. 7535, called the Kelley Bill, sometimes called the Fed eral Aid to Education Bill, sometimes called the School Construction Assistance Act of 1955.
Let's briefly discuss this legislation.
Very seriously, if I could be shown one good reason why I should support this legislation, I might do it. However, I've studied this bill backwards and forward, up and down, front to back, back to front, from cover to cover, left to right, right to left, from Rabun Gap to Tybee Light; from Vogel Park to Attapulgus, from the Okefenokee Swamp to Lookout Mountain; and I cannot find one thing in it that looks like good legislation to me!
On the contrary, it has the earmarks of the most insidious, treach erous and vicious group of words ever assembled as one document since Karl Marx wrote Das Kapital and Earl Warren wrote the Supreme Court opinion which he delivered on that Black Monday, the 17th of May, 1954. In my opinion, these two documents can be very closely compared upon careful analysis, and the philosophy of the one is just as communistic as the philosophy of the other.
This bill, which in a sense is an effort to bolster the weak posi tion of the Supreme Court decision, is a hydra-headed, five-fanged, cloven-hoofed and forked-tailed combination of polecat, mad dog and rattlesnake. It strikes not only at the vitals of our way of life in Georgia, but stabs cold steel into the heart of the United States Con stitution. It tolls the death knell of State Sovereignty; all the whole shedding alligator tears, and at the same time laughing the hyena-like laugh of a madman who has just destroyed his dearest possession and now envisions its total and permanent destruction.
A reckless charge? Listen to this language--and I quote from the bill itself:
. "SEC. 103 (a) Any State which desires to accept the benefits of this title shall submit to the Commissioner, through its State educa tional agency, a State plan which shall . . ." and then proceeds to specifically list seven sub-paragraphs including "a provision for fiscal control and establishment of certain standards".
My fellow Georgians, need I tell you and need I define their defi nition of "fiscal control" and the "establishment of standards"?
Under this same provision, Section 103 of the bill as drawn, the Commissioner of Education is empowered and authorized to write any regulations he desires and to require any such reports from State edu cation departments notwithstanding the language of the statute and not withstanding any other provision of law.
Why, this places more power in one man, the Commissioner of Edu cation than a Caesar, a Hitler and a Mongolian potentate ever had all put together. Its advocates say there is a right of appeal from any unjust decision. What kind of an appeal? One that would wind up in the Supreme Court of the United States, and you know what that court would do, since they have shattered the Constitution of the United
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States, destroyed the Bill of Rights, overturned every known legal precedent, and have adopted in their stead the crazy, pseudo-sociological reasoning of a Swedish Communist named Gunnar Myrdal, who by his own admission hates America and everything which forms a part of the American Way-of-Life.
That unlimited and unrestricted power it gives the Commissioner of Education is bad enough, but that is the least of the three principal objections to it.
Number two of the principal objections is that it would confirm by an Act of Congress the line of the Supreme Court decision which says each State must integrate its public schools, and destroy every element of local self-government and local self-determination--including the greatest of all freedoms--the freedom of choice. It would destroy the right of a sovereign State and its people to be let alone by outside meddlers and interlopers who are interfering with a matter of which they have nothing but a smattering of ignorance.
To force Georgia and eleven other sovereign States to comply with that decision and with the philosophy embraced in this Federal Aid to Education Bill would destroy the progress we have made in both edu cation and solution of race problems and shatter beyond repair the educational, social, religious and economic life of every State where integration and de-segregation is forced on a people against their will-- and I believe I speak accurately and correctly when I say against the will of the overwhelming majority of both the white and Negro people in every State in the South.
And before I go any further, I want to state without any reserva tion, or evasion, that I am here and now willing to take a solemn oath that I hold no malice, hatred or prejudice whatsoever in my heart or mind or soul against any man or group of men, living or dead, because of his race or the color of his skin. I think I have demonstrated and proved that by nearly 20 years as a lawyer, an Assistant United States Attorney, as a soldier in the United States Army, Solicitor General, member of the General Assembly and Member of Congress. In each instance over these twenty years--indeed over the 41 years of my life-- I have sought to give to every man and woman every dignity to which he is entitled as a human being and every right to which he is entitled as an American citizen.
And, yet, I just as firmly and sincerely believe that to completely integrate in communities and states where each race constitutes a large proportion of the population would unquestionably weaken both races and even destroy one or both.
No nation in the history of mankind has ever mixed and amalga mated two races without destroying itself, all of its people and both races in the process. Carthage, Egypt and Rome are examples. People now inhabit each of the areas once populated by the Carthagenians, the Egyptians and the Romans, but they are no more like their ancient counterparts than day is like night, and their national strength and power are long since gone and forgotten.
Yes, I'm willing to take such an oath that I have no prejudice, malice or hatred against any person or race; and I'm willing to take yet another solemn oath--that I will expend every ounce of my strength, every drop of my blood, even my life itself to resist the efforts of the
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United States Supreme Court to force complete integration on the people of Georgia against our will; and I'll not knowingly vote for a Bill in Congress which I believe is designed to do just that.
Those are two reasons why I oppose the Federal Aid to Education Bill, but they both fade into insignificance compared with reason num ber three, which I'll come to in just a minute.
But before I go to Reason Number Three, I want to say this to the thousands of school teachers and school administrators:
If and when the Federal Government and the United States Com missioner of Education take over control of our schools that this same United States Commissioner of Education in his little white tower will take charge of the hiring and firing, standards of teaching, prescribed courses of study, salary scales and every phase of our educational sys tem; and in my considered opinion and in my best judgment, we shall be not nearly so well off in Georgia as we are now.
There is not a state in the United States which has made the progress in education that has been made in Georgia in the past ten years. We can only judge the future by the past. I am confident that the progress in education in Georgia will continue and that in Georgia our educational system will be equal to any and superior to most.
Georgia is a desirable place in which to belong to the teaching profession. I'll make this statement and let the statisticians tear it apart--There are more alumni of schools located outside of Georgia teaching in and seeking employment in Georgia schools than there are Georgia college graduates teaching in at least twenty other states. They come into Georgia from all over the United States, because (1) Georgia is a good place in which to live; (2) it is a good place in which to teach; (3) they like it better here than anywhere else and (4) they are here by their own choice and of their own free will and accord. This applies to white and Negro teachers alike.
Now about 'the Negro members of the teaching profession in Geor gia. There are more Negro school teachers in Georgia and South Caro lina together than there are in New York, Pennsylvania, Indiana, Ohio, Illinois, Minnesota, Wisconsin, California and Michigan combined; and the combined population of that latter group of States has over ten times the total population in Georgia and South Carolina.
I once asked a Negro school teacher friend of mine why he came to teach in Georgia instead of going to some other state. He was a good teacher and a highly intelligent person, and his honest reply was this: "I couldn't get a job up there teaching. Up there they love me as a race and hate me as a person; down here you segregate my race, but you respect me as a person and as a human being." He might have added, but he didn't, that he and his wife and children are not a race--they are people and human beings.
If Georgia should be suddenly forced to desegregate, the group which would suffer most would be the thousands of Negro teachers in Georgia and the many more thousands of Negro school children who are today getting a better education than they would anywhere else in the world. My fellow Georgians, the results would be utter chaos and you know it.
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Now comes Reason Number Three why I expect to vigorously oppose H. R. 7535 and any companion bill, substitute or counterpart:
THERE IS ABSOLUTELY NO CONSTITUTIONAL AUTHOR ITY FOR IT, either expressed or implied. Nowhere in the Constitution of the United States of America is there any delegation of power to Congress or to any branch of the Federal Government to operate or support a public school system. That is a right and also a power absolutely reserved and guaranteed to the several states to operate, support and maintain as each of the several states shall determine and decide.
Congress has absolutely no constitutional authority, power or right to appropriate money to operate schools within the states or to support them and exactly no constitutional authority, power or right to use tax money to pay such an appropriation.
The skeptics and the wide-eyed dreamers will immediately shout-- "What difference does it make whether it's Constitutional or not?"
And I'll just as quickly reply, "It makes all the difference in the world. If the Federal Government, by Act of Congress, can support, operate, maintain or construct schools in the school system of the sev eral states and have that declared to be constitutional and a part of either the expressed or implied powers of Congress--then grab your hats, and let's go; it's all over. The lid has blown sky high and there is no limit or restriction on the power of the Federal Government."
If that happens, the last stanchion, the last bulwark, the last sym bol of the sovereign rights of a sovereign state, like Georgia, is gone and gone forever. There'll be no calling it back.
If that happens, they might as well abolish all 48 state constitutions, all 48 state General Assemblies, the courts of law and order of the 48 states, and the rights and privileges of every individual citizen. If that happens they might as well close up all 48 governors offices and tell all 48 state governors, it's all over boys--you are out of a job.
If that happens, the American Bill of Rights is shattered and gone too--because if they can effectually abolish state control of schools, they can just as easily abolish habeas corpus, trial by jury, freedom of speech and press, freedom of religion and every other personal right and emblem of liberty which no human being ever had guaranteed before the American Bill of Rights was added to the United States Constitution.
And when that time comes, we'll be a totalitarian government like Germany under Hitler and Russia under the Communists.
The thing that has made and preserved us a great nation is the fundamental premise that the United States is an indissoluble union of INDESTRUCTIBLE STATES. Our Federal government is based upon the inviolate concept of separation of powers so that neither the Executive, the Legislative or the Judicial branch can go completely wild and destroy the sovereign rights of the sovereign states.
And there'll be no one left to stop it. The supposed defenders of the Constitution--the black robed justices of the United States Supreme Court will be leading the carnival parade riding the charges of dicta torship and tyranny like the four horsemen of the Apocalypse. I hope
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that time never comes--I humbly pray that it won't. I believe our United States Constitution is a sacred thing--the most sacred and di vinely inspired instrument produced by the brain and purpose of man since God gave the Ten Tables of the Laws to Moses on Mt. Sinai and since the Man of Galilee delivered His sermon on another mountain nearly 2000 years ago.
Yes, the United States Constitution is a sacred thing. It protects and defends the weak and the oppressed against tyrants and would be tyrants of strength and power; it protects the minorities from the vastly greater majorities; it protects the humblest cottage and the most stately mansion with equal sanctity; it protects the least of us from the powers of tyranny and despotism.
It has caused us to have the greatest way of life ever experienced, ever known or ever dreamed of by the mind of man.
It has been defended by many thousands of Americans who have died to save it, and yet who died with smiles in their souls because they had helped save it; and it has been defended by countless millions more who have lived and so lived that our nation, a nation under God and under a divinely inspired Constitution, might be strengthened, and might never perish from this earth.
Let me urge you to give serious consideration to two propositions.
Firstly, whether you wish to go on record urging all of your Members of Congress to unanimously oppose Federal Aid to Education and thereby do all you can to urge the citizens of other states to so urge their representatives to do likewise.
Secondly, let us join hands with our nearby states of Virginia, Alabama, Mississippi and others and consider the adoption of a Reso lution of Interposition.
Since May 17, 1954, Georgia has led the way under the courageous leadership of our Governors and States leaders, including an over whelming majority of the members of the General Assembly of this State. We took a courageous stand when we ratified Amendment Num ber Four in the General Election in 1954.
I believe that if Georgia had failed to take a firm position and courageous stand on this subject that the rest of the Southern States would have lost heart and abandoned the fight. Some of my friends from Virginia, who believe in constitutional government and who be lieve in the rights of sovereign states, have very recently told me that their fight in Virginia was made much easier and was crowned with success because of the example which had been previously set by Georgia.
Two weeks ago, yesterday, the commonwealth of Virginia voted by more than a two-to-one majority to call a constitutional convention to write into the Constitution of the State of Virginia what we in Georgia did with Amendment Number Four in the General Election in 1954.
Let the General Assembly of Georgia express its firm resolution to maintain and to defend the Constitution of the United States, and the Constitution of this State, against every attempt, either foreign or domestic, to undermine the dual structure of dual government, and to
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destroy those fundamental principles embodied in our basic law, by which the delegated powers of the Federal government and the reserved powers of the respective States have long been protected and assured.
Let this General Assembly explicitly declare that the powers of the Federal Government result solely from the compact to which the States are parties, and that the powers of the Federal Government, in all of its branches and agencies, are limited by the terms of the instrument creating the compact, and by the plain sense and intention of its provisions.
Let the terms of this United States Constitution, and its plain sence and intention, apparent from the face of the instrument, be that the ratifying States, parties thereto, have agreed voluntarily to dele gate certain of their sovereign powers, but only those sovereign powers specifically enumerated, to a Federal Government thus constituted; and let all powers not delegated to the United States by the Constitu tion, nor prohibited by it to the States, be reserved to the States respec tively, or to the people.
Let the State of Georgia declare in positive language that the Supreme Court of the United States has no authority to amend the United States Constitution by judicial order or judicial decree.
By its decision of May 17, 1954, in the school cases, the Supreme Court of the United States placed upon the Constitution an interpreta tion, having the effect of an amendment thereto. Georgia emphatically disapproves this interpretation.
The State of Georgia did not agree, in ratifying the Fourteenth Amendment, nor did other States ratifying the Fourteenth Amendment agree, that the power to operate racially separate schools was to be prohibited to them thereby; and as evidence of such understanding of the terms of the amendment, and its plain sense and intention, the people of Georgia know that the very Congress which proposed the Fourteenth Amendment for ratification established separate schools in the District of Columbia; further we know that in many instances, the same State Legislatures that ratified the Fourteenth Amendment also provided for systems of separate public schools; and still further, we know that both State and Federal Courts, without any exception, recognized and approved this clear understanding over a long period of years and held repeatedly that the power to operate such schools was, indeed, a power reserved to the States to exercise "without inter vention of the Federal courts under the Federal Constitution."
With the Supreme Court's decision aforesaid and recently approved acts of the General Assembly of Georgia, a question of contested powers has arisen: The Court asserts, for its part, that the States did, in fact, in 1868, prohibit unto themselves, by means of the Fourteenth Amendment, the power to maintain racially separate public schools, which power certain of the States have exercised daily for more than 80 years; the State of Georgia, for its part, asserts that it has never surrendered such power.
This declaration upon the part of the Supreme Court of the United States constitutes a deliberate, palpable, and dangerous attempt by the court itself to usurp the amendatory power that lies solely with not fewer than three-fourths of the States.
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We in Georgia, mindful of the resolution by which we ratified the Eleventh Amendment to the United States Constitution, and cognizant of similar resolutions adopted by other States, both North and South, again assert this fundamental principle: That whenever the Federal Government attempts the deliberate, palpable, and dangerous exercise of powers not granted it, the States who are parties to the compact have the right, and are in duty bound, to interpose for arresting the progress of the evil, and for preserving the authorities, rights and liber ties appertaining to them.
Failure on the part of this State thus to assert its clearly reserved powers would be construed as tacit consent to the surrender thereof; and such submissive acquiescence to palpable, deliberate and dangerous encroachment upon one power would in the end lead to the surrender of all powers, and inevitably to the obliteration of the sovereignty of the States, contrary to the sacred compact by which this Union of States was created.
In times past, Georgia has remained silent--we have remained silent too long!--against interpretations and constructions placed upon the Constitution which seemed to many citizens of Georgia palpable encroachments upon the reserved powers of the States and willful usurpation of powers never delegated to our Federal Government; we have watched with growing concern as the power delegated to the Congress to regulate commerce among the several States has been stretched into a power to control local enterprises remote from inter state commerce; we have witnessed with disquietude the advancing tendency to read into a power to lay taxes for the general welfare a power to confiscate the earnings of our people for purposes unrelated to the general welfare as we conceive it; we have been dismayed at judicial decrees permitting private property to be taken for uses that plainly are not public uses; we are disturbed at the effort now afoot to distort the power to provide for the common defense, by some Fabian alchemy, into a power to build local schoolhouses.
We in Georgia, as American citizens, anxiously concerned at this massive expansion of central authority, nevertheless have reserved our right to interpose against the progress of these evils in the hope that time would ameliorate the transgressions; now, however, in a matter so gravely affecting this State's most vital public institutions, we can remain silent no longer. Recognizing, as the people of Georgia do, the prospect of incalculable harm to the public schools of this State and the disruption of the education of her children, we are in duty bound to interpose against these most serious consequences, and earnestly to challenge the usurped authority that would inflict them upon our citizens.
Therefore, we must invoke that Divine Guidance impleaded by our people on July 4, 1776, when first they declared themselves a Free and Independent State and appeal now to our sister States for that decision which only they are qualified under our mutual compact to make; and we respectfully request them to join us in making proper application for Interposition.
We pledge our firm intention to take all appropriate measures honorably, legally, and constitutionally available to us, to resist this illegal encroachment upon our sovereign powers, and to urge upon our sister States, whose authority over their own most cherished powers
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may next be imperiled, their prompt and deliberate efforts to check this and further encroachment by the Supreme Court, through judicial legislation, upon the reserved powers of the States, AND THAT ALL LAWS AND THE CONSTITUTION OF THE STATE OF GEORGIA SHALL AND DO REMAIN IN FULL FORCE AND EFFECT WITH IN THE CONFINES OF THIS STATE.
Let us state in no uncertain terms that we shall not be bound by an unconstitutional act, decision, or decree of the Supreme Court.
Let us say in language that can not be misunderstood that we swear allegiance to the Constitution of the United States of America, reaffirm our faith in it as the guardian and defender of our most sacred rights, and that we shall scrupulously obey its provisions, its orders and its mandates.
Let us also clearly state that we respect and will obey all lawfully constituted decrees of all courts and that we reaffirm our obedience and allegiance to the principle that the government of the United States of America is a government under law and not a government of men alone.
Let us clearly state that we in Georgia respect and will obey the Constitution and laws of the United States, but that we also expect to respect and obey the Constitution and laws of the State of Georgia and demand for every other State the right to have its Constitution and laws respected, as the Constitution and laws of a sovereign and indestructible state as part of an indissoluble union under the Consti tution of the United States.
And, finally, let us unmistakably state in language that can not be misunderstood that we have always, do now and shall ever obey laws; but that we as part of a sovereign people in a sovereign state will never subject ourselves to nor will we obey men--even nine in number--however white the marble of the building which houses that once hallowed courtroom or however black their judicial robes or their pseudo-sociological hearts--so long as they disregard the Constitution, overthrow judicial precedents and admittedly base their decisions on the insane rantings of that Swedish Communist named Gunnar Myrdal.
Let us take renewed courage in our fight; let us be of even stouter hearts than before; let us move onward and forward to and for a greater Georgia, a stronger America, and a future even brighter than our glorious past.
Let us convince the people of all other States of the Tightness of our position. Let us exhort them to put aside prejudices they may hold against us because of geography, latitude or ignorance.
Let us urge them all to join us in our desire and our efforts to preserve a Constitutional Government.
We know we are right. Your recent unanimous votes on bills de signed to reaffirm our position is ample proof of that.
The people of the State of Georgia have placed confidence in you, their chosen representatives in this General Assembly, as they have placed confidence in those of us who serve as Georgia representatives in the Congress of the United States. The future of our State and the future of our nation depends on the positive action which we must
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take in fulfilling our responsibilities, our duties and the oath which each of us takes when we assume the elective office to which we have been chosen.
We shall not falter, and we shall not fail!
Congressman Davis gave the following address:
ADDRESS OF U. S. REPRESENTATIVE JAMES C. DAVIS TO JOINT SESSION OF THE GENERAL ASSEMBLY OF GEORGIA, TUESDAY, JANUARY 24, 1956.
MR. PRESIDENT, MR. SPEAKER AND MEMBERS OF THE HOUSE AND SENATE:
I deeply appreciate the high privilege and great honor which you bestowed upon me in extending the invitation to address this honorable Assembly.
This is the tenth year I have represented my District and State in Congress. There I have been duly impressed with the magnificence of our Capitol city and with the greatness of our government. Yet I have never lost sight of the fundamental truth that the strength of our great government lies not in the size of its buildings, the hugeness of its appropriations, or the pomp and ceremony with which its affairs are conducted.
Rather the strength of our government lies in the individuality of the citizenry all across this broad land of ours who maintain this government; in our love of liberty, our devotion to freedom, our capacity for self-government and self-support, and the maintenance of strong State and local governments, the principle upon which this Nation was founded, and upon which it has become great.
In the resolution extending the invitation to my colleague, Con gressman Flynt, and to me, you have expressed your concern regarding pending legislation in the United States Congress on the subject of Federal aid to education. Your concern is justified. This is a subject which needs and deserves the prayerful thought and study, not only of the Congress, but of all the people, especially those officials who, like yourselves, administer the affairs of our State and local governments.
On the one hand we see the rapidly growing population of our country, having increased from 150 and % million in 1950 to 165 and % million in 1955 with an increase in children of school age during that same period of 6,158,000. This has brought to many sections over-crowded schools, and a great need for more school construction. The Federal government has in some degree, where increased school population has resulted from operation of Federal government agencies, contributed to the cost of school construction, and in small measure to maintenance and operation expense. In those areas with which I am familiar, however, this Federal contribution has been inadequate. Because of the smallness of these contributions no great voice in the control of our school systems has been sought by the Federal govern ment.
Now, however, the President has proposed the sizable contribution of one and one-quarter billion dollars for school construction and the bill reported out by the Committee calls for $1.6 billion. As the time
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draws near for consideration of this legislation, and its passage or rejection, threats are being made by those who traditionally have dis played hostility to our section who traditionally have sought to meddle in the conduct of our affairs, that they will attach conditions to the use of this money which we in Georgia could under no circumstances accept or tolerate. There is not a scintilla of doubt in my mind as to what will be the proper course of action if acceptance of Federal money means also acceptance of Federal control. If the only way we can obtain Federal school funds is to accept them with strings attached, then I say with no hesitation whatsoever, the answer is no. That would be my answer and my vote in the Congress, and I am confident that would be your answer and your vote here in the Georgia Legislature upon this resolution now pending before you.
We face a very serious question in this respect: If the bill is voted, and either now or next year a condition is imposed that none of this money will be allotted to a State where segregated schools are maintained, the taxpayers of Georgia will be in the unfortunate posi tion of having to pay our part of the taxes to raise the money, without getting a dollar of it for our own use. It would go to States willing to accept it with conditions attached, and be denied to us because we will not accept it with conditions attached, which to us are repulsive, un acceptable and intolerable.
The conditions placed in the pending bill by the Committee call for too much Federal control. Our Georgia member on the Committee, Congressman Phil Landrum, voted against the bill in the Committee. As the bill now stands, I believe a majority of the Georgia Delegation in the House will vote against it because of too much Federal control. In approving or disapproving the state plans for spending the money, the Federal Commissioner of Education, under the bill, has almost unlimited discretion. How would that discretion be exercised?
As we seek the answer to this and other questions involved, what are the facts? What is the attitude of the Federal government toward this question, the Legislative Department, the Executive Department, and the Judicial Department? We must be realistic as we answer these questions.
Our present dilemma and the threat to our public school system is not the result of Federal legislative action. The United States Con gress has consistently refused to join in the un-Constitutional illegal efforts which have been made to take away from the States control of our own local affairs.
But the Executive Department, headed by the President, and the Judicial Department, headed by the Supreme Court, have joined hands to by-pass Congress, and to bring about changes in our Constitution and laws through irregular and un-Constitutional means--changes which they have not been able to induce Congress to make through regular and Constitutional legislative action. The Supreme Court in the past few years has been usurping the power to make laws and to amend the Constitution. The Court does not possess either of those powers.
The U. S. Attorney General, and of course with the approval of the President, filed a brief in the Supreme Court, urging that segrega tion be declared un-Constitutional.
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The people and the States are being made the victims of a con spiracy of radical-thinking individuals and organizations, many of whom are subversive. The spear-head of this conspiracy is the radical organi zation The National Association for the Advancement of Colored Peo ple, many of whose officers have had long records of association with subversive and Communist-front groups, which has been thoroughly ex posed through material from the files of the House Committee on Un-American Activities. This radical group has been aided and abetted by other loud, noise-making minority pressure groups.
While the great majority of the right-thinking, right-living men and women of the United States have been carrying on the necessary daily functions of paying the taxes which support all of the govern ments of this nation, cities, counties, states and Federal, supporting our schools, growing the crops which must feed and clothe our popula tion, operating our factories, financing our banks, and carrying on the myriad tasks necessary for our great nation to maintain its rightful place in the world, this radical organization, conniving with other radi cal groups such as the Americans for Democratic Action, the American Civil Liberties Union, and allied radical pressure groups have been pushing that conspiracy to by-pass Congress and amend our Constitu tion and change our laws through fraudulent court decisions and dic tatorial executive orders from the White House.
Political blackmail is the chosen method through which these radi cal groups have sought and are, with great success, seeking to impose their will upon a protesting, unwilling people.
But now all over this country vigorous protests are being made by white people who intend to remain white, and to keep our white institutions free from forced intermingling with other races.
It is shameful to note the extent to which those who seek political power in this country are willing to pander and capitulate to noisy minority pressure groups, whose political influence actually has been magnified far beyond its actual strength.
It is shameful that the President of the United States for political expediency, has permitted these radical pressure groups to influence him to issue orders creating a new FEPC Commission, and other similar orders to destroy and tear down wise customs and practices which are as old as civilization itself, and which in fact, do not represent the real attitude of the President himself.
In his present efforts to pander to the Negro voters of this coun try, he now boasts that he has eliminated the last vestige of segregation in all of the branches and departments of our Armed Forces. Yet in 1948 when he was a General in the Army, and not a candidate for any ' elective public office he testified before a Congressional committee that he was in favor of keeping the Negro soldiers in small units of their own; that they could not compete successfully with white soldiers for promotions and that "if we attempt merely by passing a lot of laws to force someone to like someone else, we are just going to get into trouble." (Page 996--Senate U.M.T. Hearings April 2, 1948)
The President boasts that he and the Republican Party have been instrumental in turning the vast hordes of Negro pupils in upon the white children in the classrooms of Washington, D. C., where the Negroes constitute two-thirds of the school population of that City.
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Yet at the very moment he makes this boast that he has imposed this radical change upon the white children of our Nation's Capitol, his own grandson is carried by automobile to an Episcopal school in Alex andria, Virginia, where tuition must be paid for his schooling, although his son, Major John Eisenhower, resides upon the post at Fort Belvoir, Virginia, where his son is in easy walking distance a non-segregated school, attended by both whites and blacks, and which the Eisenhower child could also attend without the necessity of transportation, and without paying any tuition whatever.
Yet the President is using his great power as the Chief Executive of this country to force our boys and girls in the various branches of our Armed Forces to live, eat and sleep with Negroes, and to force our children into integrated schools with them, a practice in which he does not believe, and which his own flesh and blood do not follow. There are mothers and fathers in Georgia today who know their sons are being forced to live with Negroes against their will in the Armed Services. There is no wonder that the Armed Services are having a hard time getting men to enlist and re-enlist.
The apostles of integration and mongrelization, the Communist Party, the NAACP, the American Civil Liberties Union, Americans for Democratic Action, and other radical organizations and individuals of the same stripe and odor are busy endeavoring to create the impression that segregation is being voluntarily abandoned, and that integration is being voluntarily accepted.
Nothing is further from the truth. Integration of the races is not voluntary. On the contrary segregation is voluntary. Wherever integra tion has taken place, it has been forced upon the people. Wherever segregation has been abolished, it has been over the vigorous protest of those affected. It is not voluntary in the Army. It was put into effect by executive order, and men have to render at least 2 years mili tary service. It is not voluntary in our political primaries. That came by a court order.
Time and time again where people in various states have had the opportunity to vote upon FEPC proposals; FEPC laws have been re jected.
Throughout this nation for generations property owners have pro tected themselves and their communities against invasion by colored hordes through restrictive clauses in their deeds to real estate. The Supreme Court struck down those clauses. Where there have been any sizable groups of Negroes, it has been the almost unvarying custom for whites to live in white sections and Negroes to live in Negro sec tions. White people have maintained white schools and white colleges and universities. White people have also maintained Negro schools and Negro colleges and universities. The contributions of Negroes to their own institutions of learning and their own public schools have been negligible. In 1950 I obtained from the records of DeKalb County the cost of operating the Negro schools in that County and the amount of taxes paid for school purposes by the Negroes of that County. The figures showed that the property-owning Negroes of DeKalb County paid a total amount of school taxes of $1,925.35, or less than one dollar per school year for the 2,042 Negro children who attended the County public schools. Yet DeKalb County spent that year an average of $85.33 per pupil. DeKalb County paid $2000 each to operate four Negro
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school buses to haul, Negro children to the County public schools, a total school bus expense for them of $8000. The amount of school taxes paid by the Negroes was not enough to haul even one-fourth of their children to the schoolhouse door, and nothing for operating the schools themselves.
The white people have carried this burden, and have carried it un complainingly. It has been well known that the Negroes could not and would not provide educational facilities through their own efforts. Had their school opportunities and facilities been limited to such as they would have provided for themselves, it is doubtful if provision would have been made for Negro children as a whole to finish the first grade.
Over half the States of this Union have laws upon their Statute books preventing the intermarriage of whites and blacks. In many of the States of this Union our political systems were built upon a system of white primaries, in which the white people of the States, the counties and the cities could express their choice as white Democrats. The Bar Associations, the Medical Societies, and the professions have generally followed a policy of segregating themselves according to races. This is the custom which has been followed in schools, in politics, in resi dential developments, in industry, religion, and society in general. As far back as history goes, this has been the recorded pattern upon which civilization has been based. America grew to be the greatest country following this pattern. Under it our churches have grown and pros pered. We now have missionaries in practically every land on this globe which is populated by a colored race or a mongrel race trying to keep alive a spark of the Christian religion in those lands where colored and mongrel populations have demonstrated that they do not have the stamina to perpetuate and keep alive the Christian religion and it has lived through the centuries only by the efforts of the white race.
Yet these noisy advocates of integration and mongrelization have within the past twenty years successfully organized a conspiracy to thwart the will of the great majority of the people in this country through by-passing the Legislative Department of our Government, the Congress, and through the connivance of the Executive Department and the Supreme Court have step by step through so-called judicial decisions and executive orders endeavored to destroy the accepted prac tices of our people and to force this repulsive pattern upon an unwilling people.
The people in Chicago, Illinois, do not want to live among Negroes any more than the people in Atlanta, Georgia, and proved it by staging a riot which lasted for more than a year when radicals behind the integration movement there arranged for a Negro family to move into an all white residential section. In Los Angeles, California, which boasts that it is broadminded, a long standing custom was broken and a few Negro firemen were moved into white fire houses. This was so repulsive and disagreeable to the white firemen, who were unwilling to sleep and eat with the Negro firemen, that the Fire Chief of Los Angeles reestablished the all white fire houses, and told the Mayor and Council they could fire him if they saw fit, but he would not order the Negroes back into the white fire houses.
President Eisenhower, in his efforts to make a second Harlem out of Washington, D. C., has, through his three appointed City Commis-
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sioners ordered a few Negro firemen into some of the white fire houses there. It is meeting with vigorous protest and resistance.
So diligent have the integrationists and mongrelizers become in Washington that an announcement has been made by officials of the Federal and City Governments that the doors of all Federally owned property will be closed to the boys' clubs of the Nation's Capitol if they continue to operate as white boys' clubs and Negro boys' clubs. These clubs have been financed to the extent of 330,000 dollars annually prin cipally by white people through voluntary contributions, although there are 14,000 Negroes enrolled in the boys' clubs and only 8,000 whites. The clubs have taken boys off the streets with recreational activities in winter, and camps in summer. Yet one church in Washington has already close the doors of a meeting place formerly used by a white boys' club, and thus deprived a group of fine white children the benefit of the wholesome influences of the boys' club program because the club and its Board of Governors refused to have this unacceptable inter mingling forced upon them. What a fine demonstration of Christianity!
In Delaware where a school board announced mixed schools would be ordered another near riot occurred and separate schools were re stored. In Washington, D. C., the mixed school order is deeply resented. White people are moving out of Washington into nearby Virginia in great numbers. In June, 1955, the exodus of white people from Wash ington had resulted in a public school system composed of 61 per cent Negro pupils and 39 per cent white. These figures were reported in the U. S. News and World Report of June 10th. The same article re ported that white people who could afford it were moving out of pre dominantly Negro school districts. There is still another deplorable consequence. The article also reported, and I quote verbatim from it:
"Washington educators expressed shock at learning how far the general educational level of the Capitol's Negroes is below that of the whites.
"The result, many school principals say, has been that the learning pace within most of the mixed schools has been slowed down to keep step with the general run of Negro pupils."
Thus one of the immediate and obvious results of mixing the schools in Washington is that white children will be held back because the Negro children have shown they cannot keep the pace.
This exodus of white people from Washington to avoid the mixed schools reported in June last year was not a temporary flare-up. It has not only continued; it has increased. The U. S. News and World Report six months later, in its November 25th issue reported as follows, and I quote verbatim from the article entitled "Mixed Schools--Second Year", as follows:
"More and More White Pupils Leave Washington."
"Negroes are pouring into Washington, White families leaving in Droves. Result: A basic change in the population in the Nation's Capitol.
"In schools 64 per cent of students now are Negroes. In some resi dential areas, Negroes take over."
"Twenty years ago, 64 per cent of the pupils in the City's public
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schools were white, 36 per cent Negroes. Today this is reversed--64 per cent Negroes, 36 per cent whites. These figures are disclosed by new official count.
"Washington now has a greater proportion of Negroes in the public schools than any other large United States City."
This article also pointed out what everyone familiar with Washing ton knows, that the rush of white people to get out of Washington has been stepping up since 1948 when the Supreme Court, as a part of its program of usurping legislative functions, changed the law to in validate restrictive covenants in deeds to real estate. This permitted Negroes to move into white neighborhoods, making them less desirable, and running down the value of the property.
Proof that white people do not intend to mix with Negroes, and cannot be forced to do so, is the manner in which the white people of Washington treated the order of the Federal government abolishing segregation in Federally owned swimming pools. Washington is a hot city in the summertime, and prior to the issuing of this order by the Federal Government, the white swimming pools have been crowded. When the order was issued in 1949 and 1950, it did not result in whites and Negroes swimming together, it simply resulted in the previously white swimming pools becoming Negro swimming pools, as the white people abandoned them to the Negroes.
Resentment of white people manifests itself in every section of our country--north, east, and west, as well as south over these efforts to force the unnatural practice of mixing the races. In Chicago, in many sections, a determined white population has successfully resisted forcible efforts to destroy their residential segregation pattern. This has been done although Illinois has had a Governor, and Chicago has had a Mayor who have sought by forcible means to ram this integration policy down their unwilling throats.
In Chicago on August 11, 1953, 1500 persons rioted in protest over a Negro family being moved into Trumbull Park Homes in the South Deering section of the City.
The Police Commissioner had to send 3 shifts of 250 policemen, or 750 per day to keep down the violent rioting. On one occasion 1250 policemen were called out.
The Commissioner was quoted 16 days later, on August 27th as saying that racial disturbances had required the service of 12% of his 6889 man force--in other words 826 policemen spent all of their time working with racial trouble.
Under these circumstances the battle was carried on in Trumbull Park Homes for more than a year. The Negro family was finally moved out, and then brought a damage suit against the Chicago Housing Authority. In one year there was more racial trouble in Chicago than in the whole South put together, and it resulted from efforts to force intermingling between whites and blacks.
Thank Almighty God that we do not have that kind of Governor in Georgia willing to join hands with a packed Supreme Court and an appeasement-minded Chief Executive in destroying our Constitution. I thank Him that we have in Georgia a Governor who has said:
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"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 sur render to this Court the inalienable rights of our sovereign State. We shall not surrender our right to conduct and regulate our own educa tional institutions. The State created them. The State built them. The State finances them. The State shall run them."
I am thankful that we have a Lieutenant Governor who is holding up the hands of the Governor in this crisis.
I am grateful that we have in Georgia filling the high office of Attorney General an official who has the intelligents and ability to recognize this fraudulent scheme for the sorry thing it is, and the energy and courage to expose it and its backers not only to our people here at home, but in areas where hotbeds of radicalism exist in other sections of the country. I am grateful for the determined attitude of Georgia people who voted by a substantial majority to amend our Con stitution so that if worst come to worst, and the public schools in Georgia could only be operated as non-segregated and mixed schools, this intolerable thing can be avoided by elimination of public schools entirely and the teaching of our children in private schools.
I am grateful for this Legislature and its officials who are reso lutely and determinedly enacting a program of legislation to keep within our own hands the conduct of our own affairs.
I am grateful for the Chief Justice of ths Georgia Supreme Court, who wrote the opinion, and for the six Associate Justices who joined with him in a unanimous opinion by that Court in the case of Williams vs. State of Georgia in which the Supreme Court of the State of Georgia said to the Supreme Court of the United States:
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.-- (Constitution of the United States, Tenth Amend ment) . Even though executives and legislators, not being Constitutional lawyers, might often overstep the foregoing unambiguous Constitutional prohibition of Federal invasion of State jurisdiction, there can never be an acceptable excuse for judicial failure to strictly observe it. This Court bows to the Supreme Court on all Federal questions of law but we will not supinely surrender sovereign powers of this State."
This was a courageous declaration by the highest Court of our State warning the United States Supreme Court to stay out of our State affairs--a declaration to one and all that the State of Georgia knows her rights, and will have them. It was a stinging and merited rebuke.
This same group of sociologists on the Federal Supreme Court, of whom only two out of the nine ever had judicial experience before going on the Supreme Court bench, are throwing up some trial balloons to test public opinion upon the important question of invalidating state marriage laws, as they threw up trial balloons to test public opinion upon the segregated school issue, and to acclimatize public opinion to it before the blow was finally struck.
In Virginia the law prohibits interracial marriages, which is the case in 28 of the States of this Union. The Virginia Supreme Court pursuant to that law, declared invalid a marriage between a Chinese seaman and a white woman, and annulled the marriage. The Chinaman
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appealed the case to the United States Supreme Court, and asked that Virginia's marriage law be declared in violation of the Fourteenth Amendment.
I do not think the Federal Supreme Court would hesitate to strike down the marriage laws of Virginia and 27 other states if these so ciologist experts felt that public opinion would accept such a shocking decision. They know that public opinion will not accept it, and they want to kick the case back and forth for a while between Washington and Richmond to give the Communist Daily Worker, the so-called liberal press, the NAACP, the Americans for Democratic Action, the American Civil Liberties Union, and the other integrationists and mongrelizers some time in which to condition the public mind for a "judicial decision" striking down the last legal barrier which stands in the path of mongrelization. The Supreme Court entered an order vacating the judgment, and sending the case back to the State Court, for further action, saying that it wanted additional evidence as to whether Virginia's Courts had jurisdiction in the case.
In rejecting this further attempt of the Federal Supreme Court to meddle in affairs belonging exclusively to the State, the Supreme Court of Virginia joined the Supreme Court of Georgia in refusing to recognize the right of the Federal Tribunal to remand cases to the State courts "for further action" where no ground for reversal is shown in the record. The Virginia Supreme Court on January 18th, last Wed nesday notified the Federal Supreme Court that it refused to take fur ther action.
It is a deplorable thing that the highest Court in our land, charged more than any other agency of our Government with the duty of pre serving our Constitution, has so departed from its proper function that it now must be rebuked by State Courts resisting its illegal efforts to guide them into wrong channels.
So repugnant are its sociological theories becoming that when a Federal Court of Appeals, following the Supreme Court's school opinion, ordered a United States District Judge in Ohio to issue an order ending segregation in the grade schools at Hillsboro, Ohio, the District Judge refused to issue the order, and demanded that he himself be given a hearing before the Supreme Court, and that the case be carried there in his own name.
It is a deplorable situation indeed when our people and our State Courts must fight for the preservation of Constitutional rights with the very agency of Government to whom v/e should be able to look with confidence as the ultimate guardian and protector of those rights.
But such is the situation.
As we survey the situation today we see that we in Georgia do not stand alone. We have led in this fight, and I believe the bold and courageous stand which we have taken in Georgia has been an inspira tion to those in other States to brand this un-Constitutional decision as an unwarranted invasion of the rights of States and of the people, and to take steps to effectively resist it.
We know that the Constitution is not, as some would have us be lieve, "what the Judges say it is". It has no such unstable or uncertain meaning. The Constitution, and all of its Amendments, is the compact
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of the sovereign States who consented to its operation. It is the docu ment under which we live--which we understand, and which the Courts have understood for years and generations. Its meaning has been pro claimed again and again. It is the document which every public official is sworn to uphold, and to which the loyalty of every public official is due. And let us never lose sight of this fact--that our loyalty is to the Constitution itself--not to a perverted opinion of nine men who happen for the moment to be occupying seats in the Supreme Court, and who seek because of that fact to change the true meaning, the established and accepted meaning of our Constitution. That authority does not be long to these nine men. It belongs to two-thirds of the membership of Congress and to three-fourths of the State, joining in concurrent action.
As we assert our position in this fight for our rights, determined people of other States are standing shoulder to shoulder with us.
In May of 1954 the Louisiana Legislature adopted a resolution by a vote of 84 to 3 in the House and 32 to 1 in the Senate calling the Supreme Court action an unwarranted and unprecedented abuse of power, and declaring among other things that racial integration in schools is "clearly intolerable, impracticable, and in the ultimate sense of the word, unenforcebale upon the free people of the sovereign state." They followed that up in July, 1954, by the passage of three bills by an overwhelming vote enabling Louisiana to use its inherent police power to continue public school segregation despite the United States Supreme Court's decision. The people of that State have just elected a Governor pledged to continue segregation of schools in the State.
The Legislature of Florida in July, 1955, adopted a resolution pro claiming that the end of segregation in its schools would jeopardize the public health and safety; that it would tend to encourage the abhorrent, execrable and revolting practice of miscegenation which is a criminal offense in Florida; that it would create a mongrel breed. The resolution asserted the aim of the Florida Legislature to provide equal facilities for maintaining the system of segregation in Florida's public schools and deplored any effort of the United States or any Agency thereof to invade and usurp the rightful powers of the State of Florida by fostering integration of the two races in the public school system.
The people of Virginia have voted two to one for the Gray Com mission plan to retain segregated schools in Virginia. South Carolina and Mississippi have taken affirmative steps to join the increasing list of States determined to resist the un-Constitutional usurpation of authority by the Supreme Court.
There is another matter which your honorable Body may consider during the present session, and that is whether the Georgia Legislature wishes to adopt a resolution similar to the one which 34 of Virginia's 40 Senators sponsored and introduced in that Body last Thursday. The resolution, providing that Virginia for its part asserts it has never sur rendered its powers to maintain racially segregated schools. Secondly, Virginia challenges "the usurped authority that would inflict incalcula ble harm to the public schools", and would disrupt the education of her children. Thirdly, Virginia appeals to her sister State to join in applying to Congress to call a Constitution Convention to oppose an amendment "designed to settle the issue of contested power here asserted".
The resolution further provides that until the question is settled
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"by clear Constitutional amendment, we pledge our firm intention to take all appropriate measures honorably, legally, and Constitutionally available to us to resist this illegal encroachment on our sovereign powers".
This is a fight in which there is no half-way ground and no middle course. Halfway measures will not win this fight. Vigorous, aggressive and continuing action is required. There are suits pending now in Sa vannah asking that Negroes be admitted to white public housing projects. Federal Courts have already admitted them in other jurisdic tions. Suits are pending to admit them to the University and grammar and high schools. But this school segregation issue is only a part of the problem. The ultimate aim of the NAACP and its allied radical organizations is not merely to abolish segregation in the schools of the Nation. The ultimate aim is to pressure the Supreme Court into de claring our marriage laws un-Constitutional, and require all States to recognize intermarriage between the races as legal.
One of the Negroes who claims to represent the views of the NAACP stated in a magazine article as long ago as 1952 that the aim of the Negro is intermarriage with white people. It is a blind person indeed who is not now aware of that purpose. Unless we reject this school decision in toto, another Supreme Court decision holding that our marriage laws violate the Fourteenth Amendment is as certain to follow as night follows the day.
In conclusion let me say to you with all the sincerity and earnest ness of which I am capable that the answer to this monstrous threat we face is organization. Too long we have permitted those who plot our downfall, aided by some of our own false leaders, to deceive us and lull us to sleep with assurances that Negroes only wanted equal facilities and fair treatment. They have advised the white people against taking organized action to prevent destruction of our institutions and our way of life. Events of the past few years have shown the wrongness of that attitude. The time is here now to view the situation with realism. The time is here now to organize--not for violence--not for lawlessness, but to organize to combine into one strong, unified, determined group to retain our State sovereignty which we have never surrendered; to unite with other states, their officials and their people; to keep within our own hands the right to conduct our own affairs, and to resist vigorously, aggressively and successfully this and any other attempt on the part of a perverted Court to take from us these sacred rights which are ours, --the right to conduct our own affairs in the manner we choose and the right to protect and preserve our own ways--rights which were given to us by our own parents and forebears and which we are duty bound to hand to our children and our descendants.
Senator Overby of the 33rd moved that the Joint Session be 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:
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HB 199. By Messrs. Barber and Short of Colquitt: A Bill to be entitled an Act to create water districts in Colquitt County; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Ayers Bagby Barber of Colquitt Barber of Jackson Barker Baughman Birdsong Black Blackburn Blalock Bloodworth Bolton Brannen Brown Caldwell Callier Campbell Carlisle Cason Gates Chambers Cheatham Cheek Clary Cloud Cocke Coker of Cherokee Coker of Walker Cornelius Coxwell Been of Bacon Denmark Denson Dozier Duke Duncan Edenfield English Eyler Fain
Fordham Fowler of Douglas Fowler of Tift Freeman Frier Garrard Gilleland Gillis Greene of Crisp Grimsley Groover Gross of Dade Gunter Hall Hardaway Harrell Hayes Henderson Hendrix Hogan Houston Huddleston Ivey Jackson Jessup Johnson Jones of Worth Jones of Laurens Jones of Sumter
Jordan Kelley Kennedy of Tattnall Key Kilgore Killian Killingsworth King of Whitfield King of Chattahoochee King of Pike Kitchens Lanier Larkins
Lokey Long Lowe Mallory Martin Mashburn Mathis of Lowndes Matthews McGarity McKelvey McKenna
Mincy Mobley Moore Moorman Mull
Murphey of Crawford Murphy of Haralson Murr Musgrove
Nightingale Nilan Odom Palmer Peacock Perkins Peters
Pettey Potts Ramsey Raulerson Ray Reed Register Rodgers Rowland Ruark
Russell Rutland Scoggin Short Sivell
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343
Smith of Evans M. M. Smith of Fulton Sognier Stephens Stewart Strickland Stripling Tamplin Tanner
Tarpley Terrell Todd Truelove Turk Underwood of
Montgomery Upshaw Veal
Watson Weems Wheeler Williams Willingham Wilson of Towns Wilson of Peach Wooten
On the passage of the Bill, the ayes were 151, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The following Resolution of the House was taken up for consideration and read:
HR 62. By Mr. Sheffield of Brooks:
A Resolution creating a committee for the purpose of discussing com mon problems with members of Legislatures from certain other States; and for other purposes.
The following amendment was read and adopted:
The committee on State of Republic moves to amend HR 62 by including the States of North Carolina and Florida.
The Resolution, as amended, was adopted.
The following Resolutions of the House were read and adopted:
HR 97. By Messrs. Bodenhamer and Fowler of Tift:
A Resolution to acknowledge contributions and accomplishments of Armour and Company in Tift County, Georgia; and for other purposes.
HR 98. By Messrs. M. M. Smith of Fulton and the entire Membership of the House of Representatives:
A RESOLUTION
WHEREAS: Our Heavenly Father, in His divine wisdom has sum moned home the Honorable Blake Ragsdale Van Leer, President of the Georgia Institute of Technology, and,
WHEREAS: The Honorable Blake Ragsdale Van Leer enjoyed the love and highest esteem of the General Assembly of Georgia, and,
WHEREAS: By his strict devotion to the Georgia Institute of Technology, his keen business acumen, and charming and forceful per sonality, he advanced the progress of this Institution to new and greater horizons, and,
WHEREAS: His untimely passing is a great loss to the Educa-
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tional System of Georgia, and brings sorrow to students, alumni, and the citizens of Georgia alike, therefore,
BE IT RESOLVED, That this House cf Representatives extend its sincere sympathy to the family of the Honorable Blake Ragsdale Van Leer during this trying hour, and wishes them God-speed and Good luck in all their future endeavors, and
BE IT FURTHER RESOLVED, That a copy of this resolution be sent to the family of the Honorable Blake Ragsdale Van Leer, and that it be entered upon the Journal of this House of Representatives, as a shining example of the accomplishments of this distinguished and beloved Educator and Citizen, and
BE IT STILL FURTHER RESOLVED, That the Speaker of this House of Representatives appoint five members of this body as an Honorary Escort to attend the last rites of the Honorable Blake Ragsdale Van Leer.
HR 99. By Messrs. Twitty of Mitchell and Willingham of Cobb:
A Resolution thanking Mr. N. R. Cook, New Orleans, Louisiana, for services rendered Speaker Marvin Moate and his aide; and for other purposes.
Mr. Barber of Jackson requested leave of absence beginning at noon Jan. 25 for the rest of the day.
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 tomorrow morning at 10:00 o'clock.
WEDNESDAY, JANUARY 25, 1956
345
Representative Hall, Atlanta, Georgia. Wednesday, January 25, 1956.
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, Reverend Loy C. Veal, First Methodist Church, Buena Vista, Georgia.
The roll was called and the following members answered to their names:
Adams Alien Ayers
Barber of Colquitt Barker of Jackson Barker Baughman Bentley Birdsong Black Blackburn Blalock Bloodworth Bodenhamer Bolton Brannen Brown Caldwell Callier Campbell Carlisle Cason Gates Chambers Chastain Cheatham Cheek Clary Cloud Cocke Coker of Cherokee Coker of Walker Cornelius Cotton Cowart Coxwell Deal Dean of Rockdale Deen of Bacon Denson Dozier Drinkard
Duke Duncan 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 Harrison of Jeff Davis Harrison of Wayne Hawkins Hayes Henderson Hendrix Hodges 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 Killingsworth King of Whitfield King of Chattahoochee King of Pike Kitchens Lam Land Lanier Larkins 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
346
JOURNAL OF THE HOUSE,
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 Rutland Sanders
Scoggin Sheffield Short
Singer
Sivell Smith of Evans Smith of Emanuel Hoke Smith of Pulton M. M. Smith of Fulton Sognier Souter Stephens of Clarke Stevens of Marion Stewart
Strickland Stripling Tanner
Tarpley Terrell Todd Truelove Turk Twitty Underwood of Bartow Underwood of
Montgomery Upshaw Veal Watson Weems Wheeler Williams Willingham Willis Wilson of Towns Wilson of Peach Wooten Wright Young
Mr. Veal of Putnam, Acting Chairman of the Committee on Journals re ported 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:
WEDNESDAY, JANUARY 25, 1956
347
HB 274. By Mr. Lanier of Candler:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety, and providing for the issuance, suspension and revo cation of driver's licenses, and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 275. By Mr. Kelley of Gwinnett:
A Bill to be entitled an Act to amend an Act entitled 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 276. By Messrs. Tanner of Coffee, Deen of Bacon, Frier of Ware, Parker of Appling, Hayes of Coffee and Raulerson of Echols:
A Bill to be entitled an Act to establish a standard or legal rule in the State of Georgia, by which the number of board feet in logs or trees shall be calculated to provide that actual measurement of lumber may be used in lieu of such standard rule; and for other purposes.
Referred to the Committee on General Agriculture #2.
HB 277. By Mr. Strickland of Toombs:
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 provide that it shall be unlawful to sell liquor in any of the counties specified in this Act before 9:00 A. M. and after 9:00 P. M. on Monday through Saturday; and for other purposes.
Referred to the Committee on Temperance.
HB 278. By Mr. Freeman of Monroe:
A Bill to be entitled an Act to amend an Act providing pensions to the Firemen of the State of Georgia; and for other purposes.
Referred to the Committee on Pensions.
HB 279. By Mr. Willingham of Cobb:
A Bill to be entitled an Act to amend an Act relating to absentee voting; and for other purposes.
Referred to the Committee on State of Republic.
HB 280. By Messrs. Moate of Hancock, Willingham of Cobb, Groover of Bibb, Rowland of Johnson, Freeman of Monroe, Scoggin of Floyd and others:
A Bill to be entitled an Act to amend an Act known as the Unemploy ment Compensation Law, by modifying and liberalizing the benefit tables so as to change the weekly benefit amount, qualifications and eligibility for benefits, and for other purposes.
Referred to the Committee on Industrial Relations.
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JOURNAL OF THE HOUSE,
HB 281. By Mr. Hendrix of Long:
A Bill to be entitled an Act to amend an Act relating to compensation of the members of the Board of Education in each county; and for other purposes.
Referred to the Committee on Education #1.
HB 282. By Mr. Hendrix of Long:
A Bill to be entitled an Act to provide that members of the County Boards of Education in counties having a population or not more than 3700 and not less than 3585, shall be paid a per diem of $20.00 per day for actual services, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 283. By Messrs. Coker of Cherokee, Carlisle of Bibb, Sanders and Chambers of Richmond:
A Bill to he entitled an Act to amend an Act entitled An Act to author ize and direct the Board of Regents of the University System of Georgia to construct and operate a hospital for the indigent sick or near indigent sick in conjunction with the State Medical College, out of funds in the building trust funds or any other money that they may be able to pro cure; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HB 284. By Messrs. Martin of Banks, Hurst of Quitman, Fain of Franklin, Rodgers of Charlton, Willis of Thomas and Blackburn of Habersham:
A Bill to be entitled an Act to provide for any person to be eligible as a candidate for any State, Congressional or County Office in the general election shall be required to be nominated in a primary election and providing that the Executive Committes provide the necessary rules and regulations for holding such primary elections; and for other pur poses.
Referred to the Committee on State of Republic.
HB 285. By Mr. Dozier of Miller:
A Bill to be entitled an Act to amend an Act providing for the use of voting machines in Miller County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 286. By Mr. Greene of Crisp:
A Bill to be entitled an Act to amend an Act comprehensively and ex haustively superseding and revising the laws relating to the Game and Fish Commission and to Game and Fish, and for other purposes.
Referred to the Committee on Game and Fish.
WEDNESDAY, JANUARY 25, 1956
349
HB 287. By Messrs. Foster and Blalock of Clayton:
A Bill to be entitled an Act to create and incorporate the City of Mountain View, and for other purposes.
Referred to the Committee on Municipal Government.
HB 288. By Mr. Odom of Camden:
A Bill to be entitled an Act to amend the Charter of the City of St. Marys, and for other purposes.
Referred to the Committee on Municipal Government.
HB 289. By Messrs. Hayes and Tanner of Coffee:
A Bill to be entitled an Act to amend an Act creating a new charter and municipal government for the City of Douglas, and for other pur poses.
Referred to the Committee on Municipal Government.
HB 290. By Messrs. Hayes and Tanner of Coffee:
A Bill to be entitled an Act to amend an Act creating a new charter and municipal government for the City of Douglas, and for other pur poses.
Referred to the Committee on Municipal Government.
HB 291. By Mr. Odom of Camden:
A Bill to be entitled an Act to authorize, empower and direct the City of St. Marys, to abandon and close portions of City Streets, and for other purposes.
Referred to the Committee on Municipal Government.
HB 292. By Mr. Odom of Camden:
A Bill to be entitled an Act to authorize and empower Camden County to enter into a contract with the United States Government for the relocation and reconstruction of a paved highway from a point in the City of St. Marys to a point on Point Peter, Camden County, said road to replace a certain paved road known as the Point Peter Road; and for other purposes.
Referred to the Committee on State of Republic.
HB 293. By Messrs. Hayes and Tanner of Coffee:
A Bill to be entitled an Act to amend an Act creating a new charter and municipal government for the City of Douglas, so as to change the method and procedure of passing and enacting ordinances, and for other purposes.
Referred to the Committee on Municipal Government.
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JOURNAL OF THE HOUSE,
HB 294. By Mr. Barber of Colquitt:
A Bill to be entitled an Act to amend an Act establishing a State Board for Professional Engineers and Surveyors, and for other purposes.
Referred to the Committee on State of Republic.
HB 295. By Messrs. Cornelius and McKelvey of Polk:
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 Cedartown, and for other purposes.
Referred to the Committee on Municipal Government.
HB 296. By Messrs. Cornelius and McKelvey of Polk:
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 Cedartown, and for other purposes.
Referred to the Committee on Municipal Government.
HB 297. By Messrs. Blalock and Foster of Clayton:
A Bill to be entitled an Act to incorporate the City of Riverdale in the County of Clayton, and for other purposes.
Referred to the Committee on Municipal Government.
HB 298. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to amend an Act relating to the Board of Dental Examiners of Georgia; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HB 299. By Messrs. Kilgore and Kelley of Gwinnett, Palmer of Mitchell and Hardaway of Meriwether:
A Bill to be entitled an Act to provide that fire and casualty insurance companies domiciled in this State may deduct any retaliatory tax paid by them to another State from their Georgia taxes; and for other purposes.
Referred to the Committee on State of Republic.
HB 300. By Messrs. Groover, Carlisle and McKenna ox Bibb:
A Bill to be entitled an Act to approve, ratify and confirm Acts of the City of Macon and of its Mayor and Board of Aldermen in closing, vacating and abandoning an alley in the City of Macon Situate between and separating Lots 2 and 3 in Square 20, and for other purposes.
Referred to the Committee on Municipal Government.
HR 100-300a. By Messrs. McKenna of Bibb, Bentley of Cobb, Nightingale of Glynn, Reed of Cobb, Williams of Hall and Lokey of Fulton:
A Resolution to maintain and defend the Constitution of the United
WEDNESDAY, JANUARY 25, 1956
351
States and the Constitution of this State against every attempt to undermine and destroy the fundamental principles, embodied in our basic law, by which the liberty of the people and the sovereignty of the State, in their proper spheres, have been protected and assured, and for other purposes.
Referred to the Committee on State of Republic.
HR 101-300b. By Mr. Peacock of Dodge:
A Resolution to compensate W. L. Jessup, Jr., of Eastman for damages and injury to his real estate, and for other purposes.
Referred to the Committee on Special Appropriations.
HR 102-300c. By Mr. McCracken of Jefferson:
A Resolution to reimburse W. E. Sheppard for damage to his car caused by the Georgia Highway Dept., and for other purposes.
Referred to the Committee on Special Appropriations.
HR 103-300d. By Messrs. Hayes and Tanner of Coffee:
A Resolution to compensate Daniel H. Walker expenses for repairing automobile damaged by the Highway Department truck, and for other purposes.
Referred to the Committee on Special Appropriations.
HR 104-300e. By Messrs. Mathis and Register of Lowndes: A Resolution to compenstate Dudley Y. Coyle; and for other purposes.
Referred to the Committee on Special Appropriations.
HR 105-300f. By Mr. Phillips of Walton:
A Resolution proposing an amendment to the Constitution, exclusive of those residing within the corporate limits of Social Circle, so as to provide that all of Walton County exclusive of the Independent School System of Social Circle shall comprise one school district, and for other purposes.
Referred to the Committee on Amendments to Constitution #1.
HR 106-300g. 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.
HB 301. By Messrs. Carlisle of Bibb, Huddleston of Fayette, Jordan of Wheeler, Garrard of Wilkes, Jackson of Jones, Land of Wilkinson, Petty of Pulaski, Hayes and Tanner of Coffee and many others:
A Bill to be entitled an Act to prohibit the appropriation or expenditure of any State, county, municipal or other public funds for the main tenance, upkeep, operation or support of any public school or institution
352
JOURNAL OF THE HOUSE,
providing educational or training courses or programs of any nature or character whatsoever, including but not limited to, schools providing technical courses, nurses training courses, manual training courses and any and all other vocational or educational courses where such schools or institutions do not provide separate schools or classes for the white and colored races; and for other purposes.
Referred to the Committee on State of Republic.
Mr. Campbell of Walker moved that the following Bill of the House be withdrawn from the Committee on General Judiciary #1, read the second time and recommitted:
HB 183. By Messrs. Campbell and Coker of Walker:
A Bill to be entitled an Act to amend an Act relating to the issuance of marriage licenses; and for other purposes.
The motion prevailed and the Bill was withdrawn, read the second time, and recommitted.
Mr. Strickland of Toombs moved that the following Bill of the House be engrossed:
HB 277. By Mr. Strickland of Toombs:
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 provide that it shall be unlawful to sell liquor in any of the counties specified in this Act before 9:00 A. M. and after 9:00 P. M. on Monday through Saturday; and for other purposes.
On the motion to engross, the ayes were 57, nays 47.
The motion to engross was lost.
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 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.
HB 147. Do Pass.
HB 148. Do Pass.
Respectfully submitted,
Todd of Glascock,
Chairman.
WEDNESDAY, JANUARY 25, 1956
353
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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 247. Do Pass. HB 138. Do Pass. HB 259. Do Pass. HB 84. Do Pass. HB 206. Do Pass. SB 13. Do Pass. SB 25. Do Pass. HB 58. Do Not Pass.
Respectfully submitted, Scoggin of Ployd, Chairman.
By unanimous consent, the following Bills of the House and Senate, favorably reported, were read the second time:
HB 84. By Mr. Strickland of Toombs:
A Bill to be entitled an Act to amend an Act relating to the number of grand jurors so as to provide that each finding, indictment, presentment or other act of a grand jury shall require the concurring vote of at least twelve members of that grand jury; and for other purposes.
HB 138. By Messrs. Killian and Nightingale of Glynn and Veal of Putnam:
A Bill to be entitled an Act to amend an Act relating to divorce; so as to remove the provision in the form of the judgment and decree of alimony relating to the right of the parties to remarry; and for other purposes.
HB 146. By Messrs. Moate of Hancock, Sheffield of Brooks, Pelham of Schley, Souter of Macon, Sivell of Harris, Baughman of Early and others:
A Bill to be entitled an Act to provide that before any person, firm, corporation or association shall burn any woods, lands, marshes or other inflammable or combustible materials, notice of the times and place must first be given to the County Forest Ranger, and for other pur poses.
HB 147. By Messrs. Moate of Hancock, Sheffield of Brooks, Pelham of Schley, Souter of Macon, Sivell of Harris, Baughman of Early and others:
A Bill to be entitled an Act to amend an Act comprehensively revising
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JOURNAL OP THE HOUSE,
and superseding the laws relating to the Georgia Forestry Commission, and for other purposes.
HB 148. By Messrs. Moate of Hancock, Sheffield of Brooks, Pelham of Schley, Souter of Macon, Sivell of Harris, Baughman of Early and others:
A Bill to be entitled an Act to define the various penal offenses relating to the firing of woods, lands, marshes, grass timber and other lands in this State; to prohibit the setting of fires on lands of others, and for other purposes.
HB 206. By Mr. Strickland of Toombs:
A Bill to be entitled an Act to amend an Act relating to the return day of the writ of habeas corpus, so as to change the return day; and for other purposes.
HB 247. By Messrs. Sognier and Cheatham of Chatham, Sanders and Chambers Richmond, Russell of Barrow and Nightingale of Glynn:
A Bill to be entitled an Act to amend an Act relating to the qualifica tions of applicants to stand the State Bar examination, and for other purposes.
HB 259. By Messrs. Lokey and Hoke Smith of Pulton:
A Bill to be entitled an Act to amend an Act relating to the filing of a written demand as a prerequisite to the bringing of any suit at law or equity against any municipal corporation for injuries to person or property and the suspension of the running of the statute of limitations during the time that the demand for payment is pending, and for other purposes.
SB 13. By Senator McDonald of the 43rd: A Bill to be entitled an Act to amend an Act relating to the Deposit of Costs Required in Divorce Cases, and for other purposes.
SB 25. By Senator McDonald of the 43rd: A Bill to be entitled an Act to amend an Act revising the adoption laws for the State of Georgia; 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 97. 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.
WEDNESDAY, JANUARY 25, 1956
355
The Bill, having received the requisite constitutional majority, was passed.
HB 108. By Messrs. Hoke Smith, Lokey and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the city of Atlanta; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 104, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 120. By Messrs. Murr and Jones of Sumter:
A Bill to be entitled an Act to amend an Act creating the charter for 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 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 123. 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 to the abutting owner on the west the fee simple title to that part of Bay Avenue in said City; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 106, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 125. By Mr. Brown of Telfair:
A Bill to be entitled an Act to amend an Act creating the City Charter of McRae, Georgia; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 107, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
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JOURNAL OF THE HOUSE,
HB 144. By Messrs. McKenna, Groover and Carlisle of Bibb:
A Bill to be entitled an Act to re-enact the Charter of the City of Macon; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 108, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 150. 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.
The report 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 160. By Messrs. Birdsong and Lam of Troup:
A Bill to be entitled an Act to amend an Act to create a new charter for the city of West Point; and for other purposes.
The report 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 162. 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 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 165. By Messrs. Duncan and Perkins of Carroll:
A Bill to be entitled an Act to amend the Charter of the City of Villa Rica located in the counties of Carroll and Douglas; and for other pur poses.
WEDNESDAY, JANUARY 25, 1956
357
The report 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 166. A Bill to be entitled an Act to surrender the Charter of the Town of Pullerville, and for other purposes.
The report 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 178. By Messrs. Houston and King of Whitfield:
A Bill to be entitled an Act to amend an Act to authorize the Mayor and Council of the City of Dalton to levy a tax for the purpose of establishing and maintaining public schools in and for the municipality 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 114, nays 0.
The Bill, having received the requisite constitutional majority was passed.
HB 179. By Messrs. Houston and King of Whitfield:
A Bill to be entitled an Act to amend an Act amending the Charter of the City of Dalton; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 200. By Messrs. Nightingale and Killian of Glynn:
A Bill to be entitled an Act to amend the Charter of the City of Brunswick, 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 116, nays 0.
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JOURNAL OF THE HOUSE,
The Bill, having received the requisite constitutional majority, was passed.
HB 209. By Mr. Odom of Camden:
A Bill to be entitled an Act to authorize, empower and direct the City of Kingsland to close permanently those certain alleys running through Blocks No. 7, 10, 19, 22, 30, and 31; and for other purposes.
The report 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 214. By Mr. Turk of Wilcox:
A Bill to be entitled an Act to amend an Act to incorporate the town of Pineview in the county of Wilcox; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 21. By Senator Page of the 1st:
A Bill to be entitled an Act to amend that Certain Act approved August 19, 1913, entitled, An Act to provide for the holding of Primary Elec tions in the City of Savannah, Georgia; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 119, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 28. By Senator Page of the 1st:
A Bill to be entitled an Act to amend that certain Act approved August 18, 1919, entitled, An Act to alter and amend the several Acts 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 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
WEDNESDAY, JANUARY 25, 1956
359
SB 29. By Senator Page of the 1st:
A Bill to be entitled an Act to amend that certain Act entitled An Act to Alter and amend the several Acts 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 121, nays 0.
The North Fulton Glee Club appeared upon the floor of the House and rendered several selections.
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 6. By Senator Overby of the 33rd:
A Bill to be entitled an Act to amend the Act creating the Teacher Re tirement System as heretofore amended by providing for the admission of teachers in privately operated nonsectarian schools to said system; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, Mr. Groover moved the ayes and nays and the call was sustained.
The roll was called and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Ayers
Barber of Colquitt Barker Baughman Birdsong Black Blackburn Blalock Bloodworth Bodenhamer Brannen Brown Caldwell
Callier Campbell Carlisle
Cason Chambers Chastain Cheatham Cheek Clary Cloud Cocke Coker of Cherokee Coker of Walker Cornelius Cotton
Cowart Coxwell Deal
Deen of Bacon Denson Dozier Drinkard Duke Elder English Eyler Fain Floyd Flynt Fordham
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JOURNAL OF THE HOUSE,
Poster Fowler of Douglas Fowler of Tift Freeman Frier Garrard Gilleland Gillis Green of Rabun Greene of Crisp Grimsley Groover Gross of Stephens Gross of Bade Hall Hardaway Harrell Harrison of Wayne Hawkins Hayes Henderson Hendrix Hodges Hogan Holley Houston Huddleston Hudson Hurst
Ivey Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Worth Jones of Lumpkin Jones of Sumter Kelley Kennedy of Turner Kennedy of Tattnall
Key Kilgore Killian Killingsworth
King of Whitfield King of Pike Kitchens Lam Land Lanier Larkins Lindsey Long-
Love Lowe Mallory Martin Mashburn Matheson of Hart Mathis of Lowndes Matthews Mauldin McCracken McGarity McKelvey McKenna McWhorter Mobley Moore Moorman Mull Murphey of Crawford Murphy of Haralson Murr Musgrove Nightingale Nolan Odoni Palmer Parker Pelham Perkins Peters Pettey Phillips of Columbia Phillips of Walton Pickard Potts
Those voting in the negative were Messrs.:
Bentley
Gunter
Ramsey Raulerson Register Rodgers Roughton Rowland Rutland Sanders Scoggin Short Singer Sivell Smith of Evans Hoke Smith of Fulton M. M. Smith of Fulton Sognier Souter Stephens of Clarke Stevens of Marion Stewart Strickland Stripling Tanner Tarpley Terrell Todd Truelove Twitty Underwood of
Montgomery Upshaw Veal Watson Weems Wheeler Williams Willingham Willis Wilson of Towns Wilson of Peach Wooten Wright Young
Reed
On the passage of the Bill, the ayes were 175, nays 3.
The Bill, having received the requisite constitutional majority, was passed.
HB 185. By Messrs. Groover of Bibb, Lavender of Elbert, Blalock of Clayton, Coker of Cherokee and Chastain of Thomas:
A Bill to be entitled an Act to amend the Code of Georgia, enumerating
WEDNESDAY, JANUARY 25, 1956
361
the duties of the State Treasurer so as to provide that he may pay out money on warrants countersigned by the Deputy Comptroller General; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 146, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
HB 114. By Messrs. Blalock of Clayton and Rutland of DeKalb:
A Bill to be entitled an Act to establish a tolerance or increase of 13% on certain sizes and weights and loads of motor vehicles; and for other purposes.
A minority report filed by Representative Jackson of Jones was read.
The following committee substitute was read:
AN ACT
To establish a tolerance or increase in certain of the sizes, weights and loads of motor vehicles, as now provided in Section 68-405 of the Supplement to the Code of Georgia of 1933 relating to limitation as to size of vehicle and weight of load; to repeal said Code Section and to enact another Code Section in its place; to provide for penalties for violation; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA, AND IT IS HEREBY ENACTED BY THE AUTHORITY OF THE SAME:
SECTION 1.
A tolerance or increase is hereby established as to certain presently effective limitations on size, weight and load of motor vehicles, in so far as concerns the extreme overall dimensions, the wheel loads and the axle loads and the formula for the total gross weight with load, as now provided in Section 68-405 of the Supplement to the 1933 Code of Geor gia, as set out in Section 2 herein.
SECTION 2.
Section 68-405 of the Supplement to the 1933 Code of Georgia entitled:
"68-405. Limitation as to size of vehicle and weight of load" and prescribing the maximum dimensions of vehicles, special permits, maxi mum wheel and axle loads and maximum weight formulas for axle
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loads is hereby repealed, and in its place the following is provided:
"(a) No vehicle operated upon any public road or public high way of this State shall exceed a total outside width, including load thereon, of 96 inches, not including mirrors and accessories at tached thereto; no vehicle unladen or with load shall exceed a height of 13 feet 6 inches; no vehicle shall exceed by more than 13% a length of 35 feet extreme overall dimensions, inclusive of front and rear bumpers except busses of motor common carriers which shall not exceed 40 feet extreme overall dimensions, inclu sive of front and rear bumpers by more than 13%; combinations of vehicles shall consist of not more than two units, and, when so combined, shall not exceed a total length of 50 feet; for occasional movements of materials or objects of dimensions which exceed the limits herein provided, a special permit shall be required as now pro vided by law: Provided, however, that loads,of poles, logs, lumber, structural steel, piping, and timber may exceed the length herein fixed without requiring special permit.
"(b) No wheel on any vehicle operated upon any public road or public highway of this State, equipped with a high pressure, pneumatic, solid rubber or cushion tires shall carry a load which exceeds 8,000 pounds by more than 13%, or any axle load which exceeds 16,000 pounds by more than 13%; no wheel equipped with low pressure pneumatic tires shall carry a load which exceeds 9,000 pounds by more than 13%, or any axle load which exceeds 18,000 pounds by more than 13%; an axle load shall be defined as the total load on all wheels whose centers may be included be tween two parallel transverse vertical planes 40 inches apart. If the driver of any vehicle can comply with the requirements of this section by shifting or equalizing the load on all wheels or axles and does so when requested by the proper authority said driver shall not be held to be operating in violation of this section.
"(c) Subject to the limitation imposed by the said axle loads, no vehicle shall be operated whose total gross weight, with load, exceeds by more than 13% that given by the formula W = c (L + 40) where:
W = total gross weight with load, in pounds;
c = 700;
L = the distance between the first and last axle of a vehicle or combination of vehicles in feet.
"Provided, however, that the maximum total gross weight, in cluding tolerance shall not exceed 63,280 pounds.
"Provided further, that no officer or employee shall grant, au thorize, or allow any length or weight in excess of the limitations herein provided, (except by special permit defined in paragraph "A" above) in any manner whatsoever."
SECTION 3.
Any violations of the gross weight provisions and tolerances set forth herein, shall be punishable according to the following schedule:
WEDNESDAY, JANUARY 25, 1956
363
For the first 1000 pounds in excess of the allowable amount _.___--____--------------------__--..____.__--.1 <f per pound
For the next 2000 pounds in excess of the allowable amount ___________________________2$ per pound
For the next 2000 pounds in excess of the allowable amount .___._..._._.__......--....-----____._.._._.._.--3 ^ per pound
For the next 3000 pounds in excess of the allowable amount _____.______,,----_.__._____________4# per pound
For all above 8000 pounds in excess of the allowable amount _._________.._.._-_____________-5tf per pound
provided, further, that the minimum fine established hereunder shall be $25.00.
SECTION 4.
All laws and parts of laws in conflict with this Act are hereby repealed.
By unanimous consent, the debate of HB 114 was limited to one hour for each side.
The following amendments to the Committee Substitute were read and adopted:
Mr. Blalock of Clayton moves to amend HB 114 (SUB) by striking from line 16 of Section 2, the words "50 feet" and substituting in their place the words "48 feet".
Mr. Blalock of Clayton moves to amend HB 114 (SUB) by striking the first seven lines of sub-paragraph (c) of Section 2.
Mr. Blalock of Clayton moves to amend HB 114 (SUB) by adding Section 2 (c) after the words "63,280 pounds", the following:
"Provided however, that on roads constructed under the Rural Road Authority, this maximum total gross weight shall not exceed 56,000 pounds unless the vehicle is making a pickup or delivery on such road."
The substitute, as amended, was adopted.
Mr. Smith of Emanuel moved the previous question on the Bill and all the amendments, and the call was sustained.
The main question was ordered.
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, Mr. Scoggin of Floyd moved the ayes and nays and the call was sustained.
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JOURNAL OF THE HOUSE,
The roll was called and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alien Bagby Barber of Colquitt Barber of Jackson Barker Baughman Black Blackburn Blalock Bloodworth Brannen Brown Caldwell Campbell Cason Gates Chambers Chastain Cheek Clary Cloud Cocke Coker of Walker Cowart Dean of Rockdale Denson Drinkard Duke Duncan Elder English Eyler Fain Flynt Fordham Foster Fowler of Douglas Frier Garrard Gilleland Gillis Gross of Stephens Gunter
Hall Hardaway Harrell Harrison of Jeff Davis Harrison of Wayne Hodges Hogan Holley Houston Hurst Ivey Jessup Johnson of Jenkins Johnson of Gilmer Jones of Worth Jones of Lumpkin Jones of Laurens Jordan Kennedy of Turner Kennedy of Tattnall Key Kilgore Killingsworth King of Whitfield King of Chattahoochee Lam Land Larkins Lavender Lokey Long Love Lowe Mackay Mallory Martin Mashburn Massee Matthews McCracken McWhorter Mobley Moorman
Mull Murphey of Crawford Odom Palmer Parker Perkins Pettey Phillips of Columbia Phillips of Walton Pickard Potts Raulerson Ray Rodgers Roughton Ruark Rutland Sanders Sheffield Short Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton Sognier Souter Stephens of Clarke Stewart Strickland. Stripling Tamplin Tarpley Terrell Twitty Underwood of Bartow Underwood of
Montgomery Upshaw Wheeler Williams Willingham Willis Wilson of Peach
Those voting in the negative were Messrs.:
Adams Ayerc Barber of Colquitt
Bentley Birdsong Bodenhamer
Bolton Callier Carlisle Cheatham Coker of Cherokee Cornelius
Cotton Coxwell Deal Deen of Bacon Dozier Floyd
WEDNESDAY, JANUARY 25, 1956
365
Fowler of Tift Freeman Green of Eabun Greene of Crisp Grimsley Groover Gross of Dade Hawkins Hayes Henderson Hendrix Hudson Jackson Jones of Sumter Kclley Killian King of Pike Kitchens
Lanier Lindsey Matheson of Hart Mathis of Hart McGarity McKelvey McKenna Mincy Moore Murphy of Haralson Murr Truelove Musgrove Nightingale Nilan Peacock Pelham Peters
Rarnsey Reed Register Rowland Scoggin Singer Sivell Smith of Evans Stevens of Marion Tanner Turk Veal Watson Wilson of Towns Wooten Wright Young
On the passage of the Bill, by substitute, as amended, the ayes were 127, nays 70.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
The Bill was ordered immediately transmitted to the Senate.
SB 1. By Senator Overby of the 33rd:
A Bill to be entitled an Act to provide for closing of public schools in any county, city or independent school system; and for other purposes.
A Substitute by Messrs. Williams and Gunter of Hall was read and lost.
An amendment offered by Mr. Sanders of Richmond to SB 1 was read and lost.
Mr. Coker of Walker moved the previous question and the call for the previous question was sustained.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, Mr. Groover of Bibb moved the ayes and nays and the call was sustained.
The roll was called and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams
Alien
Ayers
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JOURNAL OP THE HOUSE,
Bagby
Barber of Colquitt Barker
Baughman Birdsong Black
Blackburn Blalock Bloodworth Bodenhamer
Brannen Brown
Caldwell Callier Campbell Carlisle Cason
Gates Chambers Chastain Cheatham Cheek Clary Cloud Cocke Coker of Cherokee Coker of Walker
Cornelius Cotton
Cowart Coxwell Dean of Rockdale Been of Bacon Denson Dozier Drinkard Duke
Duncan Elder English Eyler Fain Floyd Flynt Fordham Foster Fowler of Douglas Fowler of Tift Freeman
Frier Garrard
Gilleiand Gillis Green of Rabun Greene of Crisp
Grimsley
Groover
Gross of Dade Hall Hardaway Harrell
Harrison of Jeff Davis Harrison of Wayne Hawkins Hayes
Henderson Hendrix Hodges
Hogan Holley Huddleston Hudson Hurst Ivey
Jackson Jessup 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 Chattahoochee King of Pike Kitchens
Land Lanier Larkins
Lavender Lindsey Lowe Mallory Martin Mashburn Massee Matheson of Hart Mathis of Lowndes Matthews
Mauldin McCracken McGarity MeKelvey Mincy Mobley Moore Moorman
Mull
Murphey of Crawford Murphy of Haralson Murr Musgrove
Nilan Odom Palmer Parker Peacock
Pelham Peters Pettey Phillips of Columbia Phillips of Walton Pickard
Potts Ramsey Raulerson
Ray Register Rodgers Roughton Rowland
Ruark Sanders
Scoggin Sheffield Short Sivell Smith of Evans Smith of Emanuel Sognier
Souter Stephens of Clarke Stevens of Marion
Stewart Strickland
Stripling Tamplin
Tanner Terrell Todd Truelove Turk Twitty Underwood of Bartow Underwood of
Montgomery Upshaw
Veal Weems Willingham
Willis Wilson of Towns Wilson of Peach
WEDNESDAY, JANUARY 25, 1956
367
Wooten
Wright
Young
Those voting in the negative were Messrs.:
Bentley Gunter Lokey Mackay McKenna
McWhorter Nightingale Reed Rutland Hoke Smith of Fulton
M. M. Smith of Fulton Watson Williams
On the passage of the billj the ayes were 174, nays 13.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Rutland of DeKalb submitted the following explanation of his vote:
I am absolutely in full accord with the idea and knowledge that the will of the people of Georgia is to maintain segregated schools; however, their public school system is the most precious thing that the Government guarantees them and in DeKalb County the majority of the people voting have not said that they wanted to go to a private school system. My vote of "No" to the passage of SB 1 means that I want our DeKalb schools closed if integration is ordered there (segre gated schools are required by the Georgia Constitution and the current budget and appropriation act denies any funds to a school which is integrated) and to remain closed until our citizens demand another form of education for their children. The alternatives will be clearer at that time and their expressed will can be followed more closely.
Mr. Groover of Bibb rose to a Point of Personal Privilege and addressed the House.
Under the regular order of business, the following Bills of the Senate were taken up for consideration and read the third time:
SB 2. By Senator Overby of the 33rd:
A Bill to be entitled an Act to provide that it shall be a misdemeanor for any person to enter upon any state-owned or operated property where such property has been closed to the public on executive order of the Governor; and for other purposes.
Mr. Parker of Appling moved the previous question and the call was sus tained.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the bill, the ayes were 125, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
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JOURNAL OF THE HOUSE,
SB 3. By Senator Overby of the 33rd:
A Bill to be entitled an Act to provide for the leasing of school prop erty of any county, city or independent school system for private edu cational purposes; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, Mr. Groover of Bibb moved the ayes and nays and the call was sustained.
The roll was called and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Ayers Barber of Colquitt Barker Baughman Black Blackburn Blalock Bloodworth Bodenhamer Brannen Brown Caldwell Callier Campbell Carlisle Cason Gates Chambers Chastain Cheatham Cheek Clary Cloud Cocke Coker of Cherokee Coker of Walker Cornelius Cotton Cowart Coxwell Dean of Rockdale Deen of Bacon 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 Dado Hall Hardaway Harrell Harrison of Jeff Davis Hawkins Hayes Henderson Hcndrix Hodges Hogan Holley
Huddleston Hudson Hurst Ivey Jesup Johnson of Gilmer Jones of Worth Jones of Lumpkin Jone3 of Laurens Jones of Sumter Jordan Kelley Kennedy of Turner Kennedy of Tattnall Key Kilgore Killian King of Chattahoochee King of Pike Kitchens Land Lanier Larkins Lavender Lindsey Lowe Mallory Martin Mashburn Massee Matheson of Hart Mathis of Lowndes Matthews Mauldin McCracken
WEDNESDAY, JANUARY 25, 1956
369
McGarity McKelvey McKenna Mincy Mobley Moore Moorman Mull Murphey of Crawford Murphy of Haralson Murr Musgrove Nightingale Nilan Odom Palmer Parker Pelham Peters Pettey Phillips of Columbia Phillips of Walton Pickard Potts
Ramsey Raulerson Ray Reed Register Rodgers Roughton Rowland Rutland Sanders Scoggin Sheffield Short Sivell Smith of Evans Smith of Emanuel Hoke Smith of Fulton Sognier Souter Stephens of Clarke Stevens of Marion Stewart Strickland Stripling
Tamplin Tanner Tarpley Terrell Todd Truelove Twitty Underwood of Bartow Underwood of
Montgomery Upshaw Veal Watson Weems Williams Willingham Willis Wilson of Towns Wilson of Peach Wooten Wright Young
Those voting in the negative were Messrs.:
Bentley Gunter
Lokey Mackay
McWhorter M. M. Smith of Fulton
On the passage of the Bill, the ayes were 174, nays 6.
The Bill, having received the requisite constitutional majority, was passed.
SB 4. By Senator Overby of the 33rd:
A Bill to be entitled an Act to amend an Act creating the State School Building Authority, so as to authorize the subleasing of any structure, building or facility of the authority for private educational purposes; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, Mr. Lavender of Elbert moved the ayes and nays and the call was sustained.
The roll was called and the vote was as follows:
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JOURNAL OP THE HOUSE,
Those voting in the affirmative were Messrs.:
Adams Alien Ayers Bagby Barber of Colquitt
Barker Baughman
Black Blackburn Blalock Bloodworth Bodenhamer Brannen Brown Caldwell Callier Campbell Carlisle Cason Gates Chambers Chastain Cheatham Cheek Clary Cloud Coker of Cherokee Coker of Walker Cornelius Cotton Cowart Coxwell Been of Bacon 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 Dade Hall Hardaway Harrell Harrison of Jeff Davis Harrison of Wayne Hawkins Hayes Henderson Hendrix Hodges Hogan Holley Huddleston Hudson Hurst Ivey Jessup Johnson of Gilmer Jonea of Worth Jones of Lumpkin Jones of Laurens Jones of Sumter Jordan Kelley Kennedy of Turner Kennedy of Tattnall Key Kilgore Killian King of Chattahoochee King of Pike Kitchens Land Lanier Larkins Lavender Lindsey Lowe Mallory Martin Mashburn Massee Matheson of Hart Mathis of Lowndes Matthews Mauldin McCracken McGarity McKelvey McKenna
Mincy Mobley Moore Moorman Mull Murphey of Crawford Murphy of Haralson
Murr Musgrove Nightingale Nilan Odom
Palmer Parker Peacock Pelham
Peters Pettey Phillips of Columbia Phillips of Walton Pickard
Potts Ramsey Raulerson
Ray Reed Register
Rodgers Roughton
Rowland Rutland Sanders Scoggin Sheffield Short Sivell Smith of Evans Smith of Emanuel Hoke Smith of Fulton
Sognier Souter Stephens of Clarke
Stewart Strickland Stripling Tamplin
Tanner Tarpley
Terrell Todd Truelove
Twitty Underwood of Bartow
WEDNESDAY, JANUARY 25, 1956
371
Underwood of Montgomery
Upshaw Veal Watson
Weems Williams Willingham Willis Wilson of Towns
Wilson of Peach Wooten Wright Young
Those voting in the negative were Messrs.:
Bentley Gunter
Lokey Mackay
McWhorter M. M. Smith of Fulton
On the passage of the Bill, the ayes were 175, nays 6.
The Bill, having received the requisite constitutional majority, was passed.
SB 8. By Senator Overby of the 33rd:
A Bill to be entitled an Act to prohibit operation of any private school without a certificate from State Fire Marshal stating that buildings do not constitute a fire hazard; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, Mr. Groover of Bibb moved the ayes and nays and the call was sustained.
The roll was called and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Ayers Bagby
Barber of Colquitt Barker Baughman Bentley Black Blackburn Blalock
Bloodworth Bodenhamer Brannen Brown Caldwell Callier Campbell Carlisle
Cason Gates Chambers Chastain
Cheatham Cheek Clary Cloud Coker of Cherokee Coker of Walker Cornelius
Cotton Cowart Coxwell Deen of Bacon Denson Dozier Drinkard Duke
Duncan Elder English Eyler
Fain Floyd Flynt Fordham Foster Fowler of Douglas Fowler of Tift
Freeman Frier Garrard Gilleland Gillia Green of Rabun Greene of Crisp Grimsley
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JOURNAL OP THE HOUSE,
Groover Gross of Dade Gunter Hall Hardaway Harrell Harrison of Jeff Davis Harrison of Wayne Hawkins Hayes Henderson Hendrix Hodges Hogan Holley Huddleston Hudson Hurst
Ivey Jessup 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 Chattahoochee King of Pike Kitchens Land Lanier Larkins Lavender Lindsey Lokey Long-
Lows Mackay Mallory Martin Mashburn Massee Matheson of Hart Mathis of Lowndes Matthews Mauldin McCracken McGarity McKelvey McWhorter Mincy Mobley Moore Moorman Mull Murphey of Crawford Murphy of Haralson Murr Musgrove Nightingale Nilan Odom Palmer Parker Peacock Pelham Peters Pettey Phillips of Columbia Phillips of Walton Pickard Potts Ramsey Raulerson Ray Reed Register Rodgers
Roughton Rowland Ruark Rutland Sanders Scoggin Sheffield Short Sivell Smith of Evans Smith of Emanuel Hoke Smith of Fulton Sognier Souter Stephens of Clarke Stewart Strickland Stripling Tamplin Tanner Tarpley Terrell Todd Truelove Twitty Underwood of Bartow Underwood of
Montgomery Upshaw Veal Watson Weems Williams Willinghara Willis Wilson of Towns Wilson of Peach Wooten Wright Young
Those voting in the negative were Messrs.:
McKenna
M. M. Smith of Fulton
On the passage of the Bill, the ayes were 180, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
The following Resolutions of the House were read and adopted:
WEDNESDAY, JANUARY 25, 1956
373
HR 107. By Messrs. Mobley of Burke, Tamplin of Morgan and Johnson of Jenkins:
A Resolution to memorialize our U. S. Senators and Congressmen of the State of Georgia to aid the farmers of Georgia and commend them for their efforts for our farmers; and for other purposes.
HR 108. By Messrs. Blackburn of Habersham, Johnson of Jenkins and Black of Webster:
A Resolution expressing deep sympathy from the House of Representa tives to Honorable Roscoe Denmark of Liberty in the death of his brother; and for other purposes.
HR 109. By Mr. Ramsey of Effingham, and others:
A RESOLUTION.
WHEREAS, on January 24, 1956, the Honorable Harvey Roughton, Representative from the County of Washington, delivered on the floor of the House a speech deploring certain expressions regarding the General Assembly of Georgia recently emanating from members of the Methodist Ministerial Association; and
WHEREAS, it is the belief of the members of the General As sembly and particularly of the House of Representatives that the mat ters mentioned in Representative Roughton's aforesaid speech, are of much interest;
RESOLVED: By the House of Representatives of the State of Georgia, and it is hereby resolved by authority of the same, that the Clerk of the House do make and circulate among the members of both the House and Senate copies of the speech of Representative Roughton, in order that each and every member may have the benefit of the same in all deliberations on the questions involved.
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 do now adjourn until 10:00 o'clock tomorrow morning.
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JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia. Thursday, January 26, 1956.
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 Barber of Colquitt
Barber of Jackson Barker Baughman
Bentley Birdsong Black Blackburn Blalock Bloodworth Bodenhamer Brannen
Brown Caldwell
Callier Campbell
Carlisle Cason Gates Chambers Chastain Cheatham
Cheek Cloud Cocke Coker of Walker
Cornelius Cotton Cowart Coxwell Deal Deen of Bacon
Dozier Drinkard Duke Edenfield English
Eyler Fain Floyd Flynt Fordham
Foster
Fowler of Douglas
Fowler of Tift Freeman Frier Garrard
Gilleland Green Grimsley Groover
Gross of Stephens Gross of Dade Gunter Hall Hardaway Harrell Harrison of Wayne Hawkins Hayes Henderson Hodges Hogan Holley Houston Huddleston Hudson
Hurst 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 Killingsworth King of Whitfield King of Pike
Kitchens Lam
Land Larkins Lindsey Lokey Love Lowe Mackay Mallory Martin Mashburn Mathis of Lowndes Mauldin McCracken McKelvey McKenna Mincy Mobley Moore Moorman Mull Murphey of Crawford
Murphy of Haralson Murr Musgrove Nightingale
Nilan Odom Palmer Parker Peacock Pelham Pettey Phillips of Columbia Phillips of Walton Pickard Potts Ramsey Raulerson Ray Reed Register Rodgers Ruark Russell Rutland
THURSDAY, JANUARY 26, 1956
375
Sanders Scoggin Sheffield Short Sivell Smith of Evans Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Pulton Sognier Souter
Stovens Stewart Strickland
Stripling Tamplin Tanner
Tarpley Todd Truelove Turk
Underwood of Montgomery
Veal Watson Weems Williams Wilson of Towns Wilson of Peach Wooten Wright Young
Mr. Lam of Troup requested the Journal to show that had he been present, he would have voted aye on the following Bills: SB 1, SB 2, SB 3, SB 4, SB 8.
Mr. Birdsong of Troup requested the Journal to show that had he been present, he would have voted for SB 3, SB 4 and SB 8 on yesterday, but having been called home on account of personal business, it was impossible to do so.
Mr. Veal of Putnam, Acting Chairman of the Committee on Journals, re ported 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 302. By Mr. Fain of Franklin: A Bill to be entitled an Act to amend an Act incorporating the City
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JOURNAL OF THE HOUSE,
of Royston, so as to provide the type of municipal government, and for other purposes.
Referred to the Committee on Municipal Government.
HB 303. By Messrs. Denson and Watson of Dougherty:
A Bill to be entitled an Act to amend an Act consolidating the office of Tax Receiver and the Office of Tax Collector of Dougherty County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 304. 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.
Referred to the Committee on Municipal Government.
HB 305. By Messrs. Watson and Denson of Dougherty, Gunter and Williams of Hall, Birdsong and Lam of Troup:
A Bill to be entitled an Act to amend an Act relative to branch banks, in counties with a population of not less than 40,000 or more than 60,000; and for other purposes.
Referred to the Committee on Banks and Banking.
HB 306. By Messrs. Groover of Bibb, Brennen of Dooly, Murphey of Crawford, Jessup of Bleckley, Pelham of Schley and many others:
A Bill to be entitled an Act to amend an Act creating the Employees' Retirement System of Georgia; and for other purposes.
Referred to the Committee on State of Republic.
HB 307. By Mr. Bloodworth of Houston:
A Bill to be entitled an Act to amend an Act creating a city charter for the municipality of Warner Robins, and for other purposes.
Referred to the Committee on Municipal Government.
HB 308. By Mr. Bloodworth of Houston:
A Bill to be entitled an Act to amend an Act creating and establishing a charter for the City of Warner Robins, and for other purposes.
Referred to the Committee on Municipal Government.
HB 309. By Messrs. Raulerson of Echols, Rodgers of Charlton, Register of Lowndes, Jessup of Bleckley, Parker of Appling and many others:
A Bill to be entitled an Act to provide for the installation of wind shields and tops on track cars operated by common carriers; to authorize the Public Service Commission to promulgate rules and regulations con cerning same; and for other purposes.
Referred to the Committee on Industrial Relations.
THURSDAY, JANUARY 26, 1956
377
HB 310. By Messrs. Groover of Bibb, Brannen of Dooly, Murphey of Crawford, Jessup of Bleckley, King of Pike, Pelham of Schley and others:
A Bill to be entitled an Act to amend an Act creating the Teachers Retirement System of Georgia; and for other purposes.
Referred to the Committee on State of Republic.
HB 311. By Messrs. Groover of Bibb, Brannen of Dooly, Murphey of Crawford, Jessup of Bleckley, King of Pike, Pelham of Schley and others:
A Bill to be entitled an Act to amend an Act creating the Georgia Fire men's Pension Fund, and for other purposes.
Referred to the Committee on State of Republic.
HB 312. By Mr. Long of Murray:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Chatsworth, and for other purposes.
Referred to the Committee on Municipal Government.
HB 313. By Messrs. Cowart of Calhoun, Phillips of Walton, Denson of Dougherty, Cocke of Terrell and Wheeler of Seminole:
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.
HB 314. By Messrs. Kilgore and Kelley of Gwinnett:
A Bill to be entitled an Act to create a new municipality in Gwinnett County, Georgia to be known as the City of Berkeley Lake, and for other purposes.
Referred to the Committee on Municipal Government.
HB 315. By Mr. Strickland of Toombs:
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 provide that it shall be unlawful to sell liquor in any of the counties specified in this Act between 9:00 A. M. and after 9:15 P. M., and for other purposes.
Referred to the Committee on Temperance.
Mr. Strickland of Toombs moved that the Bill be engrossed:
On the motion to engross, Mr. Strickland moved the ayes and nays and the call was sustained.
The roll was called and the vote was as follows:
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JOURNAL OP THE HOUSE,
Those voting in the affirmative were Messrs.:
Adams Alien Ayers Barber of Colquitt Barker Birdsong Black Blackburn Blalock Bloodworth Bodenhamer Bolton Brannen Brown Callier Campbell Carlisle Cason Chambers Coker of Walker Cowart Deal Dean of Rockdale Deen of Bacon Dozier Duke Duncan Eyler Fain Fordham Foster Fowler of Douglas Freeman Garrard Gilleland Greene of Crisp Grimsley
Groover Gross of Stephens Gross of Dade Hardaway Harrell Hayes Henderson Hendrix Hodges Holley Houston Hudson Hurst Jessup Johnson of Gilmer Jones of Lumpkin Jones of Laurens Jones of Sumter Kelley Kennedy of Tattnall Kilgore King of Whitfield Land Larkins Lavender Lindsey Long Love Lowe Mackay Mallory Mashburn Mathis of Lowndes McGarity McKelvey McKenna Mobley
Moore Moorman Mull Murphey of Crawford Murr
Nightingale
Nilan Palmer
Parker
Ramsey Register Rodgers Rowland Ruark Rutland Sanders Short Sivell Smith of Evans Stevens Stewart Strickland Tanner Terrell Todd Turk Twitty
Upshaw Veal
Weems Williams
Wilson of Towns Wilson of Peach Wooten Young
Those voting in the negative were Messrs.:
Baughman Chastain Cheek Cotton Coxwell Denson
English Green of Rabun Gunter Hawkins Jones of Worth King of Pike
McCracken Musgrove Pettey Phillips of Columbia Sheffield Smith of Emanuel
On the motion to engross, the ayes were 109, nays 18.
The motion prevailed, and the Bill was ordered engrossed.
THURSDAY, JANUARY 26, 1956
379
HB 316. 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 College Park, and for other purposes.
Referred to the Committee on Municipal Government.
HB 317. 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 College Park, and for other purposes.
Referred to the Committee on Municipal Government.
HB 318. 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 319. By Messrs. Hayes and Tanner of Coffee:
A Bill to be entitled an Act to amend an Act relating to the age of legal majority, and for other purposes.
Referred to the Committee on Special Judiciary.
HR 110-319a. By Mr. Ivey of Newton: A Resolution to compensate Walker Harris; and for other purposes.
Referred to the Committee on Special Appropriations.
HR lll-319b. By Messrs. Raulerson of Echols and Rodgers of Charlton:
A Resolution proposing an amendment to the Constitution so as to em power the General Assembly to exempt vehicles from State and County ad valorem taxes; and for other purposes.
Referred to the Committee on Amendments to Constitution #1.
HR 112-319c. By Messrs. Tanner and Hayes of Coffee: A Resolution compensating W. S. Mooneyham; and for other purposes.
Referred to the Committee on Special Appropriations.
HR 113-319d. 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 114-319e. By Mr. Wheeler of Seminole:
A Resolution to compensate Emma Mae Bell for the death of her hus band, and for other purposes.
Referred to the Committee on Special Appropriations.
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JOURNAL OF THE HOUSE,
HR 115-319f. By Mr. Wheeler of Seminole:
A Resolution to compensate Lillie Ruth Lee of Bascom, Florida, for the death of her husband; and for other purposes.
Referred to the Committee on Special Appropriations.
HR 116-319g. 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 117-319h. By Mr. Kennedy of Tattnall:
,
A Resolution to compensate R. G. Wilkes; and for other purposes.
Referred to the Committee on Special Appropriations.
HR 118-319i. By Messrs. Sanders, Holley and Chambers of Richmond:
A Resolution proposing an amendment to the Constitution authorizing the General Assembly to consolidate and combine the Richmond County and City Council of Augusta tax assessors for both real and personal property and all the governmental functions now vested in and exercised by the said boards in the City Council of Augusta and Richmond County; and for other purposes.
Referred to the Committee on Amendments to Constitution #1.
HR 119-319J. 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.
HB 320. By Mr. Tarpley of Union:
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; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 321. By Mr. Tarpley of Union:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner (Director of Taxes) of Union County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 322. By Mr. Tarpley of Union:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety for Georgia and making provisions relative to the
THURSDAY, JANUARY 26, 1956
381
issuance, suspension and revocation of drivers' licenses; and for other purposes.
Referred to the Committee on Motor Vehicles.
By unanimous consent, the following Committee Reports were submitted and read:
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 129. Do Not Pass.
Respectfully submitted,
McGarity of Henry,
Chairman.
Mr. Freeman of Monroe County, Chairman of the Committee on Amendments to Constitution #1, submitted the following report: Mr. Speaker:
Your Committee on Amendments to Constitution #1 has had under con sideration the following Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommenda tions :
HR 105-300b. Do Pass. HR 84-2141. Do Pass. HR 77-214b. Do Pass. HR 83-214b. Do Pass. HR 82-214g. Do Pass. HR 76-214a. Do Pass. HR 79-214d. 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
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JOURNAL OF THE HOUSE,
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. HB 254. Do Pass. HB 258. Do Pass. HB 260. 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 Committees 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 228. Do Pass. HB 240. Do Pass. HB 248. Do Pass. HB 212. Do Pass. HB 211. Do Pass.
HB 213. Do Pass. HB 227. Do Pass.
HB 225. Do Pass.
HB 230. Do Pass. HB 264. Do Pass.
HB 251. Do Pass. HB 224. Do Pass.
HB 137. Do Pass.
Respectfully submitted,
Short of Colquitt,
Chairman.
Mr. Bodenhamer of Tift County, Chairman of the Committee on Education #1, submitted the following report:
THURSDAY, JANUARY 26, 1956
383
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 recommendation:
HB 110. Do Pass, by Committee substitute.
Respectfully submitted,
Bodenhamer of Tift,
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 Senate and House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 17. Do Not Pass.
HB 183. Do Pass, by Committee substitute.
HB 234. Do Pass.
HB 237. Do Pass.
Respectfully submitted,
Carlisle of Bibb,
Chairman.
Mr. Hoke Smith of Pulton 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 295. Do Pass.
HB 296. Do Pass.
HB 287. Do Pass.
HB 182. Do Pass.
HB 222. Do Pass.
HB 231. Do Pass.
HB 273. Do Pass.
HB 242. Do Pass.
HB 156. Do Pass.
HB 229. Do Pass.
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JOURNAL OP THE HOUSE,
HB 223. Do Pass. HB 181. Do Pass. HB 157. Do Pass. HB 291. Do Pass. HB 290. Do Pass. HB 155. Do Pass. HB 252. Do Pass. HB 297. Do Pass. HB 262. Do Pass. HB 226. Do Pass. HB 238. Do Pass. HB 289. Do Pass. HB 250. Do Pass. HB 300. Do Pass. HB 233. Do Pass. HB 288. Do Pass. HB 293. Do Pass. HB 232. Do Pass.
Respectfully submitted, Hoke Smith of Fulton, Chairman.
Mr. Barber of Colquitt County, Chairman of the Committee on Special Appropriations submitted the following report:
Mr. Speaker:
Your Committee on Special Appropriations has had under consideration the following Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HR 80-214e. Do Pass.
Respectfully submitted,
Barber of Colquitt,
Chairman.
Mr. Drinkard of Lincoln County, Chairman of the Committee on State of Republic, submitted the following report:
Mr. Speaker:
Your Committee on State of Republic has had under consideration the fol-
THURSDAY, JANUARY 26, 1956
385
lowing 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 268. Do Pass. HB 271. Do Pass. HB 294. Do Pass. HR 65-194b. 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 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 177. Do Pass.
HR 48-129d. Do Pass.
Respectfully submitted,
Blalock of Clayton,
Chairman.
By unanimous consent, the following Bills and Resolutions of the House, favorably reported, were read the second time:
HB 110. By Messrs. Cheatham, Eyler and Sognier of Chatham:
A Bill to be entitled an Act to amend an Act entitled An Act to author ize and empower County Boards of Education to condemn private prop erty for public school purposes or to be used in connection with the public educational program of the county, and for other purposes.
HB 137. By Messrs. Potts and Stripling of Coweta:
A Bill to be entitled an Act to prohibit the solicitation of votes by any means or method for any person or proposition or any election day with in a specified distance of any voting place; and for other purposes.
HB 155. By Mr. Jones of Laurens:
A Bill to be entitled an Act to amend an Act creating the City Court of Dublin; and for other purposes.
HB 156. By Messrs. Duke and Massee of Baldwin: A Bill to be entitled an Act to authorize the governing authority of the
386
JOURNAL OF THE HOUSE,
City of Milledgeville to provide for zoning and planning; to authorize joint operation with Baldwin County; and for other purposes.
HB 157. By Mr. Jones of Laurens:
A Bill to be entitled an Act to amend an Act incorporating the Town of East Dublin, so as to provide that the mayor and council may place a proper valuation on property that is not returned for taxation; and for other purposes.
HB 177. By Mr. Key of Jasper:
A Bill to be entitled an Act to provide for qualified surety companies to become surety to the extent of $200.00 with respect to guaranteed arrest bond certificates of automobile clubs and associations; and for other purposes.
HB 181. By Mr. Jones of Laurens:
A Bill to be entitled an Act to amend an Act creating the City Court of Dublin; so as to change the jurisdiction of the City Court; and for other purposes.
HB 182. By Mr. Jones of Laurens:
A Bill to be entitled an Act to amend an Act incorporating the Town of East Dublin, and for other purposes.
HB 211. By Messrs. Kelley and 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 212. By Messrs. Kelley and Kilgore of Gwinnett:
A Bill to be entitled an Act to provide for the compensation of the Sheriff, the Clerk of the Superior Court, the Clerk of the City Court and the Ordinary of Gwinnett County, and for other purposes.
HB 213. By Messrs. Kilgore and Kelley of Gwinnett:
A Bill to be entitled an Act to consolidate the offices of Tax Receiver and Tax Collector of Gwinnett County into the Office of Tax Commis sioner of Gwinnett County, and for other purposes.
HB 222. By Mr. Ivey of Newton:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Covington, and for other purposes.
HB 223. By Mr. Ivey of Newton:
A Bill to be entitled an Act to repeal an Act entitled An Act to in corporate the Town of Covington Mills, and for other purposes.
THURSDAY, JANUARY 26, 1956
387
HB 224. By Mr. Henderson of Atkinson:
A Bill to be entitled an Act to amend an Act creating the office of Com missioner of Roads and Revenues in the County of Atkinson, and for other purposes.
HB 225. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to amend an Act creating the Dublin Judicial Circuit, and for other purposes.
HB 226. By Messrs. Cheatham, Sognier and Eyler of Chatham:
A Bill to be entitled an Act to amend the Charter of the Town of Pooler, and for other purposes.
HB 227. 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 228. By Messrs. Chambers, Holley and Sanders of Richmond:
A Bill to be entitled an Act to abolish the office cf Tax Receiver and Tax Collector of Richmond County; to create the office of Richmond County Tax Commissioner; and for other purposes.
HB 229. By Messrs. Cheatham, Sognier and Eyler of Chatham:
A Bill to be entitled an Act to amend the charter of the Town of Pooler, and for other purposes.
HB 230. By Mr. Underwood of Montgomery:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Montgomery County, and for other purposes.
HB 231. By Messrs. Cheatham, Sognier and Eyler of Chatham:
A Bill to be entitled an Act to amend the charter of the Mayor and Aldermen of the City of Savannah, relating to the Savannah Civil Service System, and for other purposes.
HB 232. By Messrs. Williams and Gunter of Hall and Martin of Banks:
A Bill to be entitled an Act to incorporate the City of Lula in the Counties of Hall and Banks; to grant a charter to said City; and for other purposes.
HB 233. By Messrs. Williams and Gunter of Hall:
A Bill to be entitled an Act to amend the Charter of the City of Gainesville; to change the corporate name of said city; to abolish the office of mayor and councilmen and certain other offices of said city created by Legislative Enactment; to provide for a Commission Manager form of Government for said city, and for other purposes.
388
JOURNAL OF THE HOUSE,
HB 234. By Messrs. Stripling of Coweta, Willingham of Cobb and Groover of Bibb:
A Bill to be entitled an Act to repeal an Act relating to the inquiry into offenses relating to obscene matter by indictment or presentment; and for other purposes.
HB 237. By Messrs. Stripling of Coweta, Willingham of Cobb and Groover of Bibb:
A Bill to be entitled an Act to amend an Act relating to abandonment of children and the penalty therefor, so as to provide that said Act shall apply to illegitimate children; and for other purposes.
HB 238. By Messrs. Young, Nilan and Pickard of Muscogee:
A Bill to be entitled an Act to amend an Act amending the charter of the City of Columbus, providing for the supervision, control and management of all of the facilities of said City for the collection, treat ment and disposal of sanitary sewerage by the Board of Water Com missioners of said City; and for other purposes.
HB 240. By Messrs. Gunter and Williams of Hall:
A Bill to be entitled an Act to provide that the Commissioners of Roads and Revenues of Hall County, shall, in their discretion, have power and authority to call and provide for the holding not more than once in each calendar year of an advisory referendum in which the qualified voters of Hall County can express their opinion, and for other purposes.
HB 242. By Messrs. Twitty and Palmer of Mitchell:
A Bill to be entitled an Act to provide that the Mayor and Council of the City of Camilla shall have the power to designate by appointment the person, firm or corporation to be City Treasurer of Camilla, and for other purposes.
HB 248. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A Bill to be entitled an Act to authorize the establishment of more than one election precinct in a Militia District in certain counties, and for other purposes.
HB 250. By Messrs. Bolton and Lindsey of Spalding:
A Bill to be entitled an Act to repeal an Act authorizing the Commis sioners of the City of Griffin to close and vacate a portion of a certain street in the City of Griffin, and for other purposes.
HB 251. By Messrs. Bolton and Lindsey of Spalding:
A Bill to be entitled an Act to provide for an expense allowance for the members of the Board of Commissioners of Roads and Revenues of Spalding County; and for other purposes.
THURSDAY, JANUARY 26, 1956
389
HB 252. By Messrs. Bolton and Lindsey of Spalding:
A Bill to be entitled an Act to amend an Act creating the charter of the City of Griffin, to extend the city and corporate limits and bounda ries of certain areas adjacent to the present corporate limits, and for other purposes.
HB 253. By Mr. H. Smith of Fulton:
A Bill to be entitled an Act to amend an Act entitled An Act to provide for the use of voting machines for casting, registering, recording and computing ballots of votes at all elections in certain counties, and for other purposes.
HB 254. By Messrs. H. Smith, M. Smith and Lokey of Pulton:
A Bill to be entitled an Act to amend an Act known as the Voters Registration Act, in certain counties, and for other purposes.
HB 258. By Messrs. Lokey and Hoke Smith of Fulton:
A Bill to be entitled an Act to amend an Act authorizing the establish ment of Limited Access Highways in counties having a population of 300,000 or more, and for other purposes.
HB 260. By Messrs. Lokey and Hoke Smith 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 in certain counties, ad for other purposes.
HB 262. By Messrs. Foster and Blalock of Clayton:
A Bill to be entitled an Act to amend an Act entitled An Act to in corporate the Town of Forest Park, and for other purposes.
Referred to the Committee on Municipal Government.
HB 264. By Messrs. Birdsong and Lam of Troup:
A Bill to be entitled an Act to amend an Act establishing a pension and retirement system for the employees of Troup County, and for other purposes.
HB 268. By Messrs. Moate of Hancock and Groover of Bibb:
A Bill to be entitled an Act to require that all persons traveling in intrastate travel occupy or use only the waiting rooms marked and pro vided for such persons; and for other purposes.
HB 271. By Messrs. Moate of Hancock and Groover of Bibb:
A Bill to be entitled an Act to amend an Act relating to common carriers of passengers for hire, and for other purposes.
390
JOURNAL OP THE HOUSE,
HB 273. By Mr. Cocke of Terrell:
A Bill to be entitled an Act to amend the Charter of the City of Dawson, and for other purposes.
HB 287. By Messrs. Foster and Blalock of Clayton:
A Bill to be entitled an Act to create and incorporate the City of Mountain View, and for other purposes.
HB 288. By Mr. Odom of Camden:
A Bill to be entitled an Act to amend the Charter of the City of St. Marys, and for other purposes.
HB 289. By Messrs. Hayes and Tanner of Coffee:
A Bill to be entitled an Act to amend an Act creating a new charter and municipal government for the City of Douglas, and for other pur poses.
HB 291. By Mr. Odom of Camden:
A Bill to be entitled an Act to authorize, empower and direct the City of St. Marys, to abandon and close portions of City Streets, and for other purposes.
Referred to the Committee on Municipal Government.
HB 293. By Messrs. Hayes and Tanner of Coffee:
A Bill to be entitled an Act to amend an Act creating a new charter and municipal government for the City of Douglas, so as to change the method and procedure of passing and enacting ordinances, and for other purposes.
HB 294. By Mr. Barber of Colquitt:
A Bill to be entitled an Act to amend an Act establishing a State Board for Professional Engineers and Surveyors, and for other purposes.
HB 295. By Messrs. Cornelius and McKelvey of Polk:
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 Cedartown, and for other purposes.
HB 296. By Messrs. Cornelius and McKelvey of Polk:
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 Cedartown, and for other purposes.
HB 297. By Messrs. Blalock and Foster of Clayton:
A Bill to be entitled an Act to incorporate the City of Riverdale in the County of Clayton, and for other purposes.
THURSDAY, JANUARY 26, 1956
391
HB 300. By Messrs. Groover, Carlisle and McKenna of Bibb:
A Bill to be entitled an Act to approve, ratify and confirm Acts of the City of Macon and of its Mayor and Board of Aldermen in closing, vacating and abandoning an alley in the City of Macon situate between and separating Lots 2 and 3 in Square 20, and for other purposes.
HB 290. By Messrs. Hayes and Tanner of Coffee:
A Bill to be entitled an Act to amend an Act creating a new charter and municipal government for the City of Douglas, and for other pur poses.
HB 282. By Mr. Hendrix of Long:
A Bill to be entitled an Act to provide that members of the County Boards of Education in counties having a population of not more than 3700 and not less than 3585, shall be paid a per diem of $20.00 per day for actual services, and for other purposes.
HR 105-300f. By Mr. Phillips of Walton:
A Resolution proposing an amendment to the Constitution, exclusive of those residing within the corporate limits of Social Circle, so as to pro vide that all of Walton County exclusive of the Independent School System of Social Circle shall comprise one school district and for other purposes.
HR 76-214a. By Messrs. Lokey and M. Smith of Fulton:
A Resolution proposing an amendment to the Constitution fixing the terms of office of the Judges of the Superior Court of the Atlanta Ju dicial circuit, and for other purposes.
HR 77-214b. By Messrs. Watson and Denson of Dougherty:
A Resolution proposing an amendment to the Constitution so as to provide for the establishment of a sewage system in the City of Albany and Dougherty County; and for other purposes.
HR 79-214d. By Messrs. Willis and Chastain of Thomas:
A Resolution proposing an amendment to the Constitution so as to pro vide for the election of members of the Board of Education of Thomas County by districts; and for other purposes.
HR 80-214e. By Mr. Callier of Talbot:
A Resolution authorizing payment for damages to Mr. Lincoln Fortune; and for other purposes.
HR 82-214g. By Messrs. Wright, Hall and Scoggin of Floyd:
A Resolution proposing an amendment to the Constitution so as to pro vide for the establishment and administration of a system of street lights for Floyd County by the Commissioner of Roads and Revenues, and for other purposes.
392
JOURNAL OF THE HOUSE,
HE 83-214h. By Messrs. Register and Mathis of Lowndes:
A Resolution proposing an amendment to the Constitution so as to provide for the election of members of the Lowndes County Board of Education by the people; and for other purposes.
HR 84-214i. By Messrs. Watson and Denson of Dougherty:
A Resolution proposing an amendment to the Constitution so as to provide for the establishment of a sewage system in the City of Albany and Dougherty County; and for other purposes.
HR 48-129d. By Messrs. Moate of Hancock, Willingham of Cobb and Groover of Bibb:
A Resolution authorizing the State Revenue Commissioner to receive amended returns for the first taxable year ending on or after February 15, 1952, in accordance with the provision of former Code Sec. 92-3109 (c) (6) as set forth herein and to adjust income tax liability of a tax payer filing such an amended return as prescribed therein, such amended return to be filed on or before June 30, 1956 and not thereafter, and for other purposes.
Mr. Martin of Banks moved that the following Bill of the House be with drawn from further consideration of the House.
HB 284. By Messrs. Martin of Banks, Hurst of Quitman, Fain of Franklin, Rodgers of Charlton, Willis of Thomas and Blackburn of Habersham:
A Bill to be entitled an Act to provide for any person to be eligible as a candidate for any State, Congressional or County Office in the general election shall be required to be nominated in a primary election and providing that the Executive Committees provide the necessary rules and regulations for holding such primary elections; and for other pur poses.
The motion prevailed, and the Bill was withdrawn from further consideration of the House.
Mr. Fowler of Douglas moved that the following Bill of the House be with drawn from the Committee on Hygiene and Sanitation, read the second time and recommitted:
HB 298. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to amend an Act relating to the Board of Dental Examiners of Georgia; and for other purposes.
The motion prevailed, and the Bill was withdrawn, read the second time and recommitted.
Under the regular order of business, the following Bills and Resolutions of the House were taken up for consideration and read the third time:
THURSDAY, JANUARY 26, 1956
393
HR 16-64a. By Mr. Coker of Cherokee:
A RESOLUTION
Proposing to the qualified voters an amendment to Article VIII, Section V, Paragraph I of the Constitution of Georgia, so as to provide for the merger of the Canton Independent School System and the Chero kee County School System into one consolidated school system; to create a Board of Education having authority to operate said school system; to provide for the members of said Board; to provide an effective date; 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 of Georgia, is hereby amended by adding at the end thereof the following:
"That the existing independent school system of the City of Canton and the existing school system in the County of Cherokee outside the corporate limits of said city, are hereby merged into one school system, co-extensive with the limits of Cherokee County, and the said existing independent school system of the City of Canton and the school system of Cherokee County outside the corporate limits of said City of Canton are hereby abolished. Said merged school districts shall constitute a new school system and districts, and shall constitute a political subdivision of the State of Georgia separate from the political entities of the City of Canton and the County of Cherokee, and shall be known as the Chero kee County School System.
"The school system so created is authorized to incur bonded indebt edness for the purpose of constructing, erecting, enlarging, repairing and improving the necessary school buildings, and for acquiring the necessary property therefor.
"The said Cherokee County System is hereby vested within the power to conduct a system of public education throughout the limits of Cherokee County and with all powers and authorities granted to public school systems and districts by the Constitution and laws of the State of Georgia.
"The administration of said Cherokee County School System shall be vested in a board, to be known as the Cherokee County Board of Education, hereinafter referred to as the Board. Said Board shall have the power to employ and fix the salaries of any and all personnel neces sary to effectuate the purposes of this amendment. Said Board shall consist of seven members, two of whom shall reside within the corporate limits of the City of Canton in the Canton Militia District, one of whom shall reside in the Canton Militia District outside the corporate limits of the City of Canton, and one of whom shall reside in each school dis trict of Cherokee County lying outside the Canton Militia District, as herein provided.
"For the purposes of electing the members of the Board, Cherokee County is hereby divided into five (5) districts, as follows:
"(1) The Canton District, comprising the Canton Militia District;
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JOURNAL OF THE HOUSE,
"(2) The North Section, comprising the Ball Ground, and Conns Creek Militia Districts;
"(3) The East Section, comprising the Cross Roads, Little River, Mullins, and Hickory Plat Militia Districts;
"(4) The South Section, comprising the Woodstock, Wildcat, Lickskillet, Bells, and Sixes Militia Districts; and
"(5) The West Section, comprising the Salacoa, Harbins, Clayton and Pair Play Militia Districts.
"Thereafter, the boundaries of each district shall be changed by the General Assembly of Georgia. No person shall be elected to said Board who does not reside within the district which such person is to represent.
"Each member of the Board shall be elected by the qualified voters of his school district, except that the qualified voters of the Canton Dis trict within the corporate limits of the City of Canton shall elect from the citizens of the Canton District within the corporate limits of the City of Canton two (2) freeholders and the qualified voters of the Can ton District outside the corporate limits of the City of Canton shall elect from the citizens of the Canton District outside the corporate limits of the City of Canton one (1) freeholder. The qualified voters of each of the other four (4) school districts shall elect from the citizens of their respective school district a freeholder. Each member shall be elected for a term of seven (7) years, except that the first election of Board members under this provision shall be for such terms as will provide for the expiration of the term of one member of the Cherokee County Board of Education each year.
"Within fifteen days after the ratification of this amendment, it shall be the duty of the Ordinary of Cherokee County to issue the call for an election to be held within the school districts, as herein provided, to elect members of the Board. Such election shall be held not less than ten (10) nor more than twenty (20) days after the issuance of the call, and the members elected shall enter upon the duties of their office. Thereafter, the election of a successor to the member whose term ex pires that year shall be held on the Tuesday after the first Monday in November and he shall take office on January 1 following election. The General Assembly is hereby authorized to change the election day herein provided.
"At the election called upon ratification of this amendment, the candidate from the Canton District within the corporate limits of the City of Canton receiving the largest number of votes within the corp orate limits of the City of Canton shall serve for a term of seven (7) years. The candidate from the Canton District within the corporate limits of the City of Canton receiving the second largest number of votes within the corporate limits of the City of Canton shall serve for a term of one (1) year. The candidate from the Canton District outside the Corporate limits of the City of Canton receiving the largest number of votes in the Canton District, outside the corporate limits of the City of Canton shall serve for a term of four (4) years. The candidate from the North Section receiving the largest number of votes in the North Section shall serve for a term of two (2) years. The candidate from the East Section receiving the largest number of votes in the East Sec-
THURSDAY, JANUARY 26, 1956
395
tion shall serve for a term of three (3) years. The candidate from the South Section receiving the largest number of votes in the South Section shall serve for a term of five (5) years. The candidate from the West Section receiving the largest number of votes in the West Section shall serve for a term of six (6) years. Members of the Board shall serve their term and until their successors are elected and qualified.
"Vacancies on said Board shall be filled by the remaining members of the Board, except that the grand jury shall appoint the member for a district for a full term in the event no freeholder in that district qualifies for election for a full term. Any member so appointed shall be a freeholder and a resident of the district that he represents.
"With respect to the initial operations of the school system herein created, the Board of Education of Cherokee County, as provided for before this amendment becomes a part of this Constitution, shall exercise all powers necessary in order to effectuate the purposes of this amend ment until the election provided herein is held and the members of the Board are elected and qualified.
"The General Assembly is authorized to pass such laws and legisla tion as may be necessary to the operation, conduct and control of said Cherokee County school system and its fiscal affairs, including the right and authority to create indebtedness not in conflict with the Constitution of Georgia, and to enable said Cherokee County school system to con tract, and be contracted with, and to do any and every act or acts necessary for the proper maintenance of a comprehensive school system throughout the limits of Cherokee County, and to effectuate the purposes of this amendment.
"The General Assembly may authorize the City of Canton and the County of Cherokee to appropriate money from the general funds to the Board for educational purposes, and may grant unto said Board all the powers of eminent domain, with all the remedies to execute such powers provided by any other laws of Georgia.
"The property of the Independent School System of the City of Canton and the property of the existing school system in the County of Cherokee outside the corporate limits of said city shall become the property of the Cherokee County School System as of the effective date of this amendment.
"The specifications of certain powers herein is not intended to be exclusive, it being the intention hereof that all powers granted herein are to be liberally construed so as to effectuate the general purpose of establishing and maintaining a comprehensive system of public education throughout the limits of Cherokee County.
"This amendment shall become effective upon the ratification of an amendment to Article VIII, Section VI, Paragraph I of the Consti tution of Georgia providing for the appointment of the County School Superintendent of Cherokee County by the Cherokee County Board of Education."
SECTION 2.
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two
396
JOURNAL OF THE HOUSE,
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 pre vious to the time of the general election at which the above proposed amendment shall be submitted for ratification or rejection to the electors as provided for in said Paragraph of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to Article VIII, Section V, Para graph I, of the Constitution of Georgia providing for the merger of the independent school system of Canton and the existing school system of the County of Cherokee.
"Against ratification of amendment to Article VIII, Section V, Paragraph I of the Constitution of Georgia providing for the merger of the independent school system of Canton and the existing school system of the County of Cherokee."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If the people shall ratify such amendment by a majority of the electors qualified to vote voting thereon, such amendment shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall, if such amendment be ratified, make proclamation thereof.
The following amendment was read and adopted:
Mr. Coker of Cherokee moves to amend HR 16-64a, as follows:
By striking from the title thereof the words: "to provide an ef fective date;" and, by striking from the end of Section 1 the following:
"This amendment shall become effective upon the ratification of an amendment to Article VIII, Section VI, Paragraph I of the Consti tution of Georgia providing for the appointment of the County School Superintendent of Cherokee County by the Cherokee Board of Educa tion."
The report of the committee which was favorable to the adoption of the Resolution, was agreed to, as amended.
On the adoption of the Resolution, the roll was called and the vote was as follows:
THURSDAY, JANUARY 26, 1956
397
Those voting in the affirmative were Messrs.:
Alien Ayers Bagby Barber of Colquitt Barber of Jackson Barker Baughman Bentley Birdsong Black Blalock Bloodworth Bodenhamer Bolton Brannen Brown Campbell Carlisle Cason Gates Chambers Cheatham Cheek Cloud Cocke Coker of Cherokee Coker of Walker Cornelius Coxwell Deal Dcea of Bacon Danson Dozier Drinkard Duncan English Eyler Fain Floyd 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
Hall Hardaway Harrell Harrison of Wayne Hawkins Hayes Henderson Hendrix Hodges Hogan Holley Houston Hudson Hurst Ivey Jackson Johnson of Jenkins Johnson of Gilmer Jones of Laurens Jones of Sumter Jordan Kelley Kennedy Kilgore Killian Killingsworth King of Whitfield King of Chattahoochee King of Pike Kitchens Lam Land Larkins Lavender Lindsey Lokey Long Lowe Mackay Mashburn Mathis of Lowndes Mauldin McCracken McGarity McKelvey McKenna McWhorter Mincy Mobley Moore Moorman Mull Murphey of Crawford
Murphy of Haralson Murr Musgrove Nightingale Nilan Palmer Parker Perkins Peters Pettey Phillips of Columbia Pickard Potts Ramsey Raulerson Ray Register Rodgers Ruark Rutland Sanders Scoggin Sheffield Short Sivell Smith of Evans Smith of Emanuel Hoke Smith of Fulton Sognier Souter Stewart Strickland Stripling Tamplin Tanner Terrell Todd Truelove Turk Twitty Underwood of Bartow Underwood of
Montgomery Watson Weems Williams Willis Wilson of Towns Wilson of Peach Wooten Wright
398
JOURNAL OF THE HOUSE,
On the adoption of the Resolution, as amended, the ayes were 156, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted, as amended.
HR 17-64b. By Mr. Coker of Cherokee:
A RESOLUTION
Proposing to the qualified voters an amendment to Article VIII, Section VI, Paragraph I of the Constitution of Georgia, so as to abolish the elective office of the County School Superintendent of Cherokee County; to provide for the appointment of the County School Super intendent of Cherokee County by the Cherokee County Board of Educa tion; to provide that the Cherokee County Board of Education shall fix the qualification, duties, responsibilities, authorities, and compensation of the County School Superintendent of Cherokee County: to provide for the submission of this amendment for ratification or rejection; to provide an effective date; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA:
SECTION 1.
Article VIII, Section VI, Paragraph I of the Constitution of Georgia is hereby amended by adding at the end thereof the following:
"The elective office of a County School Superintendent of Cherokee County is hereby abolished.
"The County School Superintendent of Cherokee County shall be appointed by and serve at the pleasure of the Cherokee County Board of Education. The Cherokee County Board of Education shall fix the qualification, duties, responsibilities, authorities and compensation of the County School Superintendent of Cherokee County.
"This amendment shall become effective upon the ratification of an amendment to Article VIII, Section V, Paragraph I of the Constitu tion of Georgia, providing for the merger of the Canton Independent School System and the Cherokee County .School System into the Cherokee County School System and the election and qualification of the members of the Cherokee County Board of Education as provided therein."
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 amend ment 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 VIII, Section VI, Para-
THURSDAY, JANUARY 26, 1956
399
graph I of the Constitution of Georgia so as to provide for the appoint ment of the County School Superintendent of Cherokee County by the Cherokee County Board of Education, and to provide that such Board shall fix his qualification, duties, responsibilities, authorities and com pensation."
"Against ratification of amendment to Article VIII, Section VI, Paragraph I of the Constitution of Georgia so as to provide for the appointment of the County School Superintendent of Cherokee County by the Cherokee County Board of Education, and to provide that such Board shall fix his qualifications, duties, responsibilities, authorities and compensation."
All persons desiring to vote in favcr 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 re turns 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 issue his proclamation thereon.
The following amendment was read and adopted:
Mr. Coker of Cherokee moves to amend HR 17-64b, as follows:
By adding in the title, before the words "and for other purposes", the words "to provide that the Superintendent elected to take office January 1, 1957 shall serve the entire term for which he is elected, un less a vacancy occurs;", and by adding at the end of Section 1 the fol lowing: "The person elected County School Superintendent at the gen eral election of 1956 to take office January 1, 1957 shall serve the entire term for which he is elected, but in the event a vacancy occurs prior to the expiration of such term of office, The Cherokee County Board of Education shall appoint a Superintendent as provided hereinbefore. No future elections by the people shall be held for the position of County School Superintendent."
The report of the committee which was favorable to the adoption of the Resolution, was agreed to, as amended.
On the adoption of the Resolution, as amended, the roll was called and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alien Ayers Bagby Barber of Colquitt Barber of Jackson Barker Baughman
Bentley Birdsong Black Blalock Bloodworth Bodenhamer Bolton
Brannen Brown Campbell Carlisle Cason Gates Chambers
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JOURNAL OF THE HOUSE,
Cheatham Cheek Cloud Cocke Coker of Cherokee Coker of Walker Cornelius Coxwell Deal Been of Bacon Denson Dozier Drinkard Duncan English Eyler Fain Floyd 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 Hall Hardaway Harrell Harrison of Wayne Hawkins Hayes Henderson Hendrix Hodges Hogan Holley Houston Hudson Hurst
Ivey
Jackson Johnson of Jenkins Johnson of Gilmer Jones of Laurens Jones of Sumter Jordan Kelley Kennedy of Tattnall
Kilgore Killian Killingsworth King of Whitfield King of Chattahoochee King of Pike Kitchens Lam Land Larkins Lavender Lindsey Lokey Long Lowe Mackay Mashburn Mathis of Lowndes Mauldin McCracken McGarity McKelvey McKenna McWhorter Mincy Mobley Moore Moorman Mull Murphey of Crawford Murphy of Haralson
Murr Musgrove Nightingale
Nilan Palmer Parker
Perkins Peters Pettey Phillips of Columbia Pickard Potts Ramsey Raulerson Ray Register Rodgers Ruark Rutland Sanders Scoggin Sheffield Short Sivell Smith of Evans Smith of Emanuel Hoke Smith of Fulton Sognier Souter Stewart Strickland Stripling Tamplin Tanner Terrell Todd Truelove Turk Twitty Underwood of Bartow Underwood of
Montgomery Watson Weems Williams Willis Wilson of Towns Wilson of Peach
Wooten Wright
On the adoption of the Resolution, as amended, the ayes were 156, nays 0.
The Resolution, having received the requisite two-thirds constitu tional majority, was adopted as amended.
HR 20-64e. By Mr. Greene of Crisp: A RESOLUTION
Proposing an amendment to the Constitution so as to provide that
THURSDAY, JANUARY 26, 1956
401
the General Assembly of Georgia shall be authorized to pass a special Act or Acts to merge the existing independent school system of the City of Cordele and the existing school district in the County of Crisp lying outside the corporate limits of said City, into one school district co extensive with the limits of Crisp County; 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 a new paragraph, to read:
"The General Assembly of Georgia is hereby authorized to pass a special Act or Acts to merge the existing independent school system of the City of Cordele and the existing school district in the County of Crisp outside the corporate limits of said City, so that the entire area of Crisp County shall constitute one school district or system, the independent school system in the City of Cordele and the existing school district in Crisp County outside said corporate limits of said city being thereby abolished.
"The school district so created by the General Assembly is hereby authorized to incur bonded indebtedness for the purpose of constructing, erecting, enlarging, repairing and improving the nec essary school buildings, and for acquiring the necessary property therefor.
"The General Assembly may provide for a new political entity, the affairs of which are to be managed by a board of education, to bear the name Crisp County Board of Education, hereinafter referred to as the Board.
"The administration of said school system shall be vested in a board to be known as the Crisp County Board of Education. The Board shall consist of six (6) members, men or women, or some of both, who at the time of their election shall be at least twentyfive (25) years of age and shall have been a bona fide resident of Crisp County for at least four (4) years. Members of the Board shall be persons of good moral character, who shall have a good knowledge of the elementary branches of our English education and be favorable to the common school system. Three (3) members of said Board shall be elected from qualified candidates from within the corporate limits of the City of Cordele. One member of said Board shall be elected from qualified candidates from within what is known as West Crisp School District, one member of said Board shall be elected from qualified candidates from within what is known as Arabi School District, and one member of said Board shall be elected from qualified candidates from within what is known as East Crisp School District, the said three above referred areas comprising all of Crisp County outside the corporate limits of the City of Cordele.
"The General Assembly of Georgia may provide the time and method of holding elections for Board members. The election of all six of said Board members shall be by a vote of the qualified
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JOURNAL OF THE HOUSE,
voters of the entire County of Crisp (including the qualified voters who live within the corporate limits of the City of Cordele).
"Regarding the first election, two (2) members of said Board (one from within the corporate limits of the City of Cordele and one from within Crisp County, outside the corporate limits of the City of Cordele), shall be elected for a term of two (2) years. Two (2) members of said Board (one from within the corporate limits of the City of Cordele and one from within Crisp County, outside the corporate limits of the City of Cordele), shall be elected for a term of four (4) years. Two (2) members of said Board (one from within the corporate limits of the City of Cordele and one from within Crisp County, outside the corporate limits of the City of Cordele), shall be elected for a term of six (6) years.
"After the first Board election, each succeeding member elected shall serve for a term of six (6) years. All members of the Board shall hold office until their successors are elected and qualified. In case of a vacancy on said Board by death, resignation, or from any cause other than the expiration of such member's term of office, the Board shall by secret ballot elect his successor for the unexpired term.
"Each and every member of said Board shall at all times have rights and privileges of voting in meetings, including the presiding officer.
"The Board members shall have such qualifications and shall be paid such compensation as may be fixed by law. The said Board is hereby authorized and empowered to operate, conduct, and con trol said system of public schools and its fiscal affairs, including the right and authority to create indebtedness as may be authorized by the General Assembly, not in conflict with this Constitution; to contract and be contracted with; to appoint and employ teachers and to fix their salaries; and to do all and every act or acts as may be necessary for the proper maintenance and operation of a compre hensive school system throughout the limits of Crisp County.
"Prom and after the ratification of this amendment, the voters of Crisp County shall no longer elect the Crisp County School Superintendent. The General Assembly shall have authority to abolish, without a referendum, the term of the present County School Superintendent of Crisp County. The Board shall elect or employ a superintendent of education and fix his salary. He shall have such qualifications as may be fixed by law.
"Notwithstanding any other provision of this Constitution, the
fiscal authorities of Crisp County shall levy a tax for the support
and maintenance of said school system, of not greater than twenty
(20) mills upon the dollar (as recommended by the Board), uni
form throughout the County, of all taxable property in the County.
"Notwithstanding any other provision of this Constitution or any provisions of law, the commission or fees of the Tax Collector of Crisp County for collection of moneys for school purposes shall not exceed the following rates: Two and one-half percent (2%%) on the first $100,000.00 collected; one percent (1%) on the second $100,000.00 collected; and one-half of one percent (%%) on all amounts collected above.
THURSDAY, JANUARY 26, 1956
403
"The above schedule of rates shall apply to all collections of moneys for school purposes, including that collected for operation, maintenance, bond retirements, interest payments, and for any other school purpose by whatever name called. Should the Tax Collector of Crisp County be changed from a fee to a salary, this provision shall become inoperative.
"The General Assembly may authorize the City of Cordele and the County of Crisp to appropriate money from their general funds to the board of education herein created, for educational purposes.
"The specifications of certain powers herein is not intended to be exclusive, it being the intention hereof that all powers hereby granted to the General Assembly and all powers to be granted by the General Assembly pursuant hereto are to be liberally construed so as to effectuate the general purposes of establishing and main taining a comprehensive system of public education throughout the limits of Crisp County.
"The powers hereby granted to the General Assembly and the powers to be granted by the General Assembly to effectuate the purposes herein set forth shall exist notwithstanding other pro visions of this Constitution, or any general or special laws of the State.
"The General Assembly may from time to time enact special Acts amending the Act or Acts enacted pursuant hereto."
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 Gover nor is hereby authorized and instructed to cause such proposed amend ment 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 VIII, Section V, Para graph I of the Constitution of Georgia, authorizing the General Assem bly to pass a special Act or Acts to merge the existing school system of the City of Cordele and the existing school district in the County of Crisp lying outside the corporate limits of said City, into one school district or system coextensive with the limits of said County.
"Against ratification of amendment to Article VIII, Section V, Paragraph I of the Constitution of Georgia, authorizing the General Assembly to pass a special Act or Acts to merge the existing school system of the City of Cordele and the existing school district in the County of Crisp lying outside the corporate limits of said City, into one school district or system coextensive with the limits of said County."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons
404
JOURNAL OF THE HOUSE,
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 hecome a part of the Constitution of this State. The returns of the election shall he 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 issue his proclamation thereon.
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the resolution, the roll was called and the vote was as follows:
Those voting in the affirmative were Messrs.
Alien Ayers Bagby Barber of Colquitt Barber of Jackson Barker Baughman Bentley Birdsong Black Blalock Bloodworth Bodenhamer Bolton Brannen Brown Campbell Carlisle Cason Gates Chambers Cheatham Cheek Cloud Cocke Coker of Cherokee Coker of Walker Cornelius Coxwell Deal Been of Bacon Denson Dozier Drinkard Duncan English Eyler
Pain Floyd
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 Hall Hardaway Harrell Harrison of Wayne Hawkins
Hayes Henderson Hendrix
Hodges Hogan Holley Houston Hudson Hurst
Ivey Jackson Johnson of Jenkins
Johnson of Gilmer Jones of Laurens Jones of Sumter Jordan
Kelley Kennedy of Tattnall
Kilgore Killian
Killingsworth King of Whitfield King of Chattahoochee King of Pike
Kitchens Lam Land Larking Lavender
Lindsey Lokey Long Lowe Mackay Mashburn Mathis of Lowndes Mauldin McCracken McGarity McKelvey McKenna McWhorter
Mincy Mobley Moore Moorman Mull Murphey of Crawford Murphy of Haralson
Murr Musgrove Nightingale
Nilan
THURSDAY, JANUARY 26, 1956
405
Palmer Parker Perkins Peters Pettey Phillips of Columbia Pickard Potts Ramsey Raulerson Ray Register Rodgers Ruark R-atland Sanders
Scoggin Sheffield Short Sivell Smith of Evans Smith of Emanuel Hoke Smith of Fulton Sognier Souter Stewart Strickland Stripling Tamplin Tanner Terrell Todd
Truelove Turk Twitty Underwood of Bartow Underwood of
Montgomery Watson Weems Williams Willis Wilson of Towns Wilson of Peach Wooten Wright
On the adoption of the Resolution, the ayes were 156, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 21-64f. By Mr. Barker of Heard:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of Heard County; to prescribe the procedure connected therewith; to provide for the sub mission 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 Heard County shall be composed of five members, who shall be elected by the voters of the entire county. No person who resides in any part, of Heard County which is 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 been a citizen of Heard County for at least one year immediately preceding the date of the election and unless he has at least a high school education.
In the event this amendment is ratified, it shall be the duty of the Ordinary of Heard County to issue a call for an election, which call shall be issued at least ten days prior to the date of such election and the Ordinary shall set the date for such election for a day between the 15th and 20th days of December inclusive, in the year 1956. Such election shall be for the purpose of electing
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JOURNAL OF THE HOUSE,
the first members of the Board of Education of Heard County created under this Amendment, and it shall be the duty of the Ordinary to publish the date of the election, and the purpose thereof in the official organ of Heard County at least once pre ceding the date of the election. The members elected at such elec tion 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. Ail future elections shall be held quadrennially on the same day that county officials are elected, and the persons elected shall take office on the first day of January immediately following their election. 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 County Board of Education as provided for herein shall be subject to all constitutional provisions and all statutory pro visions relative to County Boards of Education, unless such pro visions are in conflict with the provisions of this amendment.
The Board of Education of Heard 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."
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 Constitution so as to provide for the elections of the members of the Board of Education of Heard County.
"Against ratification of amendment to Constitution so as to provide for the election of the members of the Board of Education of Heard 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 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 issue his proclamation thereon.
THURSDAY, JANUARY 26, 1956
407
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll was called and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alien Ayers Bagby Barber of Colquitt Barber of Jackson Barker Baughman Bentley Birdsong Black Blalock Bloodworth Bodenhamer Bolton Brannen Brown Campbell Carlisle Cason Gates Chambers Chcatham Cheek Cloud Cocke Coker of Cherokee Coker of Walker Cornelius Coxwell Deal Deen of Bacon Dcnson Dozier Drinkard Duncan English Eyler Fain Floyd 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 Hail Hardaway Harrell Harrison of Wayne Hawkins
Hayes Henderson
Hcndrix Hodges
Hogan Holley Houston Hudson
Hurst Ivey Jackson
Johnson of Jenkins Johnson of Gilmer Jones of Laurens Jones of Sumter
Jordan Kelley Kennedy of Tattnall Kilgore Killian Killingsworth King of Whitfield Kings of Chattahoochee
King of Pike Kitchens
Lam Land Larkins Lavender
Lindsey Lokey Long
Lowe Mackay Mashburn Mathis of Lowndes
Mauldin McCracken
McGarity McKelvey McKenna McWhorter Mincy Mobley Moore
Moorman Mull
Murphey of Crawford Murphy of Haralson Murr Musgrove Nightingale Nilan Palmer Parker
Perkins Peters Pettey Phillips of Columbia Pickard
Potts Ramsey Raulerson Ray Register Rodgers Ruark Rutland Sanders Scoggin Sheffield Short Sivell Smith of Evans Smith of Emanuel Hoke Smith of Fulton
Sognier Souter Stewart Strickland Stripling
Tamplin Tanner
408
JOURNAL OF THE HOUSE,
Terrcll Todd Truelove Turk Twitty Underwood of Bartow
Underwood of Montgomery
Watson Weems Williams Willis
Wilson of Towns Wilson of Peach Wooten Wright
On the adoption of the Resolution, the ayes were 156, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 22-64g. By Mr. Bentley of Cobb:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the paving of streets and sidewalks in Cobb County, and to authorize the cost thereof to be assessed against the abutting property; to pro vide 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 XI, Section I, Paragraph I of the Constitution, relating to counties and the boundaries thereof, is hereby amended by adding at the end thereof the following:
"The governing authority of Cobb County is hereby authorized to provide for the construction and maintenance, which shall in. elude paving, of streets, sidewalks or curbing, either one or a combination of two or more, in any part of such county outside the corporate limits of any municipality located herein, and to assess the cost thereof on a lineal foot basis against the abutting property. The governing authority is further authorized to provide for the issuance of and enforcement of executions 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 VIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. Such proposed amend ment 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 Constitution so as to pro vide for the paving of streets, sidewalks and curbing in Cobb
THURSDAY, JANUARY 26, 1956
409
County, and to authorize the cost thereof to be assessed against the abutting property.
"Against ratification of amendment to Constitution so as to provide for the paving of streets, sidewalks and curbing in Cobb County, and to authorize the cost thereof to be assessed against the abutting property."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all per sons 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 issue his proclamation thereon.
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll was called and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alien
Ayers Bagby Barber of Colquitt
Barber of Jackson Barker Baughman Bentley Birdsong
Black Blalock Bloodworth Bodenhamer Bolton Brannen
Brown Campbell Carlisle
Cason Gates Chambers Cheatham Cheek Cloud Cocke Coker of Cherokee
Coker of Walker
Cornelius
Coxwell Deal
Been of Bacon Denson Dozier Drinkard Duncan English Eyler Fain Floyd 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 Hall Hardaway Harrell
Harrison of Wayne Hawkins Hayes Henderson Hendrix Hodges Hogan Holley Houston Hudson Hurst Ivey Jackson Johnson of Jenkins Johnson of Gilmer Jones of Laurens Jones of Sumter Jordan Kelley Kennedy of Tattnall Kilgore Killian Killingsworth King of Whitfield King of Chattahoochee
King of Pike Kitchens Lam
410
JOURNAL OF THE HOUSE,
Land Larkins
Lavender Lindsey
Lokey Long Lowe Mackay
Mashburn Mathis of Lowndes Mauldin McCracken McGarity
MeKelvey McKenna McWhorter
Mincy Mobley
Moore Moorman Mull
Murphey of Crawford Murphy of Haralson Murr Musgrove
Nightingale Nilan
Palmer Parker Perkins Peters
Pettey Phillips of Columbia
Pickard Potts
R&msey Raulerson
Ray Register Rodgers Ruark Rutland Sanders Scoggin Sheffield Short Sivell Smith of Evans Smith of Emanuel
Hoke Smith of Pulton
Sognier Souter Stewart Strickland
Stripling Tamplin Tanner
Terrell Todd Truelove Turk
Twitty Underwood of Bartow Underwood of
Montgomery Watson Weems Williams Willis Wilscn of Towns Wilson of Peach Wooten Wright
On the adoption of the resolution, the ayes were 156, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 28-96a. By Messrs. Watson and Denson of Dougherty:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the paving of streets in Dougherty County, and to authorize the cost thereof to be assessed against the property on each side of such streets; 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 XI, Section I, Paragraph I of the Constitution, relating to counties and the boundaries thereof, is hereby amended by adding at the end thereof the following:
"The governing authority of Dougherty County is hereby au thorized to provide for the construction and maintenance, which shall include paving, of streets, sidewalks or curbing, either one or a combination of two or more, in the urban areas of such county outside the corporate limits of any municipality located in such county, and to assess the cost thereof on a lineal foot basis against the abutting property owners. The governing authority is further
THURSDAY, JANUARY 26, 1956
411
authorized to provide for the issuance and enforcement of execu tion 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 ratification of amendment to the Constitution so as to pro vide for the paving of streets in Dougherty County and to authorize the cost thereof to be assessed against the property on each side of such streets.
"Against ratification of amendment to the Constitution so as to provide for the paving of streets in Dougherty County and to authorize the cost thereof to be assessed against the property on each side of such streets."
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 Pkragraph 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 issue his proclamation thereon.
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll was called and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alien Ayers Bagby Barber of Colquitt Barber of Jackson Barker Baughman
Bentley
Birdsong Black Blalock Bloodworth Bodenhamer Bolton Brannen
Brown
Campbell Carlisle Cason Gates Chambers Cheatham Cheek
Cloud
412
JOURNAL OP THE HOUSE,
Cocke Coker of Cherokee Coker of Walker Cornelius Coxwell Deal Deen of Bacon Denson Dozier Drinkard Duncan English Eyler Pain Ployd 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 Hall Hardaway Harrell Harrison of Wayne Hawkins Hayes Henderson Hendrix Hodges Hogan Holley Houston Hudson Hurst Ivey Jackson
Johnson of Jenkins Johnson of Gilmer Jones of Laurens Jones of Sumter Jordan Kelley Kennedy of Tattnall Kilgore Killian Killingsworth King of Whitfield King of Chattahoochee King of Pike Kitchens Lam Land Larkins Lavender Lindsey Lokey Long Lowc Mackay Mashburn Mathis of Lowndes Mauldin McCracken McGarity McKelvey McKenna McWhorter Mincy Mobley Moore Moorman Mull Murphey of Crawford Murphy of Haralson Murr Musgrove Nightingale Nilan Palmer Parker Perkins
Peters
Pettey Phillips of Columbia Pickard
Potts Ramsey Raulerson
Ray Register
Rodgers Ruark Rutland Sanders
Scoggin Sheffield Short Sivell Smith of Evans Smith of Emanuel Hoke Smith of Pulton Sognier Souter Stewart Strickland Stripling Tamplin Tanner Terrell Todd Truelove Turk
Twitty Underwood of Bartow
Underwood of Montgomery
Watson Weems Williams
Willis Wilson of Towns Wilson of Peach Wooten Wright
On the adoption of the Resolution, the ayes were 156, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 33-96f. By Messrs. Denson and Watson of Dougherty: A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the
THURSDAY, JANUARY 26, 1956
413
governing authority of Dougherty County to issue and require building permits, to charge fees therefor, and to establish a building code; to prescribe the procedure connected therewith; to provide for the sub mission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA :
SECTION 1.
Article III, Section VII, Paragraph XXIII of the Constitution, relating to zoning and planning laws, is hereby amended by adding at the end thereof the following:
"The governing authority of Dougherty County, is hereby au thorized to issue and require building permits for all buildings and structures which are to be constructed in Dougherty County outside the corporate limits of any municipality, and to charge fees for such permits, which, in the discretion of the governing authority, shall not exceed the actual cost of any inspections which must be made relative to the issuance of such permits plus an amount which, in the discretion of the governing authority, should be charged to help defray the cost of the administration of this provision. The gov erning authority is further authorized to establish a building code governing all such construction, and to refuse building permits in cases where such construction does not conform with such code and cases where the governing authority, in its discretion, decides that the land upon which such construction is to be performed is un satisfactory from a drainage or sanitary standpoint. The govern ing authority is hereby authorized to employ personnel to assist in carrying out the purposes of this provision, and is authorized to delegate to such personnel such of its duties as it deems advisable, except that the final decision as to whether the permit shall be issued and the fee to be charged therefor shall rest with the gov erning authority, rather than such personnel."
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" arid "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 amend ment 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 author ize the governing authority of Dougherty County to issue and require building permits, to charge fees therefor, and to establish a building code.
"Against ratification of amendment to the Constitution so as to authorize the governing authority of Dougherty County to issue and
414
JOURNAL OF THE HOUSE,
require building permits, to charge fees therefor, and to establish a building code."
All persons desiring to vote in favor of adopting the proposed amend ment shall vote for ratification of the amendment, and all persons de siring 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 issue his proclamation thereon.
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll was called and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alien Ayers Bagby Barber of Colquitt Barber of Jackson Barker Baughman Bentley Birdsong Black Blalock Bloodworth Bodenhamer Bolton Brannen Brown Campbell Carlisle Cason Gates Chambers Cheatham Cheek Cloud Cocke Coker of Cherokee Coker of Walker Cornelius Coxwell Deal Been of Bacon Denson
Dozier Drinkard Duncan English Eyler Pain Ployd 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 Hall Hardaway Harrell Harrison of Wayne Hawkins Hayes Henderson Hendrix Hodges Hogan Holley
Houston Hudson Hurst Ivey Jackson Johnson of Jenkins Johnson of Gilmer Jones of Laurens Jones of Sumter Jordan Kelley Kennedy of Tattnall Kilgore Killian Killingsworth King of Whitfield King of Chattahoochee King of Pike Kitchens Lam Land Larkins Lavender Lindsey Lokey Long Lows Mackay Mashburn Mathis of Lowndes Mauldin McCracken
THURSDAY, JANUARY 26, 1956
415
McGarity McKelvey McKenna McWhorter Mincy Mobley Moore Moorman Mull Murphey of Crawford Murphy of Haralson Murr Musgrove Nightingale Nilan Palmer Parker Perkins Peters Pettey Phillips of Columbia
Pickard Potts Ramsey Raulerson Ray Register Rodgers Ruark Rutland Sanders Scoggin Sheffield Short Sivell Smith of Evans Smith of Emanuel Hoke Smith of Fulton Sognier Souter Stewart Strickland
Stripling Tamplin Tanner Terrell Todd Truelove Turk Twitty Underwood of Bartow Underwood of
Montgomery Watson Weems Williams Willis Wilson of Towns Wilson of Peach Wooten Wright
On the adoption of the Resolution, the ayes were 156, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 41-110a. By Messrs. Watson and Denson of Dougherty:
A RESOLUTION
Proposing an amendment to Article VII, Section V, Paragraph I of the Constitution, so as to authorize the City of Albany in Dougherty 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 new industries in or near the City of Albany; to authorize the pur chase of land and the erection of buildings and other facilities to be rented or leased to industries; to provide a board to render advice re specting the use of such fund, buildings, land or facilities; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
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 Albany in Dougherty 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 in assisting, promoting and encouraging the location of industries in or near the City of Albany. Such fund may be used to pay entertainment, travel, advertising and other promotional
416
JOURNAL OF THE HOUSE,
expenses to encourage the location of industries in or near said City, and to purchase land and erect buildings or other facilities to be rented or leased to industries. A board composed of the Mayor, President of the Albany Chamber of Commerce and one citizen appointed by the Board of Directors of the Albany Chamber of Commerce shall advise the governing authorities of the City of Albany on the administration and use of such fund, and of all such lands, buildings or facilities, and no expenditures may be made from such fund and no contracts entered into with respect thereto with out the written concurrence of a majority of said Advisory Board with a majority of the Governing Body of the City of Albany.
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 Gov ernor is hereby authorized and instructed to cause such proposed amend ment 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 Albany 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 or near said City.
"Against ratification of amendment to Article VII, Section V, Para graph I of the Constitution, so as to authorize the City of Albany to 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 in dustries in or near said City."
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 Reso lution, was agreed to.
On the adoption of the Resolution, the roll was called and the vote was as follows:
THURSDAY, JANUARY 26, 1956
417
Those voting in the affirmative were Messrs.:
Alien Ayers Bagby Barber of Colquitt Barber of Jackson Barker Baughman Bentley Birdsong Black Blalock Bloodworth Bodenhamer Bolton Brannen Brown Campbell Carlisle Cason Gates Chambers Cheatham Cheek Cloud Cocke Coker of Cherokee Coker of Walker Cornelius Coxwell Deal Deen of Bacon Denson Dozier Drinkard Duncan English Eyler Fain Floyd 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
Hall Hardaway Harrell Harrison of Wayne Hawkins Hayes Henderson Hendrix Hodges Hogan Holley Houston Hudson Hurst Ivey Jackson Johnson of Jenkins Johnson of Gilmer Jones of Laurens Jones of Sumter Jordan Kelley Kennedy of Tattnall Kilgore Killian Killingsworth King of Whitfield King of Chattahoochee King of Pike Kitchens Lam Land Larkins Lavender Lindsey Lokey Long Lowe Mackay Mashburn Mathis of Lowndes
Mauldin McCracken McGarity McKelvey McKenna McWhorter Mincy Mobley Moore Moorman Mull Murphey of Crawford
Murphy of Haralson Murr Musgrove Nightingale Nilan Palmer Parker Perkins Peters Pettey Phillips of Columbia Pickard Potts Ramsey Raulerson Ray Register Rodgers Ruark Rutland Sanders
Scoggin Sheffield Short Sivell Smith of Evans Smith of Emanuel Hoke Smith of Fulton
Sognier Souter Stewart Strickland Stripling Tamplin Tanner Terrell
Todd Truelove Turk Twitty Underwood of Bartow
Underwood of Montgomery
Watson Weems Williams Willis Wilson of Towns Wilson of Peach Wooten Wright
418
JOURNAL/OF THE HOUSE,
On the adoption of the Resolution, the ayes were 156, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 42-110b. By Messrs. Denson and Watson of Dougherty:
A RESOLUTION
Proposing an amendment to Article VII, Section IV, Paragraph 1 of the Constitution, so as to authorize Dougherty County to levy a tax not exceeding one mill on all of the taxable property in the County, for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of industries in Dougherty County; to provide that such fund may be used to purchase land and erect buildings or other facilities to be rented or leased to industries; to provide a board to advise the governing authorities of Dougherty County on the admin istration and use of such land, lands, buildings or facilities; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1.
Article VII, Section IV, Paragraph 1 of the Constitution of Georgia
of 1945, as amended, is hereby amended by adding at the end of Para
graph 1 the following:
'
"Provided, however, that Dougherty County is authorized to levy a tax, in addition to those already provided for by law, not to exceed one mill, on all the taxable property in the County, for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of industries in Dougherty County. Such fund may be used to pay entertainment, travel, advertising and other promotional expenses to encourage the location of industries in or near said city and to purchase land and erect buildings or other facilities to be rented or leased to industries
"A board composed of one member appointed by the governing authorities of Dougherty County, the President of the Albany Chamber of Commerce and One citizen appointed by the Board of Directors of the Albany Chamber of Commerce shall advise the gov erning authorities of said County on the administration and use of such fund and of all such land, buildings or facilities, and no ex penditure may be made from such fund and no contract entered into with respect thereto without the written concurrence of a majority of said Advisory Board with a majority of the Governing Board of said County."
SECTION 2.
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, the Governor is hereby authorized and instructed to cause such proposed amendment
THURSDAY, JANUARY 26, 1956
419
to be published as provided in Article XIII, Section 1, Paragraph 1 of the Constitution of Georgia of 1945, as provided. Such proposed amend ment 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 Article VII, Section IV, Paragraph I of the Constitution so as to provide that Dougherty County may levy a tax, not to exceed one mill, for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of industries in Dougherty County.
"Against ratification of the amendment to Article VII, Section IV, Paragraph I of the Constitution so as to provide that Dougherty County may levy a tax, not to exceed one mill, for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of industries in Dougherty County."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all per sons 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 re turns 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 was called and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alien Ayers Bagby Barber of Colquitt Barber of Jackson Barker Baughman Bentley Birdsong Black Blalock Bloodworth Bodenhamer Bolton Brannen Browrt Campbell
Carlisle Cason Gates Chambers Cheatham Cheek Cloud Cocke Coker of Cherokee Coker of Walker Cornelius Coxwell Deal Deen of Bacon Denson Dozier Drinkard
Duncan English Eyler Fain Floyd Fordham Fowler of Douglas Fowler of Tift Freeman Frier Garrard Gilleland Green of Rabun Greene of Crisp Grimsley Groover Gross of Stephens
420
JOUKNAL OF THE HOUSE,
Gross of Dade Gunter Hall Hardaway Harrell Harrison of Wayne Hawkins Hayes Henderson Hendrix Hodges Hogan Holley Houston Hudson Hurst Ivey Jackson Johnson of Jenkins Johnson of Gilmer Jones of Laurens Jones of Sumter Jordan Kelley Kennedy of Tattnall Kilgore Killian Killingsworth King of Whitfield King of Chattahoochee King of Pike Kitchens Lam Land Larkins Lavender
Lindsey Lokey Long Lowe Mackay Mashburn Mathis of Lowndes Mauldin McCracken McGarity McKelvey McKenna McWhorter Mincy Mobley Moore Moorman Mull Murphey of Crawford Murphy of Haralson Murr Musgrove Nightingale Nilan Palmer Parker Perkins Peters Pettey Phillips of Columbia Pickard Potts Ranisey Raulerson Ray Register
Rodgers Ruark Rutland Sanders Scoggin Sheffield Short Sivell . Smith of Evans Smith of Emanuel Hoke Smith of Fulton Sognier Souter Stewart Strickland Stripling Tamplin Tanner Terrell Todd Truelove Turk Twitty Underwood of Bartow Underwood of
Montgomery Watson Weems Williams Willis Wilson of Towns Wilson of Peach Wooten Wright
On the adoption of the Resolution, the ayes were 156, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 50-130b. By Messrs. Cornelius and McKelvey of Polk:
A RESOLUTION
Proposing an amendment to the Constitution, so as to provide for the election of the County School Superintendent of Polk County by the people instead of by the county board of education; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:
THURSDAY, JANUARY 26, 1956
421
SECTION 1.
Article VIII, Section V, Paragraph I of the Constitution relating to county boards of education, as amended by a Resolution found in Georgia Laws 1947, page 1764, which added provisions relative to the County Board of Education and County School Superintendent of Polk County, is hereby amended by striking from that portion added by the aforesaid Resolutions of 1947, the following:
"There shall be a County School Superintendent who shall be elected or appointed by the County Board of Education of Polk County. Before any person shall be elected or appointed County School Superintendent he shall have all of the qualifications which are now, or which may hereafter be prescribed by law for county school superintendents of the State, except that any legal require ment as to local residence shall not be applicable. From and after the ratification of this amendment the voters cf Polk County shall no longer elect a County School Superintendent.",
and inserting in lieu thereof the following:
"The County School Superintendent of Polk County shall be elected by the electors of Polk County instead of by the county board of education of Polk County. The county school superintendent as provided for hereinafter shall be subject to all constitutional pro visions and all statutory provisions relative to the county school superintendent unless such provisions are in conflict with the pro visions of this amendment. In the event this amendment is ratified, it shall be the duty of the Ordinary of Polk County to hold and conduct an election for the purpose of electing a County School Superintendent of Polk County. The ordinary shall set the date of such election either for December 17, 18, 19, 20 or 21st in the year 1956. The person elected at such election shall take office January 1, 1957 for a term of four years, and until his successor is elected and qualified. The ordinary shall cause the date and purpose of such election to be published at least once in the official organ of Polk County preceding the date thereof. The ordinary shall certify the results of the election and he shall also certify the results thereto to the Secretary of State. All future elections shall be held at the same time as other county officers of Polk County are elected. The persons serving as County School Superintendent at the time of the ratification of this amendment shall continue to serve through December 31, 1956."
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 amend ment shall be submitted as provided in said Paragraph.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
422
JOURNAL OF THE HOUSE,
"For ratification of amendment to Constitution so as to provide for the election of the County School Superintendent of Polk County by the people instead of by the county board of education."
"Against ratification of amendment to Constitution so as to provide for the election of the County School Superintendent of Polk County by the people instead of by the county board of education."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratfication.
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 issue his proclamation thereon.
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll was called and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alien Ayers Bagby Barber of Colquitt Barber of Jackson Barker Baughman Bentley Birdsong Black Blalock Bloodworth Bodenhamer Bolton Brannen Brown Campbell Carlisle Cason Gates Chambers Cheathair. Cheek Cloud Cocke Coker of Cherokee Coker of Walker Cornelius
Coxwell Deal Deen of Bacon Denson Dozier Drinkard Duncan English Eyler Fain Floyd 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 Hall Hardaway Harrell
Harrison of Wayne Hawkins Hayes Henderson Hendrix Hodges Hogan Holley Houston Hudson Hurst Ivey Jackson Johnson of Jenkins Johnson of Gilmer Jones of Laurens Jones of Sumter Jordan Kelley Kennedy of Tattnall Kilgore Killian Killingsworth King of Whitfield King of Chattahoochee King of Pike Kitchens Lam
THURSDAY, JANUARY 26, 1956
423
Larkins Lavender Lindsey Lokey Long Lowe Mackay Mashburn Mathis of Lowndes Mauldin McCracken McGarity McKelvey McKenna McWhorter Mincy Mobley Moore Moorman Mull Murphey of Crawford Murphy of Haralson Murr Musgrove
Nightingale Nilan Palmer Parker Perkins Peters Pettey Phillips of Columbia Pickard Potts Ramsey Raulerson Ray Register Rodgers Ruark Rutland Sanders Scoggin Sheffield Short Sivell Smith of Evans Smith of Emanuel
Hoke Smith of Fulton Sognier Souter Stewart Strickland Stripling Tamplin Tanner Terrell Todd Truelove Turk Twitty Underwood of Bartow Underwood of
Montgomery Watson Weems Williams Willis Wilson of Towns Wilson of Peach Wooten Wright
On the adoption of the Resolution, the ayes were 156, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 59-163h. By Messrs. Nightingale and Killian of Glynn:
A RESOLUTION
Proposing to the Qualified Voters of the State of Georgia an Amend ment to Article VII, Section I, Paragraph IV, of the Constitution of Georgia to provide that the Homestead exemption shall not apply to taxes which are assessed and collected by the taxing authorities of Glynn County for the support and maintenance of Education as recommended by the Glynn County Board of Education.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
That Article VII, Section I, Paragraph IV, of the Constitution of Georgia be amended by adding thereto the following:
"Notwithstanding anything elsewhere provided in this Consti tution, the homestead exemption shall not apply to taxes which are assessed and collected by the taxing authorities of Glynn County for the support and maintenance of education as recommended by the Glynn County Board of Education."
424
JOURNAL OF THE HOUSE,
SECTION 2.
BE IT FURTHER RESOLVED by the authority aforesaid, that whenever the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two houses of the General Assembly, and the same shall have been entered on their journals, with the yeas and nays taken thereon, the Governor shall be and he is hereby authorized and instructed to cause such amend ment to be published in one or more newspapers in Glynn County for two months previous to the time of holding the next general election.
SECTION 3.
BE IT FURTHER RESOLVED by the authority aforesaid, that the above proposed amendment shall be submitted for ratification or rejection to the voters of Glynn County at the next general election to be held after the publication as provided for in the second section of this resolution, at which election every person shall be qualified to vote who is qualified to vote for members of the General Assembly. All persons voting at said election in favor of adopting the proposed amend ment to the Constitution shall have written or printed on their ballots the words: "For ratification of amendment to Article VII, Section I, Paragraph IV, of the Constitution, providing that the homestead exemp tion shall not apply to taxes assessed and collected by the taxing authorities of Glynn County for the support and maintenance of educa tion as recommended by the Glynn County Board of Education;" and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words: "Against ratification of amend ment to Article VII, Section I, Paragraph IV, of the Constitution, pro viding that the homestead exemption shall not apply to taxes assessed and collected by the taxing authorities of Glynn County for the support and maintenance of education as recommended by the Glynn County Board of Education." If such amendment is ratified in accordance with the Constitution of this State, such amendment shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and to certify the result to the Governor, who shall, if such amendment be ratified, make proclamation thereof.
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll was called and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alien Ayers Bagby Barber of Colquitt Barber of Jackson Barker Baughman
Bentley Birdsong Black Blalock Bloodworth Bodenhamer Bolton
Brannen Brown Campbell Carlisle Cason Gates Chambers
THURSDAY, JANUARY 26, 1966
425
Cheatham Cheek Cloud Cocke Coker of Cherokee Coker of Walker Cornelius Coxwell Deal Deen of Bacon Denson Dozier Drinkard Dunean English Eyler Fain Floyd 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 Hall Hardaway Harrell Harrison of Wayne Hawkins Hayes Henderson Hendrix Hodges Hogan Holley Houston Hudson Hurst
Ivey Jackson Johnson of Jenkins Johnson of Gilmer Jones of Laurens Jones of Sumter
Jordan Kelley Kennedy of Tattnall Kilgore Killian Killingsworth King of Whitfield King of Chattahoochee King of Pike Kitchens Lam Land Larkins Lavender Lindsey Lokey Long Lowe Mackay Mashburn Mathis of Lowndes Mauldin McCracken McGarity McKelvey McKenna McWhorter Mincy Mobley Moore Moorman Mull Murphey of Crawford Murphy of Haralson Murr Musgrove Nightingale Nilan Palmer Parker
Perkins Peters Pettey Phillips of Columbia Pickard Potts Ramsey Raulerson Ray Register Rodgers Ruark Rutland Sanders Scoggin Sheffield Short Sivell Smith of Evans Smith of Emanuel Hoke Smith of Fulton Sognier Souter Stewart Strickland Stripling Tamplin Tanner Terrell Todd Truelove Turk Twitty Underwood of Rabun Underwood of
Montgomery Watson Weems Williams Willis Wilson of Towns Wilson of Peach Wooten Wright
On the adoption of the Resolution, the ayes were 156, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
426
JOURNAL OF THE HOUSE,
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following Bills of the House to wit:
HB 98. By Mr. Blackburn of Habersham:
A Bill to be entitled an Act to repeal an Act creating a new charter for the City of Clarkesville; to provide a new charter for said City; and for other purposes.
The Senate has adopted the following Resolution of the House to wit:
HR 36. By Mr. Deen of Bacon:
A Resolution memorializing Congress of the United States to enact the necessary legislation for the disposal of surplus agricultural commodi ties ; and for other purposes.
HR 97. By Messrs. Bodenhamer and Fowler of Tift:
A Resolution acknowledging contributions and accomplishments of Armour and Company in Tift County; and for other purposes.
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the House and Senate to wit:
SB 26. By Senators Dean of the 40th, Matthews of the 47th, and Chance of the 51st:
A Bill to be entitled an Act to authorize the Commissioner of Agri culture to establish farmers' markets in this state, to make rules and regulations to properly conduct such markets, to enter into contracts for leasing of space; to prescribe a procedure connected therewith; and for other purposes.
SB 31. By Senators McDonald of the 43rd, Dews of the 9th, Matthews of the 47th, Jones of the 23rd and others:
A Bill to provide for self-government of municipalities; to provide that this Act shall be known as "The Municipal Home Rule Law"; to pro vide the manner in which a municipality may come under the provisions of this Act; and for other purposes.
SB 36. By Senator Parker of the 20th:
A Bill to amend an Act establishing the State Employees' Retirement System (Ga. Laws 1949, p. 138), so as to change the number of years of creditable service relative to eligibility for retirement from 35 to 30; and for other purposes.
SB 50. By Senator Zellner of the 22nd: A Bill to create a Livestock Disease Control Board; to provide for the
THURSDAY, JANUARY 26, 1956
427
members, duties and compensation of the members thereof; and for other purposes.
HB 75. By Messrs. McKenna, Carlisle and Groover of Bibb:
A Bill to amend an Act entitled "An Act to reenact the charter of the City of Macon"; and for other purposes.
HB 76. By Messrs. McKenna, Carlisle and Groover of Bibb:
A Bill to be entitled an Act to amend an Act entitled An Act to reenact the charter of the City of Macon; and for other purposes.
HB 91. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to amend an Act regulating the marketing of eggs, so as to change the weight and size classification of eggs; and for other purposes.
HB 104. By Messrs. Potts of Coweta, Stephens and Matthews of Clarke:
A Bill to be entitled an Act declaring the intent of the General Assembly to establish as a policy of the State a method for protection of the public against false claims in the guarantee of high quality of seeds and plants for various agricultural pursuits; and for other purposes.
HB 109. By Mr. Ayers of Madison:
A Bill to be entitled an Act to amend an Act creating a new city charter for the City of Colbert; and for other purposes.
Under the regular order of business, the following Bills and Resolution of the House were taken up for consideration and read the third time:
HR 65-194b. By Messrs. Groover of Bibb, Lavender of Elbert, Blalock of Clayton, Coker of Cherokee, and Chastain of Thomas:
A Resolution to authorize and direct the Department Heads and the governing authorities of the various State Departments to investigate and implement the recommendations of the Joint Economy Committee; and for other purposes.
The following amendment was read and adopted:
Mr. Groover of Bibb moves to amend HR 65-194b by adding at the appropriate place: "Such Report shall be filed with the Speaker and President. Provided further that a copy of this Resolution be sent to each' Department Head.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the adoption of the Resolution, was agreed to, as amended.
428
JOURNAL OF THE HOUSE,
On the adoption of the Resolution, as amended, the ayes were 125, nays I.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HB 146. By Messrs. Sheffield of Brooks, Pelham of Schley, Souter of Macon, Sivell of Harris, Baughman of Early and others:
A Bill to be entitled an Act to provide that before any person, firm, corporation or association shall burn any woods, lands, marshes or other inflammable or combustible materials, notice of time and place must be given to County Forest Ranger; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
HB 147. By Messrs. Moate of Hancock, Sheffield of Brooks, Pelham of Schley, Souter of Macon, Sivell of Harris, Baughman of Early, and others:
A Bill to be entitled an Act to amend an Act comprehensively revising and superseding the laws relating to the Georgia Forestry Commission; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 109, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 148. By Messrs. Moate of Hancock, Sheffield of Brooks, Pelham of Schley, Souter of Macon, Sivell of Harris, Baughman of Early, and others:
A Bill to be entitled an Act to define the various penal offenses relat ing to the firing of woods, lands, marshes, grass timber and other lands in this State; and for other purposes.
The previous question was ordered.
The main question was ordered.
THURSDAY, JANUARY 26, 1956
429
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 116, nays 2.
The Bill having received the requisite constitutional majority was passed.
HB 247. By Messrs. Sognier and Cheatham of Chatham, Sanders and Chambers of Richmond, Russell of Barrow and Nightingale of Glynn:
A Bill to be entitled an Act to amend Section 9-103 of the Code, relat ing to the qualifications of applicants to stand the Bar Examination, as amended; and for other purposes.
Mr. Stripling of Coweta moved the previous question and the call was sustained.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, Mr. Sognier of Chatham moved the ayes and nays and the call was sustained.
The roll was called and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alien Ayers Barber of Colquitt Bentley Bolton Campbell Carlisle Chambers Cheatham Coker of Cherokee Coker of Walker Cowart Deal Deen of Bacon Duncan Eyler Fordham Fowler of Tift Freeman Frier Greene of Crisp Gross of Stephens
Gunter Hawkins
Hayes Henderson
Hendrix Jackson Johnson of Gilmer Jones of Worth Jones of Lumpkin
Jones of Laurens Killian Larkins Lavender Lindsey Mashburn
Mathis of Lowndes Matthews McCracken McKenna
Mobley Mull Murphy of Haralson
Murr Nilan
Palmer Pettey Ramsey Ray Register Sanders
Scoggin Sheffield Short
Smith of Emanuel Sognier Strickland Truelove Twitty Veal
Watson Williams Wright
430
JOURNAL OF THE HOUSE,
Those voting in the negative were Messrs.:
Adams Bagby Barker Baughman Birdsong Black Blackburn Bloodworth Bodenhamer Brannen Brown Caldwell Callier Cason Cates Clary Cloud Cocke Coxwell Dean of Rockdale Dozier English Fain Floyd Flynt Foster Fowler of Douglas Garrard Gillis Green of Rabun
Grimsley Groover Gross of Dade Hall Hardaway Hodges Huddleston Hudson Hurst Jessup Jones of Sumter Kelley Kilgore King of Whitfield King of Chattahoochee King of Pike Lam Lanier Lokey Lowe Mallory Mauldin McGarity McKelvey Moorman Murphey of Crawford Musgrove Odom Parker Perkins
Peters Phillips of Columbia Pickard Potts Raulerson Rodgers Rowland Ruark Sivell Smith of Evans Hoke Smith of Fulton M. M. Smith of Fulton Souter Stevens of Marion Stripling Tamplin Tanner Terrell Todd Underwood of Bartow Underwood of
Montgomery Upshaw Weems Willis Wilson of Towns Wilson of Peach Wooten Young
On the passage of the Bill, the ayes were 64, nays 88.
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 247.
The following Resolutions of the House were read and adopted:
HR 120. By Messrs. Scoggin of Floyd and Groover of Bibb:
A Resolution calling for a Joint Session of the House and Senate to hear an address by the Governor.
HR 121. By Messrs. Holley and Chambers of Richmond, Twitty and Palmer of Mitchell, Ray of Warren, Phillips of Columbia, and McCracken of Jefferson:
A Resolution congratulating the Honorable Carl Sanders for being made "Young Man of the Year" of Augusta, Georgia; and for other purposes.
THURSDAY, JANUARY 26, 1956
431
HR 122. By Mr. M. M. Smith of Fulton:
A Resolution commending the choir of North Pulton High School of Atlanta; 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 184. By Messrs. Groover of Bibb, Lavender of Elbert, Blalock of Clayton, Coker of Cherokee, and Chastain of Thomas:
A Bill to be entitled an Act to repeal an Act to create the Georgia Citizens Council; and for other purposes.
The following amendment was read and adopted:
Mr. Lavender of Elbert moves to amend HB 184 by adding at the end of Section 1 thereof, the following sentence, to wit: The effective date of this Bill shall be June 30, 1956.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the bill, the Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams
Alien
<
Ayers
Barber of Jackson
Barker
Baughman
Birdsong
Black
Blackburn
Blalock
Bodenhamer
Bolton
Brannen
Brown
Caldwell
Campbell
Carlisle
Gates
Chambers
Cheatham
Cheek
Clary
Cocke Coker of Cherokee Coker of Walker Cornelius Cowart Coxwell Deal Dean of Rockdale Deen of Bacon Drinkard English Eyler Pain Ployd Flynt Fordham Foster Fowler of Douglas Freeman Frier Garrard Gilleland
Gillis Green of Rabun Greene of Crisp Grimsley Groover Gross of Stephens Gross of Dade Hall Hardaway Hodges Houston Huddlestbn Hudson Hurst ; Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Worth Jones of Lumpkin Jones of Laurens Jones of Sumter
432
JOURNAL OF THE HOUSE,
Kelley Killian King of Whitfield King of Pike Lam Lanier Larkins Lavender Lindsey Lokey Lowe Mackay Mallory Matthews Mauldin McCracken McKelvey McKenna Mobley Moore Moorman Murphey of Crawford Murphy of Haralson
Musgrove Nilan Odom Palmer Parker Perkins Peters Phillips of Columbia Pickard Potts Ramsey Ray Reed Register Rodgers Rowland Ruark Rutland Scoggin Sheffield Sivell Smith of Evans Smith of Emanuel
M. M. Smith of Fulton Sognier Souter Stephens of Clarke Stewart Strickland Stripling Tamplin Tanner Todd Underwood of Bartow Underwood of
Montgomery Upshaw Veal Watson Woems Willis Wilson of Towns Wilson of Peach Wooten Wright
Those voting in the negative were Messrs.:
Murr
Terrell
Williams
On the passage of the Bill, as amended, the ayes were 133, nays 3.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Duncan of Carroll rose to a Point of Personal Privilege and addressed the House.
HB 188. By Messrs. Groover of Bibb, Lavender of Elbert, Blalock of Clayton, Coker of Cherokee, and Chastain of Thomas:
A Bill to be entitled an Act to repeal an Act creating a State Division of Confederate Pensions and Records; and for other purposes.
The following amendment was read and adopted:
Mr. Groover of Bibb moves to strike Section 4 and insert in lieu thereof:
Section 4. Notwithstanding any provision of this Act all of the historical records of this Division with reference to Confederate ancestry, genealogy and other materials which would preserve for pos terity history of the glorious men of the Confederacy, shall be placed under the direction and control of the Department of Archives and History, who shall preserve and maintain them and in so doing shall advise and consult with the U. D. C.
THURSDAY, JANUARY 26, 1956
433
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 109, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended-
HB 195. By Messrs. Twitty of Mitchell, Mauldin of Gordon, Ray of Warren, Phillips of Columbia, Key of Jasper and Hudson of Irwin:
A Bill to be entitled an Act to regulate the labeling, sale, offering, exposing or transporting for sale of agricultural, vegetable, flower, tree and shrub seeds; and for other purposes.
The following amendment was read and adopted:
Mr. McGarity of Henry moves to amend HB 195 by adding to Section 3 a new subsection to be numbered "( e )" to read:
"(e) Any provision of this Act contrary notwithstanding cowpeas and oats consisting of mixed varieties may be sold by labelling them as 'mixed cowpeas' or 'mixed oats.' The percentage of pure seed shall represent all cowpeas and/or oats present, and a germination test shall be based upon a uniform sample of all varieties in the lot of seed. Cowpeas and oats shall be labeled 'mixed' when they contain an excess of five (5) per cent of one variety or in excess of five (5) per cent of a combination of varieties by weight."
and by striking therefrom Paragraph (1) of Section 7 (b) and in lieu thereof inserting the following:
"(1) To issue a license to any person, vendor, partnership, firm, corporation, trust company, society or association for each retail and wholesale seed dealer, such license to be applied for by each seed dealer upon forms furnished for such purpose. A sepa rate license shall be required for each place of business from which seed are sold, offered for sale, or exposed for sale. Such license shall be valid until revoked as provided by law.
"Out-of-state wholesale and retail seed dealers who sell or ship seed into this State shall obtain a license in the same manner. Any license issued under the provisions of the Act may be revoked by the Commissioner upon satisfactory proof that the licensee has violated any provision of this Act or any rule or regulation pro mulgated thereunder. No license issued hereunder shall be revoked by the Commissioner unless the Commissioner has given the li censee notice of the intent to revoke such license and the reason therefor and until the Commissioner has given the licensee a hearing."
434
JOURNAL OF THE HOUSE,
and by striking Section 10 and in lieu thereof inserting the following:
"Section 10. There is hereby created a Seed Advisory Com mittee to be composed of the Commissioner of Agriculture, ex officio, as Chairman, the Attorney General, ex officio, and one member from the Georgia Experiment Station, one member ifrom the Coastal Plain Experiment Station^ one member, from the Ex* tension Service, two members from the Georgia Seedsmen's Asso ciation, one member from the Georgia College of Agriculture, one member from the Georgia Crop Improvement Association, and one member from the Georgia Farm Bureau, to be selected by the heads of the institutions or organizations. The Commissioner and the Attorney General shall be compensated as provided by law. The other members of the committee shall be compensated $20.00 per day for each day of servicer on business of the committee, to be paid from the funds of the Department of Agriculture. The com mittee shall serve in an advisory capacity to the Commissioner in promulgating rules and regulations pursuant to the provisions of this Act and no rule or regulation shall be promulgated by the Commissioner without consulting the said advisory committee."
The previous question was ordered.
The main question was ordered.
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.
HB 192. By Messrs. Groover of Bibb, Lavender of Elbert, Blalock of Clayton, Coker of Cherokee, and Chastain of Thomas:
A Bill to be entitled an Act to amend an Act providing a uniform method of fixing, limiting and -restricting the salaries, allowances and travel expenses of certain State officials; and for other purposes.
The following Committee Substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act providing for a uniform method of fixing, limiting and restricting the salaries, allowances and travel expenses of certain State officials, approved March 12, 1953 (Ga. Laws 1953, Jan.,-Feb. Sess., p. 613), as amended by an Act ap proved February 9, 1955 (Ga. Laws 1955, p. 167), and as Act approved February 28, 1955 (Ga. Laws 1955, p. 267), so as to change the pro visions as to compensation for board membership; to specify boards and commissions for which compensation within the provisions of this Act shall not be paid; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
THURSDAY, JANUARY 26, 1956
435
SECTION 1.
An Act providing for a uniform method of fixing, limiting and restricting the salaries, allowances and travel expenses of certain State officials, approved March 12, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 613), as amended by an Act approved February 9, 1955 (Ga. Laws 1955, p. 167), and an Act approved February 28, 1955 (Ga. Laws 1955, p. 267), is hereby amended by striking paragraph (c) of Section 1 in its entirety, and in lieu thereof inserting the following;
"(c) In addition to the foregoing, each of the above named officials shall be paid $240.00 annual compensation, payable in semi-monthly installments, for each ex officio office created by law and held by each such officer, provided the Attorney General of Georgia certifies to the State Auditor the legal citation for each ex officio office. Any such ex officio office created by law siibsequent to April 1, 1956, must specifically provide for compensation in order for such payment to be made therefor. The State Auditor is hereby directed to make a detailed statement of these items in each annual audit of each of the respective State agencies. Pro vided, however, that membership on the following shall not entitle any such official to receive such additional compensation: (1) Board of Election Commissioners to Canvass Votes in United States Senatorial Elections; (2) Council to Investigate Incompeteney of Comptroller General or State Treasurer; (3) State Forest Fire Emergency Commission; (4) State War Ballot Commission (5) State Art Commission; (6) .Council to Investigate Suspension of Revenue Commission; (7) State Programs Study Commission; and (8) Vocational Trade School Building Authority."
SECTION 2. repeaAlelld.laws and parts of laws in conflict with this.A'c.t 'ar" e h'ereby
The previous question was ordered.
, '.
The main question was ordered.
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. Groover of Bibb moved the ayes and nays and the call was sustained.
The roll was called and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Ayers Bagby Barber of Colquitt Barber of Jackson
Barker
Baughman
:
Birdsong
Black
Blackburn
Blalock
Bloodworth Bolton BrannenBrown Caldwell Callier
436
JOURNAL OF THE HOUSE,
Campbell Carlisle Gates Chastain Cheatham Clary Cloud Cocke Coker of Cherokee Coker of Walker
Cowart Coxwell
Deal Dean of Rockdale Deen of Bacon Denson Drinkard English Eyler Fain Floyd Fordham Foster Fowler of Douglas Frier Garrard Gilleland Gillis Green of Rabun Greene of Crisp Grimsley Groover Gross of Stephens Gross of Dade Hardaway Harrison of Jeff Davis Hawkins Hayes Henderson Hodges Holley Houston Huddleston Hudson
Hurst Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Worth Jones of Lumpkin Jones of Sumter Kennedy of Turner Kennedy of Tattnall Key Kilgore Killingsworth King of Whitfield King of Pike Lam Lanier Lavender Lindsey Lokey Love Mackay Mallory Martin Mashburn Matthews Mauldin McCracken McGarity McKenna McWhorter Mobley Moore Moorman Mull Murphey of Crawford Murphy of Haralson Murr Musgrove Nilan Odom Palmer Parker Peacock
Peters Pettey Phillips of Columbia
Pickard Potts Ramsey Ray Reed Rodgers Rutland Sanders Scoggin Sheffield Sivell Smith of Evans Smith of Emanuel M. M. Smith of Fulton Sognier Souter Stephens of Clarke Strickland Stripling Tamplin Tanner Tarpley Todd Truelove Turk Twitty Underwood of Bartow Underwood of
Montgomery Upshaw Veal Weems Williams Willingham Willis Wilson of Towns Wilson of Peach Wooten Wright Young
On the passage of the Bill, by substitute, the ayes were 148, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 149. By Messrs. Mobley and Gates of Burke, McGarity of Henry and Bar ber of Colquitt:
A Bill to be entitled an Act to amend an Act to provide for certified public weighers, to provide for appointment of same, defining their powers and duties; and for other purposes.
THURSDAY, JANUARY 26, 1956
437
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill having received the requisite constitutional majority, was passed.
HR 45-129a. By Mr. Blackburn of Habersham:
A Resolution designating a certain bridge as the "Judge I. Homer Sutton Bridge"; and for other purposes.
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the resolution, the ayes were 114, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HB 78. By Messrs. Watson and Denson of Dougherty, M. Smith, Lokey, and Hoke Smith of Fulton, and Gunter of Hall:
A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on the Highways"; and for other purposes.
The following Committee Amendment was read and adopted:
The Committee on Motor Vehicles moves to amend HB 78 by adding thereto a new Section to read, "This Act shall become effective January 1, 1957."
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, Mr. Watson of Dougherty moved the ayes and nays and the call was sustained.
The roll was called and the vote was as follows:
Those voting in the affirmative were Messrs.:
Ayers Carlisle
Cheatham Deal
Deen of Bacon Denson
438
JOURNAL OF THE HOUSE,
Duncan Eyler Frier Greene of Crisp Harrison of Wayne Hayes Kennedy of Tattnall Lam Lokey Love Mackay
Mallory Mashburn McKenna McWhorter Mincy Nilan Parker Perkins Pickard Ramsey Reed
Rodgers Rutland Sanders Sheffield M. M. Smith of Fulton Sognier Stephens of Clarke Watson Williams Young
Those voting in the negative were Messrs.:
Adams Alien Bagby Barber of Jackson Barker Baughman Bentley Birdsong Black Blalock Bloodworth Bodenhamer Bolton Brannen Brown Callier Campbell Chastain Cheek Clary Coker of Cherokee Coker of Walker Cowart Coxwell Dean of Rcckdale
Dozier Drinkard English Fain Floyd Flynt Fordham Foster Fowler of Douglas Fowler of Tift Garrard Gilleland Gillis
Green of Rabun Grimsley Groover Gross of Stephens Gross of Dade Hall Hardaway Harrison of Jeff Davis Henderson Hodges Holley Huddleston Hudson Hurst Jessup Johnson of Jenkins Johnson of Gilmer Jones of Lumpkin Jones of Sumter Jordan Kennedy of Turner Key Kilgore Killian Killingsworth King of Pike Lanier Lavender Lindsey Lowe Mauldin McCracken McGarity Mobley Moore Moorman Mull Murphy of Haralson
Murr Musgrove Odom Palmer Peacock Peters Pettey Phillips of Columbia Potts Ray Ruark Scoggin Sivell Smith of Evans Hoke Smith of Fulton S outer Strickland Stripling Tamplin Tanner Tarpley Todd Truelove Turk Twitty Underwood of Bartow Underwood of
Montgomery Upshaw Veal Weems Willis Wilson of Towns Wilson of Peach Wooten Wright
On the passage of the Bill, as amended, the ayes were 38, nays 111.
THURSDAY, JANUARY 26, 1956
439
The Bill, having failed to receive the requisite constitutional majority, was lost.
HB 138. By Messrs. Killian and Nightingale of Glynn, and Veal of Putnam:
A Bill to be entitled an Act to amend Code Chapter 30-1, relating to divorce, as amended, so as to remove the provision in the form of the judgment and decree of alimony relating to the right of the parties to remarry; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, Mr. Killian of Glynn moved the ayes and nays, and the call was sustained.
The roll was called and the vote was as follows:
Those voting in the affirmative were Messrs.:
Birdsong Clary Deal Fowler of Douglas Fowler of Tift Groover Gross of Stephens Harrison of Wayne
Jackson Killian King of Pike Long Mackay McWhorter Musgrove Palmer
Parker Phillips of Columbia Stricklaiid Tarpley Twitty Veal Watson
Those voting in the negative were Messrs.:
Adams Alien Ayers Bagby Barker Baughman Black Blackburn Blalock Bloodworth Bodenhamer Bolton Brannen Brown Caldwell Callier Campbell Carlisle Gates
Chastain Cheek Coker of Cherokee Coker of Walker Cowart Coxwell Deen of Bacon Denson Drinkard English Floyd Flynt Fordham Foster Frier Garrard Gilis Green of Rabun Grcene of Crisp
Gross of Dade Hall Hardaway Hawkins Henderson Hodges Holley Huddleston Hudson Ivey Jessup Johnson 01 Jenkins Johnson of Gilmer Jones of Lumpkin Jones of Sumter Jordan Kennedy of Turner Kennedy of Tattnall Key
440
JOURNAL OF THE HOUSE,
Kilgore Killingsworth Lam
Lanier Lindsey
Love
Lowe Mallory
Mashburn
Mathews Mauldin
McCracken McGarity McKenna Mobley Moore Moorman
Murphey of Crawford
Murphy of Haralson
Nilan Odom
Peacock Perkins Peters
Pettey Pickard
Potts
Ramsey
Ray Reed
Rodgers Ruark Scoggin Sivell Smith of Evans
M. M. Smith of Fulton
Souter
Stevcns of Marion Stripling
Tamplin Tanner
Todd
Truelove
Turk Underwood of Bartow
Underwood of
Montgomery Upshaw Wcems Willis Wilson of Towns
Wilson of Peach Wooten
Young
On the passage of the Bill, the ayes were 23, nays 110.
The Bill, having failed to receive the requisite constitutional majority, was lost.
HE 183. By Messrs. Coker and Campbell of Walker, Bodenhamer of Tift, Bentley of Cobb, Ivey of Newton and Upshaw of Bartow:
A Bill to be entitled an Act to amend Code Section 53-205, relating to the issuance of marriage licenses; and for other purposes.
The following Committee Substitute was read and adopted:
AN ACT
To amend Section 53-201 of the Code, relating to the granting of marriage licenses, so as to specify the persons who are authorized to grant such licenses; to provide the time therefor; to provide for a penalty; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Section 53-201 of the Code, relating to the granting of marriage licenses, is hereby amended by striking the following:
"Marriage licenses shall be granted by the ordinary, or his clerk, of the county where the female to be married resides, if resi dent in this State. If she be a nonresident of this State, then by the ordinary of the county in which the ceremony is to be per formed."
and inserting in lieu thereof the following:
"Marriage licenses shall be granted only by the ordinary, or his clerk, at the county courthouse, or by the ordinary at his legal residence, only between the hours of 8 o'clock A. M. and 12 o'clock
THURSDAY, JANUARY 26, 1956
441
P.M. Such licenses shall be granted in the county where the female to be married resides, if she is a resident in this State, and in the county in which the ceremony is to be performed, if the female to be married be a nonresident of this State."
so that Section 53-201, as so amended, shall read as follows:
so that Section 53-201, as so amended, shall read as follows:
"53-201. Marriage licenses shall be granted only by the ordi nary, or his clerk, at the county courthouse, or by the ordinary at his legal residence, only between the hours of 8 o'clock A. M. and 12 o'clock P. M. Such licenses shall be granted in the county where the female to be married resides, if she is a resident in this State, and in the county in which the ceremony is to be performed, if the female to be married be a nonresident of this State. The license shall be directed to any judge, justice of the peace, or minister of the gospel, authorizing the marriage of the persons therein named, and requiring such judge, justice of the peace or minister of the gospel to return the said license to the ordinary, with his certificate thereon as to the fact and date of the marriage, within 30 days after the date of said marriage, which license, with the return thereon, shall be recorded by the ordinary in a book kept by him for this purpose."
SECTION 2.
If any ordinary or clerk grants a marriage license in violation of the provisions of Code Section 53-201, such ordinary or clerk, as the case may be, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as for a misdemeanor.
SECTION 3.
All laws and parts of laws in conflict with this Act are hereby repealed.
The previous question was ordered.
The main question was ordered.
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 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Mr. Groover of Bibb moved that the House do now adjourn until 10:00 o'clock tomorrow morning and the motion prevailed.
Leaves of absence were granted to Messrs. Cotton of Baker, Floyd of Chat-
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JOURNAL OF THE HOUSE,
tooga, Weems of Ghattooga, Houston and King of Whitfield, Raulerson of Echols, Hayes of Coffee, Tanner of Coffee, Musgrove of Clinch, Jones of Sumter, Moor man of Lanier, and Key of Jasper for Friday, January 27, 1956, and Jones of Laurens for Monday and Tuesday, January 30th and 31st.
The Speaker announced the House do now adjourn until 10:00 o'clock, to morrow morning.
FRIDAY, JANUARY 27, 1956
443
Representative Hall, Atlanta, Georgia. Friday, January 27, 1956.
The House met pursuant to adjournment this day at 10:00 o'clock, A. M., and was called to order by the Speaker Pro Tempore.
Prayer was offered by the Chaplain, Reverend J. Alton Davis, Associate Pastor, Mulberry Street Methodist Church, Macon, Georgia.
By unanimous consent, the roll call was dispensed with.
Mr. Veal of Putnam, Acting Chairman of the Committee on Journals, re ported 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 busi ness, 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 323. By Mr. Nightingale of Glynn:
A Bill to be entitled an Act to amend an Act relating to voting by mail by persons other than military personnel; and for other purposes.
Referred to the Committee on State of Republic.
HB 324. By Mr. Rowland of Johnson:
A Bill to be entitled ail Act to amend an Act defining the terms "Em ployer" and "Employee", and for other purposes.
Referred to the Committee on Industrial Relations.
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JOURNAL OF THE HOUSE,
HB 325. By Messrs. Killian and Nightingale of Glynn:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenue of Glynn County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 326. By Mr. Lavender of Elbert:
A Bill to be entitled an Act to amend an Act creating the Peace Officer's Annuity and Benefit Retirement Fund, so as to provide the amount of benefits for total and permanent disability; and for other purposes.
Referred to the Committee on State of Republic.
HB 327. By Mr. Harrison of Wayne:
A Bill to be entitled an Act to amend an Act providing for retirement benefits for ordinaries of Georgia; and for other purposes.
Referred to the Committee on Pensions.
HB 328. By Mr. Killian of Glynn:
A Bill to be entitled an Act to prohibit the sale or furnishing of fire arms to persons under sixteen years of age except under restrictions enumerated herein; and for other purposes.
Referred to the Committee on Game and Fish.
HB 329. By Messrs. Cloud and Terrell of Decatur:
A Bill to be entitled an Act to amend an Act establishing the City Court of Bainbridge, and for other purposes.
Referred to the Committee on Municipal Government.
HB 330. By Messrs. McKenna, Carlisle and Groover of Bibb:
A Bill to be entitled an Act to amend an Act entitled an Act to re-enact the charter of the City of Macon, and for other purposes.
Referred to the Committee on Municipal Government.
HB 331. By Messrs. Fordham and Alien of Bulloch.
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Statesboro, and for other purposes.
Referred to the Committee on Municipal Government.
HB 332. By Messsr. Foster and Blalock of Clayton:
A Bill to be entitled an Act establishing a new charter for the City of College Park, and for other purposes.
Referred to the Committee on Municipal Government.
FRIDAY, JANUARY 27, 1956
445
HB 333. By Mr. Watson of Dougherty:
A Bill to be entitled an Act to amend an Act known as the Intangible Property Tax Act, so as to change the tax rate thereunder for accounts and notes receivable owed by a wholly-owned partnership or corporation which returns and pays ad valorem taxes on all its assets to the State of Georgia, and for other purposes.
Referred to the Committee on Ways and Means.
HB 334. By Messrs. Lokey, M. Smith and Hoke Smith of Fulton:
A Bill to be entitled an Act to amend an Act entitled 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, or Chief Clerk, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 335. By Messrs. Floyd and Weems of Chattooga, Perkins of Carroll, Mauldin of Gordon, Deen of Bacon.
A Bill to be entitled an Act to amend an Act providing for an integrated Veterans Service of Georgia and creating a State Department of Vet erans Service, so as to provide for the compensation of the members of the State Board of Veterans Service, and for other purposes.
Referred to the Committee on Veteran Affairs.
HB 336. By Messrs. Sanders, Chambers and Holley of Richmond:
A Bill to be entitled an Act to provide for subsistence allowances not to exceed five dollars per day in behalf of Sheriffs, deputy sheriffs, patrolmen, policemen, and other law enforcement officers, for purposes of federal income taxation; and for other purposes.
Referred to the Committee on Ways and Means.
HB 337. By Mr. M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act relating to rescue and escape of prisoners, so as to provide that it shall be a felony for any person confined or imprisoned for the violation of any municipal ordi nance or State law to escape or attempt to escape, and for other pur poses.
Referred to the Committee on Special Judiciary.
HB 338. By Messrs. Young, Nilan and Pickard of Muscogee:
A Bill to be entitled an Act to repaal an Act relating to carrying a pistol without a license, and for other purposes.
Referred to the Committee on Game and Fish.
446
JOURNAL OF THE HOUSE,
HB 339. By Messrs. Young, Nilan and Pickard of Muscogee:
A Bill to be entitled an Act to amend the law authorizing a fire pro tection system in Muscogee County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 340. By Mr. M. Smith of Pulton:
A Bill to be entitled an Act to amend an Act entitled An Act to repeal an Act providing for the securing of a license from county authorities to sell fireworks; to prohibit the sale, offering for sale or exposing for sale fireworks except under certain conditions; and for other purposes.
Referred to the Committee on Manufacturers.
HB 341. 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 carry into effect in the City of Atlanta the provisions of an amendment to the Constitution relating to the abolition of Justice Courts and the Office of Justice of the Peace in certain cities; and for other purposes.
Referred to the Committee on Municipal Government.
HB 342. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to authorize the Mayor and Council of the City of Athens and the Board of Commissioners of Roads and Revenue of Clarke County to give to the United States a tract of land located in the City of Athens and bounded on the north by Bearing Street and a sixteen foot alley on the east of Franklin St., and for other purposes.
Referred to the Committee on Municipal Government.
HB 343. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to amend an Act creating the Athens Firemen's Pension System, and for other purposes.
Referred to the Committee on Municipal Government.
HB 344. By Messrs. Stephens and Matthews of Clarke: A Bill to be entitled an Act to amend an Act entitled, An Act to amend the Charter of the Town of Athens, and for other purposes.
Referred to the Committee on Municipal Government.
HB 345. By Messrs. Barber of Jackson and Been of Bacon:
A Bill to be entitled an Act to provide for the Safety of Life, Limb and Property, and to Create a Board of Boiler Rules to serve without salary and to formulate and promulgate rules and regulations for the safe construction, installation, inspection and repair of Boilers; and for other purposes.
Referred to the Committee on Manufacturers.
FRIDAY, JANUARY 27, 1956
447
HB 346. By Messrs. Parker of Appling, Deen of Bacon, Williams of Hall, Tanner and Hayes pf Coffee, Stewart of Ben Hill, Jordan of Wheeler, Gillis of Treutlen, Moore of Pickens and many others:
A Bill to be entitled an Act to amend an Act known as the Georgia Rural Roads Authority Act, and for other purposes.
Referred to the Committee on Public Highways #2.
HB 347. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to amend an Act entitled An Act to amend the Charter of the Town of Athens, so as to close the unopened portion of O'Farrell Street, and for other purposes.
Referred to the Committee on Municipal Government.
HB 348. By Mr. Dean of Rockdale:
A Bill to be entitled an Act to provide for the appointment of an assist ant Solicitor General in Judicial Circuits having two or more Judges of Superior Courts in such circuit, and for other purposes.
HR 123-348a. By Messrs. Young, Nilan and Pickard of Muscogee:
A Resolution proposing an amendment to the Constitution, to empower the Board of Commissioners of Roads and Revenues of Muscogee County for regulatory and revenue purposes, to assess and collect license fees and occupational taxes, and for other purposes.
Referred to the Committee on Amendments to Constitution #1.
HR 124-348b. By Messrs. Stephens of Clarke, Fowler of Douglas and Blalock of Clayton:
A Resolution creating a committee to study the advisability of con structing a building for the purpose of storing county and State records; and for other purposes.
Referred to the Committee on State of Republic.
HR 125-348c. By Mr. Murphy of Haralson:
A Resolution to compensate Preston Morris for damages to his auto mobile caused by an employee of he State Highway Department operating a State owned vehicle.
Referred to the Committee on Special Appropriations.
HR 126-348d. By Mr. M. M. Smith of Fulton:
A Resolution proposing an amendment to the Constitution so as to remove the death penalty as punishment for crime; to provide re strictions on the parole of persons sentenced to life imprisonment; and the procedure connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Amendments to Constitution #1.
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JOURNAL OF THE HOUSE,
HR 127-348e. By Mr. Freeman of Monroe: A Resolution compensating Early T. Grant; and for other purposes.
Referred to the Committee on Special Appropriations.
HR 128-348f. By Mr. Eyler of Chatham:
A Resolution to provide for payment to the Quante Plumbing and Heating Company for damage to said company's truck; and for other purposes.
Referred to the Committee on Special Appropriations.
HR 129-348g. By Mr. McCracken of Jefferson:
A Resolution proposing an amendment to Article VII, Section V, Para graph I, of the Constitution, so as to authorize the City of Louisville, in Jefferson 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 Louisville; and for other purposes.
Referred to the Committee on Amendments to Constitution #1.
HR 130-348h. By Mr. McWhorter of DeKalb:
A Resolution creating the "All South Centennial Committee of Georgia" and for other purposes.
Referred to the Committee on State of Republic.
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 37. By Senator Overby of the 33rd:
A Bill to amend the Building and Loan Act (Ga. L. 1937-38, Extra Ses sion, pp. 307. 322), so as to provide protection of State chartered build ing and loan associations in the payment of the redemption value of a share or shares to an insane or otherwise incompetent shareholder; and for other purposes.
SB 44. By Senators Wilkins of the 44th, Matthews of the 47th, Dean of the 40th and Jones of the 23rd:
A Bill to amend the Act prohibiting the throwing or depositing of trash or garbage upon public roads or property; so as to provide the Uniform Division of the State Department of Public Safety with the jurisdiction and power to enforce said act; and for other purposes.
FRIDAY, JANUARY 27, 1956
449
SB 47. By Senator Overby of the 33rd:
A Bill to amend Section 84-1317 of the Code of Georgia relating to who may sell or compound drugs, so as to provide that no drugs shall be sold or dispensed by vending machines; and for other purposes.
SB 56. By Senators Turner of the 34th and Harper of the 26th:
A Bill to amend an Act requiring every insurance company organized and doing business by virtue of the laws of this State to acquire and hold real property for the purpose of renting and leasing same, the in vestments in such property not to exceed five per cent (5%) of its total assets, and to be in addition to any and all other investments authorized by law, so as to change the terms and conditions relative to investments in real estate; and for other purposes.
SR 17. By Senator Chance of the 51st:
A Resolution to officially designate the name for a bridge over Savage Creek on the highway between Tarversville, Twiggs County, Georgia, and Bonaire, Houston County, Georgia, as the "General Ezekiel Wimberly Bridge".
SR 30. By Senators Harden of the 27th and Overby of the 33rd:
A Resolution creating the "All-South Centennial Committee of Georgia"; and for other purposes.
HB 15. By Messrs. Underwood of Bartow and Groover of Bibb:
A Bill to be entitled an Act to amend an Act entitled an Act to estab lish an Employees Retirement System; so as to limit the amount of certain creditable service; and for other purposes.
HB 47. By Messrs. Peters of Meriwether, Mashburn of Porsyth and Coker of Cherokee:
A Bill to be entitled an Act to amend an Act known as the "Uniform Narcotic Drug Act, so as to provide for oral prescriptions for certain narcotic drugs, compounds thereof and derivatives thereof, under certain conditions; and for other purposes.
HB 128. By Messrs. Moate of Hancock, Willingham of Cobb and Groover of Bibb:
A Bill to be entitled an Act to authorize the operating of vending stands in State Buildings by blind or otherwise seriously disabled persons; and for other purposes.
HR 120. By Mr. Groover of Bibb:
A Resolution calling for a Joint Session of the House and Senate to hear and address by the Governor.
HR 107. By Messrs. Mobley of Burke, Tamplin of Morgan and Johnson of Jenkins:
To memorialize our U. S. Senators and Congressmen of the State of
450
JOURNAL OF THE HOUSE,
Georgia to aid the farmers of Georgia and commend them for their efforts for our farmers, and for other purposes.
The Senate has passed as amended by the requisite constitutional majority the following Bill of the House to wit:
HB 16. 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; and for other purposes.
Mr. Speaker:
The Senate has agreed to the House amendment to the following Bill of the Senate:
SB 20. By Senators Parker of the 20th, Dean of the 40th, Dykes of the 14th and many others:
A Bill revising and consolidating laws relative to game and fish, so as to permit the breeding of pen raised quail for commercial purposes; and for other purposes.
By unanimous consent, the following Committee Reports were submitted and read:
Mr. Short of Cplquitt 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 Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 303. Do Pass.
Respectfully submitted,
Short of Colquitt,
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:
SB 19. Do Pass.
SB 22. Do Pass.
FRIDAY, JANUARY 27, 1956
451
SB 27. Do Pass. HB 100. Do Pass. HB 208. Do Pass. HB 106. Do Pass.
Respectfully submitted, Mauldin of Gordon, 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 167. Do Pass.
HB 197. Do Pass.
HB 298. Do Pass.
SB 16. Do Pass.
Respectfully submitted,
Mashburn of Forsyth,
Chairman.
Mr. Jones of Lumpkin County, Chairman of the Committee on Motor Vehicle, submitted the following report:
Mr. Speaker:
Your Committee on Motor Vehicle 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 274. Do Pass, as amended.
HB 322. Do Pass, as amended.
Respectfully submitted,
Jones of Lumpkin,
Chairman.
Mr. Barber of Colquitt County, Chairman of the Committee on Special Ap propriations, submitted the following report:
Mr. Speaker:
Your Committee on Special Appropriations has had under consideration the
452
JOURNAL OF THE HOUSE,
following Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 89-261c. Do Pass, as amended. HR 93-261g. Do Pass. HR 88-261b. Do Pass. HR 116-319g. Do Pass.
Respectfully submitted, Barber of Colquitt, Chairman.
Mr. Drinkard of Lincoln County, Chairman of the Committee on State of Republic, submitted the following report:
Mr. Speaker:
Your Committee on State of Republic has had under consideration the fol lowing Bills 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.
HB 269. Do Pass.
HB 255. 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 174. Do Pass.
HB 175. Do Pass.
Respectfully submitted,
Blalock of Clayton,
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-
FRIDAY, JANUARY 27, 1956
453
lowing 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,
Blalock of Clayton,
Chairman.
By unanimous consent, the following Bills and Resolution of the House and Senate, favorably reported, were read the second time:
HB 100. By Mr. Underwood of Montgomery:
A Bill to be entitled an Act to amend an Act relating to the sale, pur chase and use of drugs of the Sulfanilamide or Sulfonamide group manufactured for use in the control of livestock and poultry diseases, and for other purposes.
HB 106. By Mr. Groover of Bibb:
A Bill to be entitled an Act to amend an Act relating to the sale of Commercial feed and feeding-stuffs sold in this State, and for other purposes.
HB 167. By Mr. Matthews of Clarke:
A Bill to be entitled an Act to provide for the examination and registra tion of persons engaged in the practice of massage, and massage schools; to provide that this Act shall be known as the "Massage Registration Act", and for other purposes.
HB 174. 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 dis cretion, receive tax returns either at his office or in the several militia districts of the county; and for other purposes.
HB 175. By Mr. Lowe of Oglethorpe:
A Bill to be entitled an Act to amend an Act relating to the duties of the 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 dis tricts; and for other purposes.
HB 197. By Messrs. Coker of Cherokee and Mashburn of Porsyth:
A Bill to be entitled an Act to amend an Act relating to nurses, so as to change the registration fee of under-graduate nurses; to change the annual validation fee of the certificate of registered nurses, and for other purposes.
454
JOURNAL OF THE HOUSE,
HB 202. By Messrs. Groover of Bibb, Twitty of Mitchell and Ray of Warren:
A Bill to be entitled an Act to amend an Act creating the office of Solicitor General Emeritus and creating the Solicitors General Retire ment Funds of Georgia; and for other purposes.
HB 208. By Messrs. Lanier of Candler and Freeman of Monroe:
A Bill to be entitled an Act to provide bonded certified public weigher at Tobacco Warehouses, and Livestock Auction Barns, and for other purposes.
HB 269. By Mr. Groover of Bibb:
A Bill to be entitled an Act to amend an Act concerning the Creation, Declaration and enforcement of Laborers' and Materialmen's liens by providing that liens shall be created in favor of registered land sur veyors and registered professional engineers performing or furnishing services as such, and for other purposes.
HB 255. By Messrs. Moate of Hancock, Groover of Bibb, Odom of Camden, Hawkins of Screven, Baughman of Early and many others:
A Bill to be entitled an Act to fix the domicile of corporations, engaged in publishing newspapers, magazines and other periodicals; to fix the venue of actions in tort against such corporations; and for other pur poses.
HB 274. By Mr. Lanier of Candler:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety, and providing for the issuance, suspension and revo cation of driver's licenses, and for other purposes.
HB 322. By Mr. Tarpley of Union:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety for Georgia and making provisions relative to the issuance, suspension and revocation of drivers' licenses; and for other purposes.
HB 303. By Messrs. Denson and Watson of Dougherty:
A Bill to be entitled an Act to amend an Act consolidating the office of Tax Receiver and the Office of Tax Collector of Dougherty County, and for other purposes.
HR 88-261b. By Messrs. Kelley and Kilgore of Gwinnett:
A Resolution compensating Ernest and Dorothy Brooks for damages and for other purposes.
HR 89-261c. By Messrs. Kelley and Kilgore of Gwinnett:
A Resolution to compensate Mr. George H. Verner, Mr. Arthur E. Verner and Miss Anne E. Verner; and for other purposes.
FRIDAY, JANUARY 27, 1956
455
HR 93-261g. By Mr. Peacock of Dodge:
A Resolution to compensate Hal S. Martin for the damages inflicted upon his automobile, and for other purposes.
HR 116-319g. By Mr. Kennedy of Tattnall:
A Resolution to compensate Dr. Hess and Clark, Inc., for damages to an automobile, and for other purposes.
SB 16. By Senators Page of the 1st and Steis of the 25th:
A Bill to be entitled an Act to amend an Act regulating the practice of Chiropody, so as to provide for the qualifications of applicants for examination, and for other purposes.
SB 19. By Senators Matthews of the 47th and Dean of the 40th:
A Bill to be entitled an Act to amend an Act to provide for and author ize the Commissioner of Agriculture to establish farmers' markets in this State, and for other purposes.
SB 22. By Senators Dean of the 40th, Matthews of the 47th and Chance of the 51st:
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.
SB 27. By Senators Dean of the 40th, Matthews of the 47th and Chance of the 51st:
A Bill to be entitled an Act to provide that all meat, meat products, fish and poultry offered or exposed for sale, or sold, shall be by net weight only; and for other purposes.
SB 43. By Senator Overby of the 33rd:
A Bill to be entitled an Act to approve an Executive Order of the Gov ernor of July 8, 1955, suspending in part the tax levied by the Act approved June 30, 1955, against licensees under the Act known as the "Georgia Industrial Loan Act", and for other purposes.
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 137. By Messrs. Potts and Stripling of Coweta:
A Bill to be entitled an Act to prohibit the solicitation of votes by any means or method for any person or proposition or any election day within a specified distance of any voting place in counties of a certain population; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 103, nays 0.
456
JOURNAL OF THE HOUSE,
The Bill, having received the requisite constitutional majority, was passed.
HB 155. By Messrs. Jones and Hogan of Laurens:
A Bill to be entitled an Act to amend an Act creating the City Court of Dublin; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 104, nays 0.
The Bill, haivng received the requisite constitutional majority, was passed.
HB 156. By Messrs. Duke and Massee of Baldwin:
A Bill to be entitled an Act to authorize the governing authority of the City of Milledgeville to provide for zoning and planning; and for other purposes.
The report 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 157. By Messrs. Jones and Hogan of Laurens:
A Bill to be entitled an Act to amend an Act incorporating 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 106, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 181. By Messrs. Jones and Hogan of Laurens:
A Bill to be entitled an Act to amend an Act creating the City Court of Dublin; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 107, aays 0.
The Bill, having received the requisite constitutional majority, was passed.
FRIDAY, JANUARY 27, 1956
457
HB 182. By Messrs. Jones and Hogan of Laurens:
A Bill to be entitled an Act to amend an Act incorporating the Town of East Dublin.
The report 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 211. By Messrs. Kelley and 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.
The report 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 212. By Messrs. Kelley and Kilgore of Gwinnett:
A Bill to be entitled an Act to provide for the compensation of the Sheriff, the Clerk of the Superior Court, the Clerk of the City Court and the Ordinary of Gwinnett County; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 213. By Messrs. Kilgore and Kelley of Gwinnett:
A Bill to be entitled an Act to consolidate the offices of Tax Receiver and Tax Collector of Gwinnett County into the office of Tax Commis sioner 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 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
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JOURNAL OF THE HOUSE,
HB 222. By Mr. Ivey of Newton:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Covington; and for other purposes.
The following amendment was read and adopted:
Mr. Ivey of Newton moves to amend HB 222 by striking the words "January 1, 1957" in Line 6 of the last paragraph of Section 2 and in serting in lieu thereof "July 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 224. By Mr. Henderson of Atkinson:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues in the County of Atkinson; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 223. By Ivey of Newton:
A Bill to be entitled an Act to repeal an Act to incorporate the town of Covington Mills, in the County of Newton; and for other purposes.
The following amendment was read and adopted:
Mr. Ivey of Newton moves to amend HB 223 by adding a new Sec tion to be known as "Section 1A" to read as follows: "This Act shall be effective July 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 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
FRIDAY, JANUARY 27, 1956
459
HB 225. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to amend an Act creating the Dublin Judicial Circuit; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 113, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 226. By Messrs. Cheatham, Sognier, and Eyler of Chatham:
A Bill to be entitled an Act to amend the Charter of the Town of Pooler and incorporating said Town; and for other purposes.
The report 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 227. By Messrs. Watson and Denson of Dougherty:
A Bill to be entitled an Act to amend an Act establishing the City Court of Albany in and for the County of Dougherty; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 228. By Messrs. Chambers, Holley, and Sanders of Richmond:
A Bill to be entitled an Act to abolish the offices of Tax Receiver and Tax Collector 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 117, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 229. By Messrs. Sognier, Cheatham, and Eyler of Chatham:
A Bill to be entitled an Act to amend the Charter of the Town of Pooler and other Acts amendatory thereto; and for other purposes.
460
JOURNAL OP THE HOUSE,
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 230. By Mr. Underwood of Montgomery:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Montgomery County; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 119, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 231. By Messrs. Cheatham, Sognier, and Eyler of Chatham: A Bill to be entitled an Act to amend the Charter of the Mayor and Aldermen of the City of Savannah; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 232. By Messrs. Williams and Gunter of Hall, and Martin of Banks: A Bill to be entitled an Act to incorporate the City of Lula in the Counties of Hall and 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 121, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 233. By Messrs. Williams and Gunter of Hall: A Bill to be entitled an Act to amend an Act to amend the Charter of the City of Gainesville; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 122, nays 0.
FRIDAY, JANUARY 27, 1956
461
The Bill, having received the requisite constitutional majority, was passed.
HB 238. By Messrs. Young, Nilan, and Pickard oi Muscogee:
A Bill to be entitled an Act amending the charter of the City of Colum bus; and for other purposes.
The report 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 240. By Messrs. Gunter and Williams of Hall:
A Bill to be entitled an Act to provide that the Commissioners of Roads and Revenues of Hall County, Georgia, shall, in their discretion, have the authority to call and provide for the holding not more than once in each calendar year of an advisory referendum in which the qualified voters of Hall County, Georgia, can express their opinion on such issues as the Commissioners of Roads and Revenues of Hall County may deem; and for other purposes.
The report 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 242. By Messrs. Twitty and Palmer of Mitchell:
A Bill to be entitled an Act to provide that the Mayor and Council of the City of Camilla shall have the power to designate by appointment the person, firm or corporation to be City Treasurer 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 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 248. By Messrs. McWhorter, Mackay, and Rutland of DeKalb:
A Bill to be entitled an Act to authorize the establishment of more than one election precinct in a Militia District in certain counties; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
462
JOURNAL OF THE HOUSE,
On the passage of the Bill, the ayes were 126, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 250. By Messrs. Bolton and Lindsey of Spalding:
A Bill to be entitled an Act to repeal an Act authorizing the City Com missioners of the City of Griffin to close and vacate a portion of a cer tain street in 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 127, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 251. By Messrs. Bolton and Lindsey of Spalding:
A Bill to be entitled an Act to provide for an expense allowance for the members of 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 128, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 252. By Messrs. Bolton and Lindsey of Spalding:
A Bill to be entitled an Act to amend an Act creating the charter for the City of Griffin.
The report 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 253. By Messrs. Hoke Smith, M. M. Smith, and Lokey of Fulton:
A Bill to be entitled an Act to amend an Act to provide for the use of voting machines for casting, registering, recording and computing ballots or votes at all elections, including primaries; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 130, nays 0.
FRIDAY, JANUARY 27, 1956
463
The Bill, having received the requisite constitutional majority, was passed.
HB 254. By Messrs. Hoke Smith, Lokey, and M. M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act known as the Voters' Registration Act; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 131, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 258. By Messrs. Lokey, M. Smith, and Hoke Smith of Fulton:
A Bill to be entitled an Act to amend the Act authorizing the establish ment of limited access highways in counties having a population of 300,000 or more; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 132, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 260. By Messrs. Lokey, M. Smith, and Hoke Smith of Fulton:
A Bill to be entitled an Act to amend 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.
The report 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. Foster and Blalock of Clayton:
A Bill to be entitled an Act to amend an Act to incorporate the Town of Forest Park in the County of Clayton; and for other purposes.
The report 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.
464
JOURNAL OF THE HOUSE,
HB 264. By Messrs. Birdsong and Lam of Troup:
A Bill to be entitled an Act to amend an Act establishing a pension and retirement system for the employees of Troup County; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 273. By Mr. Cocke of Terrell:
A Bill to be entitled an Act to amend the Charter of the City of Dawson; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 106, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 282. By Mr. Hendrix of Long:
A Bill to be entitled an Act to provide that the members of the county boards of education in all counties of this State having a population of not more than 3700 and not less than 3585, according to the 1950 Federal Census, or any future such census, shall be paid a per diem of $20 per day for actual services; and for other purposes.
The report 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 287. By Messrs. Foster and Blalock of Clayton:
A Bill to be entitled an Act to create and incorporate the City of Moun tain View, in the County of Clayton; and for other purposes.
The report 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.
FRIDAY, JANUARY 27, 1956
465
HB 288. By Mr. Odom of Camden:
A Bill to be entitled an Act to amend the Charter of the City of St. Marys, Georgia; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 109, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 289. By Messrs. Hayes and Tanner of Coffee:
A Bill to be entitled an Act to amend an Act creating a new charter and municipal government for the City of Douglas; and for other purposes.
The report 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, n&ys 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 291. By. Mr. Odom of Camden:
A Bill to be entitled an Act to authorize, empower, and direct the City of St. Marys, Georgia, to abandon and close portions of City Street; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 293. By Messrs. Tanner and Hayes of Coffee:
A Bill to be entitled an Act to amend an Act creating a new charter and municipal government for the City of Douglas; and for other purposes.
The report 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.
466
JOURNAL OP THE HOUSE,
HB 295. By Messrs. Cornelius and McKelvey of Polk:
A Bill to be entitled an Act to amend an Act of the General Assembly of Georgia, creating a new Charter and Municipal Government for the City of Cedartown; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 113, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 296. By Messrs. Cornelius and McKelvey of Polk:
A Bill to be entitled an Act to amend an Act of the General Assembly of Georgia, creating a new Charter and Municipal Government for the City of Cedartown; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 297. By Messrs. Blalock and Foster of Clayton:
A Bill to be entitled an Act to incorporate the City of Riverdale, in the County of Clayton and State of Georgia; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 300. By Messrs. Groover, Carlisle, and McKenna of Bibb:
A Bill to be entitled an Act to approve, ratify and confirm Acts of the City of Macon and of its Mayor and Board of Aldermen in closing vacating and abandoning an alley 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 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
FRIDAY, JANUARY 27, 1956
467
HB 290. By Messrs. Hayes and Tanner of Coffee: A Bill to be entitled an Act to amend an Act creating a new charter and municipal government for the City of Douglas; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 117, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the Committees:
SB 26. By Senators Dean of the 40th, Matthews of the 47th and Chance of the 51st: A Bill to be entitled an Act to amend an Act to authorize the Commis sioner of Agriculture to enter into contracts for the leasing of space at Farmers' markets; and for other purposes.
Referred to the Committee on General Agriculture #1.
SB 36. By Senator Parker of the 20th:
A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System, so as to change the number of years of creditable service relative to eligibility for retirement from 35 to 30; and for other purposes.
Referred to the Committee on State of Republic.
SB 50. By Senator Zellner of the 22nd:
A Bill to be entitled an Act to create a Livestock Disease Control Board and for other purposes.
Referred to the Committee on General Agriculture #2.
SB 31. By Senators McDonald of the 43rd, Dews of the 9th, Matthews of the 47th, Jones of the 23rd and Waters of the 41st, and others:
A Bill to be entitled an Act to provide for municipal home rule; and for other purposes.
Referred to the Committee on Special Judiciary.
SB 37. By Senator Overby of the 33rd:
A Bill to be entitled an Act to amend the Building and Loan Act; and for other purposes.
Referred to the Committee on Banks and Banking.
468
JOURNAL OF THE HOUSE,
SB 44. By Senators Wilkins of the 44th, Matthews of the 47th, Dean of the 40th and Jones of the 23rd:
A Bill to be entitled an Act to amend an Act prohibiting the throwing or depositing of trash or garbage upon public roads or property; and for other purposes.
Referred to the Committee on Public Highways #1.
SB 47. By Senator Overby of the 33rd:
A Bill to be entitled an Act to amend an Act, relating to who may sell or compound drugs, so as to provide that no drugs shall be sold or dispensed by vending machines; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
SB 56. By Senators Turner of the 34th and Harper of the 26th:
A Bill to be entitled an Act authorizing insurance companies organized and doing business by virtue of the laws of this State to acquire and hold real property for the purpose of renting and leasing same; and for other purposes.
Referred to the Committee on Insurance.
SR 17. By Senator Chance of the 51st:
A Resolution to officially designate the name for a bridge over Savage Creek on the highway between Tarversville, Twiggs County, Georgia, and Bonaire, Houston County, Georgia, as the "General Ezekiel Wimberly Bridge," and for other purposes.
Referred to the Committee on Historical Research.
SR 30. By Senators Harden of the 27th, Overby of the 33rd:
A Resolution creating the "All South Centennial Committee of Georgia," and for other purposes.
Referred to the Committee on State of Republic.
Mr. Stephens of Clarke moved that the following Bill of the House be with drawn from the Committee on Banks and Banking, read the second time, and recommitted:
HB 131. By Messrs. Rowland of Johnson:
A Bill to be entitled an Act to amend Code Chapter 25-1, relating to Credit Unions; and for other purposes.
The motion prevailed, and the Bill was withdrawn, read the second time, and recommitted.
The following Resolution of the House was read and referred to the Com mittee on State of Republic:
FRIDAY, JANUARY 27, 1956
469
HR 131. By Messrs. Blalock of Clayton and Sanders of Richmond:
A Resolution creating a committee to study the advisability of (1) con forming the Georgia Income Tax Laws as nearly as practicable to the Federal Income Tax Law with respect to the determination and classi fication of a taxable net income, and (2) of providing for a State income tax withholding system; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 132. By Messrs. Harrison of Jeff Davis, Been of Bacon, Parker of Appling, Tanner of Coffee, and Frier of Ware:
A Resolution requesting that tobacco farmers be permitted to continue leasing tobacco allotments; and for other purposes.
HR 133. By Mr. Groover of Bibb:
HOUSE RESOLUTION
WHEREAS: The Legislature of Alabama created a committee to negotiate with a similar committee from the State of Georgia with regard to changing the boundary between Georgia and Alabama, and
WHEREAS: Governor Marvin Griffin, at the request of Governor Folsom of Alabama, appointed a committee of the General Assembly of Georgia comprised of Speaker Moate, Rep. John Nilan, Rep. Leon H. Baughman, Sen. Nelson C. Coffin and Sen. William Burton Steis to meet with the Alabama delegation, now
THEREFORE: Be it resolved by the House of Representatives with the Senate concurring, that the aforesaid members of the boundary committee be paid from funds appropriated for the operation of the General Assembly.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 98. By Mr. Blackburn of Habersham:
A Bill to be entitled an Act to repeal an Act creating a new charter for the City of Clarkesville, to provide a new charter for said City; and for other purposes.
The following Senate amendment was read:
Senators Ayers of the 31st moves to amend HB 98, as follows: By inserting in Section 33 thereof, after the words "private property", the words, "except property of an existing public utility".
Mr. Blackburn of Habersham moved that the House agree to the Senate amendment to HB 98.
On the motion to agree, the ayes were 105, nays 0.
470
JOURNAL OF THE HOUSE,
The Senate amendment was agreed to.
Mr. Bagby of Paulding moved that the House do now adjourn until 10:00 o'clock Monday morning, January 30, 1956, and the motion prevailed.
The Speaker Pro Tempore announced the House adjourned until 10:00 o'clock Monday morning, January 30, 1956.
MONDAY, JANUARY 30, 1956
471
Representative Hall, Atlanta, Georgia. Monday, January 30, 1956.
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, Reverend Eugene Dailey, First Baptist Church, Sparta, Georgia.
The roll was called and the following members answered to their names:
Adams Alien Ayers Bagby Barber of Colquitt Barber of Jackson Barker Baughman Bentley Birdsong Black Blackburn Blalock Bloodworth Bodenhamer Brannen Brown Caldwell Callier Campbell Carlisle Cason Gates Chambers Cheatham Cheek
Clary Cloud Cocke Coker of Walker Cornelius Cotton Cowart Coxwell Dean of Rockdale Deen of Bacon Denmark Denson Dozier Drinkard Edenfield Elder English
Fain Floyd Flynt Fordham Foster Fowler of Douglas Fowler of Tift Frier Garrard Gilleland Gillis Greer, of Rabun Greene of Crisp Grimsley Groover Gross of Stephens Gross of Dade Gunter Hall Harrell Harrison of Wayne Hawkins Hayes Henderson Hodges 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 Kennedy of Tattnall Key Kilgore
Killian Killingsworth King of Whitfield King of Chattahoochee King of Pike Kitchens Kitchens Lam Land Larkins Lindsey Lokey Lowe Mackay Mallory Mashburn Massee Matheson Mathis Matthews Mauldin McCracken McGarity McKelvey McKenna McWhorter Mincy Mobley Moore Moorman Mull Murphey of Crawford Murphy of Haralson Musgrove Nightingale Nilan Odom Palmer Parker Pelham Peters Phillips of Columbia Phillips of Walton
472
JOURNAL OF THE HOUSE,
Pickard Potts Ramsey Raulerson Ray Reed Register Rodgers Roughton Rowland Ruark Rutland Sanders Scoggin Short Singer
Sivell Smith of Evans Smith of Emanuel M. M. Smith of Fulton Sognier Souter Stevens of Marion Stewart Strickland Stripling Tamplin Tanner Terrell Todd Truelove Turk
Twitty Underwood of Bartow Underwood of
Montgomery Veal Watson Weems Wheeler Williams Willingham Willis Wilson of Towns Wilson of Peach Wooten Wright Young
Those not answering the roll call were Messrs.:
Bolton Chastain Coker of Cherokee Deal Duke Duncan Eyler Freeman Hardaway Harrison of Jeff Davis
Hendrix Hurst Jones of Worth Kennedy of Turner Lanier Lavender Long Love Martin Murr
Peacock Perkins Pettey Russell Sheffield Hoke Smith of Fulton Stephens of Clarke Tarpley Upshaw Mr. Speaker (Moate)
Mr. Veal of Putnam, Acting Chairman of the Committee on Journals re ported 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.
7. That the Speaker in his discretion, may call up any Bill on the General Calendar in any order he deems advisable.
MONDAY, JANUARY 30, 1956
473
By unanimous consent, the following Bills and Resolutions of the House were read the first time and referred to the Committees:
HB 349. By Mr. Peters of Meriwether:
A Bill to be entitled an Act to amend an Act entitled An Act to in corporate the City of Manchester in the Counties of Meriwether and Talbot, and for other purposes.
Referred to the Committee on Municipal Government.
HB 350. By Mr. Peters of Meriwether:
A Bill to be entitled an Act to amend an Act which incorporated the City of Manchester, and for other purposes.
Referred to the Committee on Municipal Government.
HB 351. By Mr. Bentley of Cobb:
A Bill to be entitled an Act to provide that a parent or guardian shall be liable for the wilful and wanton torts of his minor child in an amount not to exceed five hundred dollars; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 352. By Messrs. Bentley of Cobb, M. Smith of Fulton and Scoggin of Floyd:
A Bill to be entitled an Act to amend an Act entitled An Act to amend and revise the adoption laws now set forth in Chapter 74-4 of the Code of Georgia of 1933; and for other purposes.
Referred to the Committee on General Judiciary #1.
HB 353. By Messrs. Bentley of Cobb, M. Smith of Fulton and Scoggin of Floyd:
A Bill to be entitled an Act to amend an Act establishing Juvenile Courts and providing the procedure connected therewith, and for other purposes.
Referred to the Committee on General Judiciary #2.
HB 354. By Messrs. Killian and Nightingale of Glynn, Groover of Bibb and Willingham of Cobb:
A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System, and for other purposes.
Referred to the Committee on State of Republic.
HB 355. By Mr. Strickland of Toombs:
A Bill to be entitled an Act to amend an Act relating to the compen sation of surveyor and laborers for surveying disputed county lines; and for other purposes.
Referred to the Committee on General Judiciary #1.
474
JOURNAL OF THE HOUSE,
HB 356. By Mr. Odom of Camden:
A Bill to be entitled an Act to create the office of Assistant Solictor for Camden County; and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 357. By Messrs. Lokey, H. Smith, M. Smith, of Fulton, Mackay, Rutland and McWhorter of DeKalb:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, relating to the Municipal Court of the City of Atlanta, and for other purposes.
Referred to the Committee on Municipal Government.
HB 358. 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.
Referred to the Committee on Municipal Government.
The following Resolution of the House was read and adopted:
HR 134. By Mr. Groover of Bibb:
A Resolution rescinding the action of the House and Senate in adopting HR 120 calling for a Joint Session for the purpose of hearing a message from the Governor; and for other purposes.
Mr. Nightingale of Glynn moved that the following Bill of the Senate be withdrawn from the Committee on Special Judiciary, read the second time, and recommitted:
SB 31. By Senators McDonald of the 43rd, Dews of the 9th, Matthews of the 47th, Jones of the 23rd and Waters of the 41st; and others:
A Bill to be entitled an Act to provide for municipal home rule; and for other purposes.
The motion prevailed and the Bill was withdrawn, read the second time and recommitted.
Mr. Killian of Glynn asked unanimous consent that the following Bill of the House be withdrawn from the Committee on Counties and County Matters, read the second time and recommitted:
HB 325. By Messrs. Killian and Nightingale of Glynn:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenue of Glynn County; and for other purposes.
The request was granted and the Bill was withdrawn, read the second time, and recommitted.
MONDAY, JANUARY 30, 1956
475
Mr. Rowland of Johnson moved that the following Bills of the House be with drawn from the Committee on Industrial Relations, read the second time and recommitted:
HB 280. By Messrs. Moate of Hancock, Willingham of Cobb, Groover of Bibb, Rowland of Johnson, Freeman of Monroe, Scoggin of Floyd and others:
A Bill to be entitled an Act known as the Unemployment Compensation Law; by liberalizing the benefit tables so as to change the weekly benefit amount; and for other purposes.
HB 118. By Messrs. Bagby of Paulding, Rowland of Johnson, Ivey of Newton, Lanier of Candler, Willingham and Bentley of Cobb; and others:
A Bill to be entitled an Act to amend an Act creating the State Board of Workmen's Compensation; and for other purposes.
The motion prevailed, and the Bills were withdrawn, read the second time and recommitted.
Mr. Groover of Bibb asked unanimous consent that the following Bills of the House be recommitted to the Committee on State of Republic:
HB 4. By Mr. Groover of Bibb:
A Bill to be entitled an Act to create an Engineering Advisory Board; and for other purposes.
HB 14. 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.
The request was granted and the Bills were recommitted to the committee on State of Republic.
Mr. Groover of Bibb asked unanimous consent that the following Bill of the House be recommitted to the Committee on Special Judiciary:
HB 77. By Mr. Hawkins of Screven:
A Bill to be entitled an Act to prohibit contributions to political cam paigns by corporations; and for other purposes.
The request was granted and the Bill was recommitted to the Committee on Special Judiciary.
Mr. Lindsey of Spalding asked unanimous consent that the following Bill of the House be withdrawn from further consideration of the House:
HB 74. By Mr. Lindsey of Spalding:
A Bill to be entitled an Act to amend Chapter 49-2 of the Code of Georgia; and for other purposes.
.476
JOURNAL OP THE HOUSE,
The unanimous consent request was granted and the Bill was withdrawn from further consideration of the House.
Mr. Sognier of Chatham moved that the House reconsider its action in failing to pass the following Bill of the House:
HB 247. By Messrs. Sognier and Cheatham of Chatham, Sanders and Chambers of Richmond, and Nightingale of Glynn:
A Bill to be entitled an Act to amend Section 9-103 of the Code of Geor gia; and for other purposes.
On the motion to reconsider, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alien Ayers Barber of Colquitt Barker Bentley Blalock Campbell Carlisle Cason Chambers Cheatham Coker of Walker Deen of Bacon Denmark Denson Fordham Foster Fowler of Douglas Fowler of Tift Greene of Crisp Gross of Stephens
Gunter Harrison of Jeff Davis Hayes Henderson Holley Jackson Johnson of Gilmer Jones of Lumpkin Killian Lavender Lindsey Mackay Mashburn Mathis of Lowndes McCracken McKenna Mull Murr Nightingale Nilan Palmer
Pettey Raulerson Ray Register Rutland Sanders Scoggin Smith of Evans Sognier Stewart Strickland Tanner Truelove Turk Twitty Underwood of
Montgomery Wilson of Peach Wright
Those voting in the negative were Messrs.:
Adams Bagby Baughman Birdsong Black Blackburn Bloodworth Brannen Brown Caldwell Callier Gates Chastain Cheek
Clary Cocke Coker of Cherokee Cornelius Cotton Cowart Coxwell Dean of Rockdale Dozier Drinkard Fain Floyd Flynt Garrard
Gilleland
Gillis Green of Rabun Grimsley Groover Gross of Dade Huddleston Hudson Ivey Jessup Johnson of Jenkins Jones of Sumter Jordan Kelley
MONDAY, JANUARY 30, 1956
477
Kennedy of Tattnall Kilgore Killings-worth King of Pike Kitchens
Land Larkins Lokey Mallory Martin Matheson of Hart Mauldin McGarity McKelvey
McWhorter Mobley Moorman Murphey of Crawford Odom
Peacock Pelham Peters Phillips of Columbia Phillips of Walton Ramsey Rowland Ruark Russell
Singer Hoke Smith of Pulton M. M. Smith of Fulton Souter Stevens of Marion
Tamplin Upshaw Weems Wheeler Williams Willingham Wilson of Towns Wooten Young
On the motion to reconsider, the ayes were 60, nays 84.
The motion to reconsider was lost.
Mr. Raulerson of Echols moved that the following Bill of the House be with drawn from the Committee on Industrial Relations, read the second time, and recommitted:
HB 309. By Messrs. Raulerson of Echols, Rodgers of Charlton, Register of Lowndes, Jessup of Bleckley, Parker of Appling and many others:
A Bill to be entitled an Act to provide for the installation of wind shields and tops on track cars operated by common carriers; and for other purposes.
The motion prevailed, and the Bill was withdrawn, read the second time and recommitted.
Mr. Lavender of Elbert moved that the following Bill of the House be with drawn from the Committee on Special Judiciary, read the second time and re committed :
HB 168. By Messrs. Lavender of Elbert, Matheson of Hart, and Ayers of Madison:
A Bill to be entitled an Act to change the terms and the time of meeting of the Superior Courts of the counties of the Northern Judicial Circuit; and for other purposes.
The motion prevailed, and the Bill was withdrawn, read the second time and recommitted.
Mr. Watson of Dougherty moved that the following Bills of the House be withdrawn from the Committee on Banks and Banking, read the second time and recommitted:
478
JOURNAL OP THE HOUSE,
HB 305. By Messrs. Watson and Denson of Dougherty, Gunter and Williams of Hall, and Birdsong and Lam of Troup:
A Bill to be entitled an Act to amend Section 13-203 of the Code of Georgia relative to branch banks; and for other purposes.
HB 89. By Messrs. Watson of Dougherty, Barber of Colquitt, and Mathis of Lowndes:
A Bill to be entitled an Act to amend Section 13-201 of the Code of Georgia; and for other purposes.
The motion prevailed, and the Bills were withdrawn, read the second time and recommitted.
Mr. Wheeler of Seminole moved that the following Resolutions of the House be withdrawn from the committee on Special Appropriations, read the second time and recommitted:
HR 113-319d. By Mr. Wheeler of Seminole:
A Resolution to compensate Roy Hill for injuries; and for other pur poses.
HR 114-319e. By Mr. Wheeler of Seminole:
A Resolution to compensate Emma Mae Bell for the death of her hus band; and for other purposes.
HR 115-319f. By Mr. Wheeler of Seminole:
A Resolution to compensate Lillie Ruth Lee of Bascom, Florida for the death of her husband; and for other purposes.
The motion prevailed, and the Resolutions were withdrawn, read the second time, and recommitted.
Mr. Lindsey of Spalding moved that the following Bill of the House be with drawn from the Committee on Municipal Government, read the second time and recommitted:
HB 318. 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.
The motion prevailed, and the Bill was withdrawn, read the second time and recommitted.
Mr. Floyd of Chattooga moved that the following Bill of the House be with drawn from the Committee on Veterans Affairs, read the second time and recommitted:
MONDAY, JANUARY 30, 1956
479
HB 335. By Messrs. Floyd and Weems of Chattooga, Perkins of Carroll, Mauldin of Gordon, and Deen of Bacon:
A Bill to be entitled an Act to amend an Act providing for the compen sation of the members of the State Board of Veterans Service; and for other purposes.
The motion prevailed, and the Bill was withdrawn, read the second time, and recommitted.
Mr. Duke of Baldwin moved that the following Resolution of the House be withdrawn from the Committee on Public Property, read the second time and recommitted:
HR 60-163L By Messrs. Duke and Massee of Baldwin:
A Resolution to authorize the Governor on behalf of the State, to ne gotiate and sell a tract of State land; and for other purposes.
The motion prevailed, and the Resolution was withdrawn, read the second time and recommitted.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 16. 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 States under the Old-Age and Survivors Insurance provisions of Title II of the Federal Social Security Act; and for other purposes.
The following Senate amendment was read:
Senator Overby of the 33rd moves to amend HB 16 as follows:
By striking from Section 2, subsection (4) of said Bill the following "(b)" appearing in the second line thereof, and inserting in lieu thereof the following "(h)".
By striking from Section 4 of said Bill the following "218 (d) (3) (C)" and inserting in lieu thereof the following: "218 (c) (3) (C)".
By striking from Section 6 of said Bill the following: "sub-para graph (a) of Paragraph II of Article VII" and inserting in lieu thereof the following: "Sub-paragraph 7-A of Paragraph I of Section II of Article VII".
Mr. Groover of Bibb moved that the House agree to the Senate amendment to HB 16.
On the motion to agree to the Senate amendment, the ayes were 1-22, nays 0.
The Senate amendment was agreed to.
480
JOURNAL OP THE HOUSE,
By unanimous consent, the following Committee Reports were submitted and read:
Mr. Clary of McDuffie County, Acting Chairman of the Committee on Game and Pish, submitted the following report:
Mr. Speaker: Your Committee on Game and Pish has had under consideration the fol
lowing Bills of the House and has instructed me as Acting Chairman, to report the same back to the House with the following recommendations:
HB 112. Do Pass.
HB 286. Do Pass, as amended.
HB 313. Do Pass.
HB 113. Do Pass, as amended.
Respectfully submitted, Clary of McDuffie,
Acting Chairman.
Mr. Barber of Colquitt County, Chairman of the Committee on Special Ap propriations, submitted the following report:
Mr. Speaker:
Your Committee on Special Appropriations has had under consideration the following Resolutions, of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 95-26H. Do Pass.
HR 46-129b. Do Pass.
HR 19- 64d. Do Pass. HR 66-200a. Do Pass.
Respectfully submitted,
Barber of Colquitt,
Chairman.
By unanimous consent, the following Bills and Resolutions of the House, favorably reported, were read the second time:
HB 112. By Mr. Groover of Bibb:
A Bill to be entitled an Act to amend an Act relating to the Game and Fish Commission and to game and fish; relating to salaries of Com mission employees and wildlife rangers, and for other purposes.
HB 113. By Mr. Groover of Bibb:
A Bill to be entitled an Act to amend an Act relating to the Game and Fish Commission and to Game and Fish, and for other purposes.
MONDAY, JANUARY 30, 1956
481
HB 286. By Mr. Greene of Crisp:
A Bill to be entitled an Act to amend an Act comprehensively and exhaustively superseding and revising the laws relating to the Game and Fish Commission and to Game and Fish, and for other purposes.
HB 313. By Messrs. Cowart of Calhoun, Phillips of Walton, Denson of Dougherty, Cocke of Terrell and Wheeler of Seminole:
A Bill to be entitled an Act to repeal an Act relating to fishing on Sunday; and for other purposes.
HE 19-64d. By Mr. Green of Rabun:
A Resolution to compensate Mr. Carlton Coleman and Mrs. Evelyn Law Thomas of Rabun County for damages to their automobile, and for other purposes.
HR 46-129K By Mr. Lowe of Oglethorpe: A Resolution to compensate W. W. Armistead; and for other purposes.
HR 66-200a. By Messrs. Cornelius and McKelvey of Polk:
A Resolution to compensate George B. Stoffragen for damages to his 1955 Chevrolet automobile as a result of a collision with a truck owned and operated by the State Highway Department, and for other purposes.
HR 95-261i. By Mr. Barber of Jackson:
A Resolution to compensate the Jackson Electric Membership Coopera tive for damages to electric transmission lines; and for other purposes.
By unanimous consent, the following Bill of the House was taken up for consideration, and read the third time: .
HB 303. By Messrs. Watson and Denson of Dougherty:
A Bill to be entitled an Act to amend an Act consolidating the office of Tax Receiver and the office of Tax Collector of Dougherty County into one 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 103, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the House and Senate to wit:
482
JOURNAL OF THE HOUSE,
SB 59. By Senator McDonald of the 43rd:
A Bill to amend, consolidate and supersede an Act incorporating the :City of Dalton and the several Acts amendatory thereof; to create and establish a new charter for the City of Dalton; and for other purposes.
SB 65. By Senator Millican of the 52nd:
A Bill to amend the "Voters' Registration Act" so as to provide for places of registration of voters in certain counties; and for other pur poses.
SB 68. By Senator Millican of the 52nd:
;
A Bill to amend Section 34-1904 of the 1933 Code of Georgia providing for ballots in elections other than primary elections, by adding a pro viso applicable to municipal elections in cities having a population of more than 300,000 according to the last or any future Federal decennial census, so as to regulate the time and manner of qualifications of candi dates; and for other purposes.
SB 82. By Senator Page of the 1st:
A Bill to create a Civil Service System for Chatham County; to provide for the establishment of a Civil Service Board; and for: other purposes.
HB 32. By Mr. Garrard of Wilkes:
A Bill to grant a new charter to the Town of Tignall; and for other purposes.
HB 70. By Messrs. Sognier, Cheatham and Eyler of Chatham:
A Bill to amend the Juvenile Court Act by providing for juvenile courts
and judges thereof in counties with a certain population; and for other
purposes.
,
HR 30. By Mr. Dean of Roekdale: i
;
A Resolution authorising and directing the state librarian to furnish certain law books to the county commissioner of Rockdale Court for the use of the Judge of- Superior Court of Rockdale County; and for other purposes.
HR 49. By Mr. Fain of Franklin:
;
A Resolution authorizing the state librarian to furnish certain law books to the clerk of the 'Superior Court of Franklin County'; and for other purposes.
HB 72. By Messrs. Sognier, Cheatham and Eyler of Chatham:
A Bill to amend Section 27-2703 of the 1933 Code of Georgia relating to the appointment of probation officers, volunteers and assistants; and for other purposes.
MONDAY, JANUARY 30, 1956
483
HB 92. By Messrs. M. Smith, H. Smith and Lokey of Fulton:
A Bill to amend an Act abolishing the fee system in the Superior Court of the Atlanta Judicial Circuit as applied to the office of the SolicitorGeneral of'said circuit; by creating the positions of trial assistant solicitors-general; and for other purposes.
HB 93. By Messrs. Watson and Denson of Dougherty:
A Bill to amend an Act creating a new charter for the City of Albany, so as to provide that the voting age for voters in city elections shall be 18 years; and for other purposes.
HB 107. By Messrs. Young, Pickard and Nilan of Muscogee:
A Bill to provide for the hours of holding elections in certain counties; and for other purposes.
HB 126. By Mr. Black of Webster:
A Bill to provide for the terms of court of the Webster County Superior Court; and for other purposes.
HB 159. By Mr. Moate of Hancock:
A Bill to consolidate the offices of Tax Receiver and Tax Collector of Hancock County into the office of Tax Commissioner of Hancock 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 95. By Mr. Martin of Banks:
A Bill to provide for the compensation for the Sheriff of Banks County; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bills of the Senate to wit:
SB 41. By Senators Harrison of the 17th, Jones of the 18th and Jones of the 23rd:
To be entitled an Act to amend an Act entitled "An Act to incorporate the Baptist Church at Buck Head in the county of Burke"; and for other purposes.
SB 75. By Senators Harden of the 27th, Shurling of the 21st, Dykes of the 14th, Coffin of the llth, Dean of the 40th and many others:
A Bill to be entitled an Act to fix the domicile of corporations engaged in publishing newspapers, magazines and other periodicals; to fix the venue of actions in tort against such corporations; and for other purposes.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:
484
JOURNAL OF THE HOUSE,
SB 41. By Senators Harrison of the 17th, Jones of the 18th and Jones of the 23rd:
A Bill to be entitled an. Act to amend an Act entitled An Act to in corporate the Baptist Church at Buck Head, in the County of Burke, and for other purposes.
Eeferred to the Committee on Counties and County Matters.
SB 59. By Senator McDonald of the 43fd:
A Bill to be entitled an Act to amend, consolidate and supersede an Act amending and codifying the various Acts incorporating the City of Dalton and for other purposes.
Referred to the Committee on Municipal Government.
SB 65. By Senator Millican of the 52nd and Senator Turner of the 34th:
A Bill to be entitled an Act to amend an Act known as the Voters Registration Act; to provide for places of registration of voters in certain counties, and for other purposes.
Referred to the Committee on Municipal Government.
SB 68. By Senator Millican of the 52nd:
A Bill to; be entitled an Act to amend an Act providing for ballots in elections other than primary elections, by adding a proviso applicable to municipal elections in certain cities; and for other purposes.
Referred to the Committee on Municipal Government.
SB 75. By Senators Harden of the 27th, Shurling of the 21st and others:
A Bill to be entitled an Act to fix the domicile of corporations engaged in publishing newspapers, magazines and other periodicals; to fix the venue of actions in tort against such corporations; and for other pur poses.
Referred to the Committee on State of Republic.
SB 82. By Senator Page of the 1st:
A Bill to be entitled an Act to create a Civil Service System for Chatham County; and for dther purposes.
Referred to the Committee on Counties and County Matters.
Under the regular order of business, the following Bills of the House were taken up for consideration and read the third time:
HB 127. By Messrs. Moate of Hancock, Willingham of Cobb, and Groover of Bibb:
A Bill to be entitled an Act to amend an Act known as the Vocational Rehabilitation Act; and for other purposes.
The previous question was ordered.
i
MONDAY, JANUARY 30, 1956
485
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 202. By Messrs. Groover of Bibb, Twitty of Mitchell, Ray of Warren, and Petty of Pulaski:
A Bill to be entitled an Act to amend an Act creating the office of Solicitor General Emeritus and creating the Solicitors General Retire ment Fund of Georgia; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The following Resolution of the House was read and referred to the Com mittee on State of Republic:
HR 135. By Mr. Bagby of Paulding:
A Resolution authorizing the Speaker of the House to appoint a special committee to investigate the alleged soliciting of funds to create a slush fund for the purpose of defeating non-existent legislation in the General Assembly of Georgia; and for other purposes.
Mr. Bagby of Paulding rose to a Point of Personal Privilege and addressed the House.
Under the regular order of business, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:
HB 298. By Mr. Fowler of Douglas and Groover of Bibb:
A Bill to be entitled an Act to amend Code Section 84-702, relating to the Board of Dental Examiners of Georgia, as amended; and for other purposes.
The previous question was ordered.
The main question was ordered.
486
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 Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Ayers Barber of Colquitt Barber of Jackson Barker Baughman Birdsong Blackburn Bloodworth Brannen Brown Callier Carlisle Cason Chambers Chastain Cheatham Cheek Clary Cloud Coker of Cherokee Cornelius Cowart Coxwell Dean of Rockdale Deen of Bacon Denmark Denson Dozier Drinkard Duke Elder Fordham Fowler of Douglas Freeman Garrard Gilleland Gillis Green of Rabun Greene of Crisp Grimsley Groover Gross of Dade
Gunter Hall
Hardaway Henderson Hodges Hogan Holley Hudson Ivey Jessup Johnson of Jenkins Jones of Laurens Jordan Kennedy of Tattnall Killian Killingsworth King of Pike Lam Land Larkins Lavender Lindsey Lokey Mallory Mashburn Massee Matheson of Hart Mathis of Lowndes Matthews McCracken McGarity McKelvey McKenna McWhorter Mobley Moore Moorman Mull Murphey of Crawford Murr Musgrove Nightingale Nilan Odom Palmer Parker Pelham Perkins
Peters Pettey Phillips of Walton Potts Ramsey Raulerson Ray Reed Register Rodgers Roughton Rutland Sanders Scoggin Sheffield Short Singer Sivell Smith of Evans Smith of Emanuel Hoke Smith of Fulton M, M. Smith of Fulton Sognier Souter Stewart Strickland Stripling Tamplin Terrell Truelove Turk Twitty Underwood of Bartow Underwood of
Montgomery Upshaw Veal Wheeler Williams Willingham Wilson of Towns Wilson of Peach Wooten Wright
MONDAY, JANUARY 30, 1956
487
Those voting in the negative were Messrs:
Bagby Black Fain Gross of Stephens
Huddleston Jackson Kitchens Martin
Stevens Todd Willis Young
On the passage of the Bill, the ayes were 135, nays 12.
The Bill, having, received the requisite constitutional majority, was passed.
The Bill was ordered immediately transmitted to the Senate.
HR 18-64c. By Mr. Green of Rabun:
A Resolution to designate a bridge across U. S. Highway 23 or 441 at the city limits of Dillard, Georgia, as the Dr. Lester Neville Bridge; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 110, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
SB 5. By Senator Overby of the 33rd:
A Bill to be entitled an Act to authorize the State, or any county, municipal corporation or other political subdivision thereof to sell, lease, grant, exchange or otherwise dispose of any parks, playgrounds, golf courses, swimming pools, or other property which has been dedicated to a public use for any purpose, or which has been dedicated to such a use by any private person or corporation and later acquired by the State, or any county, municipal corporation or other political subdivision thereof; and for other purposes.
The following amendments to SB 5 were read and adopted:
Mr. Freeman of Monroe moves to amend SB 5 by adding in the ap propriate place the following: "All State property required to be advertised under this Bill shall also be advertised in two additional newspapers of general circulation in this State.
Mr. Twitty of Mitchell moves to amend HB 5 by adding a new paragraph to be appropriately numbered as follows:
Provided however that the selling or disposing authority shall have the right to reject all bids in the event the high bid shall prove un-
488
JOURNAL OP THE HOUSE,
satisfactory for any reason and said property, shall then be readvertised and disposed of under the provisions above set out".
Messrs. Smith of Emanuel and Twitty of Mitchell moves to amend SB 5, by adding a new section to be appropriately numbered as follows:
"Provided however that any lease under this Act shall be for a period not to exceed 5 years."
Mr. Groover of Bibb moves to amend SB 5 as follows:
By striking Section 1 thereof in the 7th line the words "said City", and by substituting in lieu thereof the words: "The State, County, City, or other political subdivision thereof."
Mr. Groover of Bibb moves to amend SB 5 in the following respects:
1. By striking the words "any purpose" in line 6 of the caption and inserting in lieu thereof the words "recreational or park purposes."
2. By striking the words "any purpose" in line 7 of Section 1 and inserting in lieu thereof the words "recreational or park purposes."
3. By striking the words "any purpose" in line 8 of Section 1 and inserting in lieu thereof the words "recreational or park purposes."
Mr. Watson of Dougherty moves to amend SB 5 by adding a new section thereto to be appropriately numbered and to read as follows:
"Any sale, lease, grant, exchange or other disposal of any property under the provisions of this Act shall be made only after advertising such sale in the newspaper in .which Sheriff's advertisements are published for the county in which the land to be disposed of lies, once a week for four weeks. Such advertisements shall describe the property, shall state the manner of disposition to be made, shall specify the time and place of such disposition, and shall state that same will be made to the highest bidder. In the event the property to be sold shall lie in more than one county, such advertisement shall be run once a week for four weeks in the newspapers in which sheriff's advertisements are published for all such counties. All sales and other dispositions made under the provisions of this Act shallbe made to the highest and best bidder-for cash after advertisement as herein provided." '
The previous question was ordered.
The main question was ordered.
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 132, nays 1.
The Bill, having received the requisite constitutional majority, was passed,
as amended.
u
HB 110. By Messrs. Cheatham, Eyler, and Sognier of Chatham: A Bill to be entitled an Act to amend an Act to authorize and empower
MONDAY, JANUARY 30, 1956
489
County Boards of Education to condemn private property for public school purpose or to be used in connection with the public educational program of the County; and for other purposes.
The Committee on Education #1 offered the following Substitute to HB 110:
AN ACT
To authorize and empower county boards of education and certain independent and public school systems to condemn private property for public school purposes; to provide the form for such condemnation; to repeal an Act authorizing county boards of education to condemn private property for public school purposes, approved March 27, 1947 (Ga. Laws 1947, p. 1130), as amended; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
SECTION 1.
The county boards of education, the independent school systems
referred to in Article VIII, Section VII of the Constitution of 1945 and
the public school systems referred to in Article VII, Section X of the
Constitution of 1945, are hereby authorized and empowered to take and
damage by condemnation, private property for public school purposes,
either for public school building sites, playgrounds, athletic fields, or
other purposes, in connection with the common schools, high schools or
any public educational program which is now or may be hereafter
authorized by law.
.1
SECTION 2.
Condemnation proceedings by such boards and systems shall take the form provided in Chapters 36-1 through 36-6 of the Code of Georgia of 1933, as amended, or the form provided in Chapter 36-11 of the Code of Georgia of 1933, as amended.
SECTION 3.
An Act entitled "An Act to authorize and empower County Boards of Education to condemn private property for public school purposes or to be used in connection with the public educational program of the County; to provide for the approval by the State Board of Education of any property or site sought to be condemned before proceedings are instituted; to provide how such proceedings shall be brought; and for other purposes.", approved March 27, 1947 (Ga. Laws 1947, p. 1130), as amended, is hereby repealed in its entirety.
SECTION 4.
All laws and parts of laws in conflict with this Act are hereby repealed.
The substitute was adopted.
The previous question was ordered.
490
JOURNAL OF THE HOUSE,
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 206. By Mr. Strickland of Toombs:
A Bill to be entitled an Act to amend Code Section 50-107, relating to the return day of the writ of habeas corpus, so as to change the return day; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 118, nays 3.
The Bill, having received the requisite constitutional majority, was passed.
SB 43. By Senator Overby of the 33rd:
A Bill to be entitled an Act to approve an Executive Order of the Governor of July 8, 1955, suspending part of tax levied by the Act approved June 30, 1955; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 119. By Mr. Murphy of Haralson:
A Bill to be entitled an Act to be known as the "Georgia Food Act"; to define terms; to provide effective date; to amend Code Chapter 42-1 relating to foods and drugs; repeal Code Chapter 42-3 relating to corn meal and grain; and for other purposes.
MONDAY, JANUARY 30, 1956
491
The following amendment was read and adopted:
Mr. Murphy of Haralson moves to amend HB 119 by adding at the end of paragraph (i) of Section 11 the following:
"Provided, however, that the requirements of clause (2) of this paragraph shall not apply to any carbonated beverage, the ingredi ents of which have been fully and correctly disclosed, to the extent prescribed by said clause (2), to the Commissioner in an affidavit."
so that paragraph (i) of Section 11 shall read:
"(i) If it is not subject to the provisions of paragraph (g) of this section, unless it bears labeling clearly giving (1) the com mon or usual name of the food, if any there be, and (2) in case it is fabricated from two or more ingredients, the common or usual name of each such ingredient; except that spices, flavorings, and colorings, other than those sold as such, may be designated as spices, flavorings, and colorings, without naming each: Provided, that to the extent that compliance with the requirements of clause (2) of this paragraph is impractical or results in deception or unfair com petition, exemptions shall be established by regulations promul gated by the Commissioner. Provided, however, that the require ments of clause (2), of this paragraph shall not apply to any carbonated beverage, the ingredients of which have been fully and correctly disclosed, to the extent prescribed by said clause (2), to the Commissioner in an affidavit."
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
SB 24. By Senators Dean of the 40th and Matthews of the 47th:
A Bill to be entitled an Act to amend an Act regulating and governing the feeding of garbage to livestock and regulating and governing the rendering of the carcasses of dead domestic animals; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 0.
492
JOURNAL OF THE HOUSE,
The Bill, having received the requisite constitutional majority, was passed.
HB 103. By Messrs. Groover of Bibb and Twitty of Mitchell:
A Bill to be entitled an Act to amend the Code so as to redefine con centrated commercial feeding stuff, and for other purposes.
The following Committee amendment was read and adopted:
Mr. Mauldin of Gordon moves to amend HB 103 by striking Section 2 and in lieu thereof inserting the following:
"Section 2. Said Code Chapter, as amended, is further amend ed by adding at the end of Code Section 42-205, relating to in spection fees, the following:
'Provided further, that the provisions of this Chapter shall apply to all commercial feeding stuffs furnished, supplied or used for the growing or feeding under contract or agreement of live stock, domestic animals and poultry, and shall also apply to any feeding stuffs which are produced by the purchase of grain or other materials and the mixing of same with a concentrated com mercial feeding stuff used as a base. If the concentrated commer cial feeding stuff used as a supplement or base has already been taxed under this Act and the inspection tax paid, then the amount paid shall be deducted from the gross amount of the tax due on the total feeding stuff produced; and provided further, that any per son, firm or corporation producing or purchasing his or its own grain or other material and grinding or mixing same with a con centrated commercial feeding stuff as a supplement or base for the purpose of feeding his or its own livestock, domestic animals or poultry, shall not be subject to the inspection tax provided herein for mixtures of feeding stuff. Provided, that such exemption shall not be applicable to feed furnished, supplied or used for the grow ing or feeding of livestock, domestic animals or poultry under con tract, lease or agreement.'
so that Code Section 42-205, as so amended, shall read:
'42-205. Each manufacturer, manipulator, importer, jobber, agent, or seller of any concentrated commercial feeding stuffs, shall pay to the Commissioner of Agriculture an inspection tax of 20 cents per ton for each ton of such concentrated feeding stuffs sold or offered or exposed for sale, and unless using the reporting system, shall affix to each car shipped in bulk, and to each bag, barrel, or other package of such concentrated feeding stuff, a stamp to be furnished by the Commissioner of Agriculture indi cating that all charges specified in this section have been paid. The inspection tax on cottonseed meal shall be 10 cents per ton. The inspection tax shall not apply to cotton seed hulls, hays and straws, whole seeds and grains and seeds not mixed with other substances, but sold separately as distinct articles of commerce. Should any such material otherwise exempt be mixed or adulterated with any substance for the purpose of sale, the package in which it is contained, or in which it is offered for sale, shall have plainly marked or indicated thereon the true composition of the mixture or the character of the adulteration. The Commissioner of Agri-
MONDAY, JANUARY 30, 1956
493
culture shall prescribe the form and denomination of such tax stamps. Whenever a manufacturer, importer, or jobber of a con centrated feeding stuff shall have filed the statement named in section 42-202, and paid the inspection tax, no agent or seller for said manufacturer, importer, or jobber shall be required to file such statement or pay such tax. Provided, further, that the pro visions of this Chapter shall apply to all commercial feeding stuffs furnished, supplied or used for the growing or feeding under contract or agreement of livestock, domestic animals or poultry, and shall also apply to any feeding stuffs which are produced by the purchase of grain or other materials and the mixing, of same with a concentrated commercial feeding stuff used as a base. If the concentrated commercial feeding stuff used as a supplement or base has already been taxed under this Act and the inspection tax paid, then the amount paid shall be deducted from the gross amount of the tax due on the total feeding stuff produced; and provided further, that any person, firm or corporation producing or purchasing his or its own grain or other material and grinding or mixing same with a concentrated commercial feeding stuff as a supplement or base for the purpose of feeding his or its own livestock, domestic animals or poultry, shall not be subject to the inspection tax provided herein for mixtures of feeding stuff. Pro vided, that such exemption shall not be applicable to feed furnished, supplied or used for the growing or feeding of livestock, domestic animals or poultry under contract, lease or agreement."
The previous question was ordered.
:
The main question was ordered.
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 roll was called and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien
Bagby Barber of Colquitt Barber of Jackson Barker Baughman Birdsong Black Blackburn Blalock Brannen Brown Caldwell Callier Campbell
Carlisle Cason
Gates Chambers Chastain Cheatham Cheek Clary Cocke Coker of Cherokee Coker of Walker Cowart Coxwell Deal Dean of Rockdale Denmark
Drinkard Duke
Fain Floyd Fordham Foster Fowler of Tift Freeman Frier Garrard Gilleland Gillis Groover Gross of Stephens Gross of Dade Hardaway
494
JOURNAL OF THE HOUSE,
Harrell Harrison of Wayne Hodges Hogan Holley Houston Huddleston Hudson Hurst Jackson Johnson of Jenkins Johnson of Gilmer Jones of Lumpkin Kelley
Kennedy of Tattnall Kilgore Killian Killingsworth King of Whitfield King of Pike Kitchens Land Larkins Lavender Lindsey Lokey Mallory
Mashburn Matheson of Hart Mathis of Lowndes Matthews Mauldin McCracken McGarity McKenna Mincy Mobley Moore Moorman Mull Murphey of Crawford Murphy of Haralson Palmer Pelham Peters Pettey Phillips of Columbia Phillips of Walton Potts Ramsey Ray Reed Register Roughton
Russell Rutland Sanders Sheffield Short Smith of Evans Smith of Emanuel Sognier Souter Stephens of Clarke Stewart Stripling Todd Truelove Turk Twitty Underwood of Bartow Underwood of
Montgomery Upshaw Veal Wheeler Willingham Willis Wilson Of Towns Wilson of Peach Young
Those voting in the negative were Messrs:
Ayers Denson Elder Fowler of Douglas Greene of Crisp
Grimsley Gunter Henderson
Hendrix Lam Mackay Martin Murr Musgrove Parker Raulerson
Rodgers Ruark Sivell Strickland Tanner Watson Williams Wooten
On the passage of the Bill, as amended, the ayes were 128, nays 24.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 106. By Mr. Groover of Bibb:
A Bill to be entitled an Act to amend an Act so as to provide penalties where feed or feeding stuff is found to be deficient in the guaranteed analysis of such feed, and for other purposes.
The previous question was ordered.
The main question was ordered.
MONDAY, JANUARY 30, 1956
495
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.:
Alien Ayers Barber of Colquitt Barber of Jackson Barker Birdsong Black Blackburn Blalock Brannen Brown Caldwell Campbell Carlisle Cason Gates Chambers Chastain Clary Cocke Coker of Cherokee Coker of Walker Cowart Coxwell Deal Dean of Rockdale Deen of Bacon Denmark Denson Dozier Drinkard Duke Dunean Elder Fain Floyd Flynt Fordham Foster Fowler of Douglas Fowler of Tift Freeman Garrard Gilleland Gillis Green of Rabun Greene of Crisp
Grimsley Groover Gross of Stephens Gross of Dade Gunter Hardaway Harrison of Jeff Davis Henderson Hendrix Hogan Holley Houston , Huddleston Hudson Hurst Ivey Jackson Johnson of Jenkins Johnson of Gilmer Jones of Lumpkin Jones of Laurens Jones of Sumter Jordan Kelley Kennedy of Tattnall
Key Kilgore Killian Killingsworth King of Whitfield King of Pike Kitchens Lam, Land Larkins Lavender Lindsey Lokey Mackay Martin Mashburn Matheson of Hart Mathis of Lowndes Matthews Mauldin McCracken McGarity
Mobley Moore Moorman Mull Murphey of Crawford Murphy of Haralson
Murr Musgrove Nightingale Palmer Parker 'Perkins Peters Pettey Phillips of Columbia
Phillips of Walton Potts Ramsey Raulerson Ray Reed Register Rodgers Roughton Rowland Ruark Russell Rutland Sheffield Short Singer Sivell ,, Smith of Evans Smith of Emanuel Souter Stephens of Clarke
Stewart Strickland Tamplin Tanner Tarpley Terrell Todd Truelove Turk Twitty Underwood of Bartow
496
JOURNAL OP THE HOUSE,
Underwood of Montgomery
Veal Watson
Wheeler Willingham Willis Wilson of Towns
Wilson of Peach Wooten
On the passage of the Bill, the ayes were 150, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 269. By Mr. Groover of Bibb:
A Bill to be entitled an Act to amend the Code so as to provide that liens shall be created in favor of registered land surveyors, and for other purposes.
The following amendment was read and adopted:
Mr. Groover of Bibb moves to amend HB 269 by adding the follow ing after the fourth paragraph of subsection (b) of Section 1 thereof: "provided further that with respect to the lien for architectural services furnished, registered land surveying furnished or registered profes sional engineering services furnished the lien shall become effective against third parties without notice thereof, only after notice thereof shall have been filed for record as provided in this Act." And by adding the same language after the last word of said Section 2 as a part of the quoted paragraph.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 105, nays 1.
The bill, having received the requisite constitutional majority, was passed, as amended.
HR 48-129d. By Messrs. Moate of Hancock, Willingham of Cobb, and Groover of Bibb:
A Resolution authorizing the State Revenue Commissioner to receive amended returns for the first taxable year ending on or after 2/15/52 on or before June 30, 1956, and for other purposes.
The previous question was ordered.
The main question was ordered.
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.
MONDAY, JANUARY 30, 1956
497
HB 141. By Messrs. Duke and Massee of Baldwin and Jackson of Jones.
A Bill to be entitled an Act to amend an Act relating to the restoration to sanity of insane persons, and for other purposes.
The following amendment was read and adopted:
Mr. Veal of Putnam moves to amend HB 141 by striking the word "residence" at the end of the 4th line in Section IB, in Section 2, and inserting in lieu thereof the word "commitment"; and by striking the word "residence" at the end of the next to the last line in said Section IB, under Section 2, and inserting in lieu thereof the word "commit ment".
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 106, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
SB 19. By Senators Matthews of the 47th and Dean of the 40th:
A Bill to be entitled an Act to amend an Act so as to provide that the Commissioner of Agriculture shall be authorized to regulate the sale of cull produce, and for other purposes.
The following amendment was read and adopted:
Mr. Wilson of Peach moves to amend SB 19 by adding at the end of Section 1 thereof, the following: "The provisions of this Act shall not apply to peaches."
The previous question was ordered.
The main question was ordered.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 142. By Messrs. Duke and Massee of Baldwin and Jackson of Jones:
A Bill to be entitled an Act to amend the Code so as to provide that no person may be committed to Milledgeville State Hospital until at least three (3) days after the application for the appointment of such commission is filed with the Ordinary, and for other purposes.
498
JOURNAL OP THE HOUSE,
The following amendment was read and adopted:
Mr. Duke of Baldwin moves to amend HB 142 by inserting between the word "attorney" and beginning of parentheses the following words in line .... page 2 of said Act: "or some attorney of the county appointed by said county attorney." And to amend further by changing the word "an" to "or" between the words "attorney," and "attorney" in line .,.., page 2 of said Act.
The previous question was ordered.
The main question was ordered.
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. Duke of Baldwin moved the ayes and nays, and the call was sustained.
The roll was called and the vote was as follows:
Those voting in the affirmative were Messrs.:
Ayers Bagby Barker
Bentley Blackburn Brannen Brown
Carlisle Cason
Gates Chambers Cheatham Coker of Cherokee Cornelius Cotton Cowart Coxwell
Deal Dean of Rockdale Deen of Bacon
Denson Duke
Duncan Fain Ployd
Flynt Fordham Fowler of Tift
Frier Gilleland Greeii of Rabun Greene of Crisp
Grimsley
Groover Gross of Stephens Gross of Dade Gunter Hall Hardaway
Hawkins Henderson Hodges Hogan Holley Ivey Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Lumpkin Jones of Laurens Kennedy of Tattnall Key Kilgore Killian King of Pike Kitchens Land Larkins
Lindsey Mackay Martin Mashburn
Massee
Matheson of Hart Mathis of Lowndes Matthews ... Mauldin McCracken McKelvey McKenna
McWhorter Mobley Moore Mull Murphey of Crawford Murr Nilan Palmer Peters Pettey Phillips of Columbia Phillips of Walton Potts
Ramsey Register Rodgers Ruark Rutland Sanders Smith of Evans Sognier Stephens of Clarke Strickland Stripling Twitty
MONDAY, JANUARY 30, 1956
Underwood of Montgomery
Veal
Watson Williams Wilson of Peach
Wright Young
Those voting in the negative were Messrs.:
Birdsong Black Caldwell Campbell Chastain Clary Coker of Walker Elder Freeman Garrard Gillis Hayes Hendrix
Houston Hudson Hurst Kelley King' of Whitfield Lam Lokey Mallory Moorman Murphy of Haralson Parker Peacock Perkins
Ray Roughton
Russell Sivell Stewart Tanner
Tarpley Todd Turk Underwood of : Bartow Upshaw Willis Wilson of Towns
On the passage of the Bill, as amended, the ayes were 103, nays 39.
The Bill, having received the requisite constitutional majority, was passed, as amended.
SB 9. By Senator Overby of the 33rd:
A Bill to be entitled an Act to amend an Act so as to provide for the compensation of the Secretary of the Board of Commissioners of the Department of Commerce, and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 103, nays 3.
The Bill, having received the requisite constitutional majority, was passed.
SB 27. By Senators Dean of the 40th, Matthews of the 47th and Chance of the 51st:
A Bill to be entitled an Act to provide that all meat and meat products offered for sale shall be by net weight, and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
goo
JOURNAL OF THE HOUSE,
On the passage of the Bill, Mr. McGarity of Henry moved the ayes and nays
and the call was sustained.
The roll was called and the vote was as follows:
Those voting in the affirmative were Messrs.:
Bagby
Barber of Jackson
Barker
Bentley
Birdsong
Black
Blackburn
Blalock
Brannen
Campbell
,
Carlisle
Gates
Chastain
Cheatham
Clary
'
Coker of Cherokee
Coker of Walker
Cornelius
Cotton
Cowart
Coxwell
Deal
Dean of Roekdale
Deen of Bacon
Denmark
Denson
Duke
Duncan
Elder
Fain
Floyd
Fordham
Foster
Fowler of Douglas
Fowler of Tift
Frier
Garrard
Gillis
Green of Rabun
Greene of Crisp
Grimsley
Groover
Gross of Stephens
Gross of Dade . .
Hardaway
Harrell
Harrison of Jeff Davis
Hawkins
Hodges
Houston
Huddleston
Hurst .
;
Ivey
Jessup
Johnson of Jenkins
Johnson of Gilmer
Jordan
Kelley
Kennedy of Tattnall
Key
Kilgore
Killian
King of Whitfield
King of Chattahooehee
Kitchens Lam
Land Lindsey Lowe Mackay Mallory Martin Mashburn Massee Matheson of Hart Mathis of Lowndes Matthews Mauldin McCracken McGarity McKelvey McWhorter Mobley Moore Moorman Mull
Murphey of Crawford
Murphy of Haralson
Nilan
Palmer
,
Peacock
Peters
Pettey
Phillips of Columbia
Phillips of Walton
Potts
Ramsey
Ray
Register
Rodgers
Roughton
Rowland
Rutland
Scoggin
Sivell
Smith of Evans
Smith of Emanuel
Sognier
Stephens of Clarke
Stewart
Strickland
Stripling
Tamplin
Todd
Turk
Twitty
Underwood of Bartow
Underwood of
Montgomery
Upshaw
Watson
Wheeler
Willingham
Wilson of Towns
Wilson of Peach
Wright
Young
Those voting in the negative were Messrs.:
Ayers Caldwell Cloud
Hayes Hendrix Hogan
Hudson Jackson Jones of Laurens
MONDAY, JANUARY 30, 1956
501
King of Pike Murr Musgrove Parker
Perkins Raulerson Ruark Tanner
Tarpley Veal
On the passage of the Bill, the ayes were 126, nays 19.
The Bill, having received the requisite constitutional majority, was passed.
SB 22. By Senators Dean of the 40th, Matthews of the 47th and Chance of the 51st: A Bill to be entitled an Act to amend an Act so as to provide for the storage, shipment and possession of hog cholera virus in this State for interstate shipment, and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 113, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 122. By Messrs. Lanier of Candler and Smith of Evans: A Bill to be entitled an Act to amend the Code so as to provide that the Commissioner of Agriculture shall determine the compensation of certain veterinary surgeons, and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 113, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 100. By Mr. Underwood of Montgomery: A Bill to be entitled an Act to amend an Act so as to permit the use of certain drugs in mixed feeds, and for other purposes.
The previous question was ordered.
The main question was ordered.
502
JOURNAL OF THE HOUSE,
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 84. By Mr. Strickland of Toombs:
A Bill to be entitled an Act to amend the Code so as to provide that each finding of a grand jury shall require the concurring vote of at least 12 members of that grand jury, and for other purposes.
The following amendment was read and adopted:
Mr. Freeman of Monroe moves to amend HB 84 by striking the last sentence and inserting: "Each true bill for a criminal offense shall re quire a concurring affirmative vote of 12 members, which fact shall appear on said indictment."
The previous question was ordered.
The main question was ordered.
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. Strickland of Toombs moved the ayes and nays, and the call was sustained.
The roll was called and the vote was as follows:
Those voting in the affirmative were Messrs.:
Barber of Jackson Blackburn Blalock Brown Cheatham
Cotton Cowart Coxwell Deal Denmark Elder Fordham Foster Fowler of Douglas Freeman
Frier Garrard
Gilleland Green of Rabun Greene of Crisp
Groover
Land
Gross of Stephens
Larkins
Gross of Bade
Long
Hardaway
Mashburn
Harrison of Wayne
Matheson
Hawkins
Mathis of Lowndes
Hayes
McKenna
Hendrix
., Moorman
Hodges
Murphey of Crawford
Hogan
Murr
Hudson
Parker
Jackson
Perkins
Jessup
Peters
Johnson of Jenkins
Ramsey
Jones of Laurens
Rodgers
Key
Roughton
Kilgore
Rowland
Killian
. Short
King of Whitfield
Smith of Evans
Kitchens
Strickland
MONDAY, JANUARY 30, 1956
503
Tamplin Tanner Tarpley Todd.
Truelove Turk Twitty Veal
Watson Willingham Wilson of Towns
Those voting in the negative were Messrs.:
Ayers Bagby Barker Bentley
Birdsong Black
Callier Campbell Carlisle
Gates Chambers Chastain Cheek Clary Coker of Cherokee Coker of Walker Cornelius
Dean of Rockdale Deen of Bacon Denson Drinkard Duke Fain Floyd
Fowler of Tift Gillis
Grimsley Gunter Hall Henderson Huddleston Hurst Ivey
Johnson of Gilmer Jones of Lumpkin Jordan Lam Lindsey Mackay Mallory Martin Massee Matthews Mauldin McCracken McGarity McKelyey McWhorter
Mobley
Moore Mull Murphy of Haralson Musgrove Nightingale
Pettey Phillips of Walton Potts Raulerson Ray Register Rutland Scoggin Sivell
Stephens of Clarke Stewart Stripling Underwood of Bartow
Upshaw Williams Wilson of Peach Wright Young
On the passage of the Bill, as amended, the ayes were 71, nays 72.
The Bill having failed to receive the requisite constitutional majority, was lost.
HR 57-163f. By Messrs. Killian and Nightingale of Glynn:
A Resolution designating a portion of State Route #32 as the Harrell Highway, and for other purposes.
The previous question was ordered.
The main question was ordered.
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.
504
JOURNAL OP THE HOUSE,
HB 322. By Mr. Tarpley of Union:
A Bill to be entitled an Act to amend an Act so as to provide for the issuance of drivers' licenses after a hearing to those persons whose licenses have been revoked three times for cause, and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Motor Vehicles moves to amend HB 322 as follows: By adding at the end of Section 1 the following sentence: "Provided such hearing may not be had except upon recommendation of the presiding judge who imposed sentence in the last conviction."
The following amendment was read and adopted:
Mr. Veal of Putnam moves to strike the last sentence of Section 1 of HB 322.
Mr. Freeman of Monroe moved that the House reconsider its action in adopting the amendment offered by Mr. Veal of Putnam, and the motion to reconsider prevailed.
The amendment offered by Mr. Veal of Putnam was lost.
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the bill, as amended, Mr. Tarpley of Union moved the ayes and nays, and the call was sustained.
The roll was called and the vote was as follows:
Those voting in the affirmative were Messrs.:
Ayers
Barber of Jackson Barker Birdsong
Blackburn Blalock Brannen Brown Callier Cason
Cheek Coker of Cherokee Cotton Deal Denmark Denson Drinkard Flynt Grimsley
Groover
Gross of Stephens
Gross of Dade Gunter Hall
Hardaway Harrison of Wayne Hawkins Hendrix Houston Huddleston
Ivey Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Lumpkin Kelley Kennedy of Tattnall Key
Kilgore
Killian
King of Whitfield Lam Land
Larkins Long Martin Mashburn Matheson of Hart Matthews
McGarity McKelvey Moore Mull Murphey of Crawford Murphy of Haralson Palmer Peacock Peters
Pettey
MONDAY, JANUARY 30, 1956
505
Ramsey Roughton Rowland Ruark Rutland Short Sivell Smith of Evans
Sognier Stephens of Clarke Stevens of Marion Stewart Strickland Tamplin Tarpley Todd
Truelove Turk Williams Willingham Wilson of Towns Wright Young
Those voting in the negative were Messrs.:
Bentley Black Campbell Carlisle Gates Chambers Cheatham Clary Coker of Walker Cornelius Cowart Coxwell Deen of Bacon Duke Duncan Elder Fain Floyd Fordham
Fowler of Douglas Fowler of Tift Freeman Gilleland Green of Rabun Greene of Crisp Henderson Hodges Hogan Hudson Jones of Laurens Lindsey Mackay Mallory Massee -'-'-.
Mathis of Lowndes McCracken ; McKenna Mobley
Moorman Murr Musgrove Nightingale Parker Perkins Phillips ,of Walton Potts Raulerson Register Rodgers Sanders M. M. Smith of Fulton Stripling Tanner Twitty Upshaw Veal Watson
On the passage of the Bill, as amended, the ayes were 83, nays 57.
The Bill, having failed to receive the requisite constitutional majority, was lost.
Mr. Tarpley of Union gave notice that at the proper time he would move that the House reconsider its action in failing to pass HB 322.
The following Resolution of the House was read and adopted:
HR 136. By Messrs. Perkins of Carroll, Willis of Thomas, and others:
A Resolution requesting the Georgia Accrediting Commission to set the ADA for an accredited high school at 60 ADA, 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.
Leaves of absence for Tuesday, January 31st, were granted Messrs. Murphy of Haralson and Cocke of Terrell.
The Speaker announced the House adjourned until 10:00 o'clock tomorrow morning.
506
JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia. Tuesday, January 31, 1956.
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 Alien Ayers Barber of Colquitt Barber of Jackson Barker Baughman Bentley Birdsong Black Brannen Brown Caldwell Callier Carlisle Cason Gates Chambers Cheatham Cheek Clary Cloud Cocke Coker of Cherokee Cotton Cowart Coxwell
Deal Dean of Rockdale Been of Bacon Denmark Dozier Duke Edenfield Elder English Eyler Fain Floyd Flynt Fordham Foster Fowler of Douglas Freeman Frier
Garrard Gilleland Gillis Green of Rabun Grimsley Groover Gross of Dade Gunter Hall Harrison of Jeff Davis Harrison of Wayne Hawkins Hayes Henderson Hendrix Hodges Hogan Holley Huddleston Hudson 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 Killingsworth King of Pike Kitchens Lam Land Lanier Larkins Lindsey Lokey Long
Lowe Mallory Martin Matheson of Hart Mathis of Lowndes Matthews McCracken McGarity McKenna Mincy Mobley Moore Moorman Mull Murphey of Crawford Murphy of Haralson Murr Musgrove Nightingale Nilan Odom Palmer Parker Peacock Pelham Peters Pettey Phillips of Columbia Phillips of Walton Pickard Potts Ramsey Raulerson Ray Register Roughton Ruark Russell Rutland
Sanders Scoggin Short Singer Sivell Smith of Evans Smith of Emanuel
TUESDAY, JANUARY 31, 1956
507
Hoke Smith of Fulton M. M. Smith of Fulton Sognier Souter Stephens of Clarke Stevens of Marion Stewart Strickland Stripling Tamplin
Tanner Terrell Todd Truelove Turk Twitty Underwood of Bartow Underwood of
Montgomery Upshaw
Veal Watson Weems Wheeler Williams Willis Wilson of Towns Wilson of Peach Wooten Wright
Those not answering the roll call were Messrs.:
Bagby Blackburn Blalock Bloodworth Bodenhamer Bolton Campbell Chastain Coker of Walker Cornelius Denson Drinkard Duncan Fowler of Tift
Greene of Crisp Gross of Stephens Hardaway Harrell Houston Hurst Kennedy of Turner King of Whitfield King of Chattahoochee Lavender Love Mackay Mashburn Massee
Mauldin McKelvey McWhorter Perkins Reed Rodgers Rowland Sheffield Tarpley Willingham Young Mr. Speaker
(Moate)
Mr. Veal of Putnam, Acting Chairman of the Committee on Journals re ported 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 and 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.
Mr. Alien of Bulloch asked unanimous consent that the following Bill of
508
JOURNAL OF THE HOUSE,
the House be withdrawn from the Comnlittee on Municipal Government, read the second time and recommitted:
HB 331. By Messrs. Fordham and Alien of Bulloch:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Statesboro; and for other purposes.
The request was granted, and the Bill was withdrawn, read the second time and recommitted.
By unanimous consent, the following Bills and Resolutions of the House were read the first time and referred to the Committees:
HB 359. By Messrs. Fowler of Douglas, Moate of Hancock and Groover of Bibb:
A Bill to be entitled an Act to permit a sheriff of any county in the State to delegate to the Tax Collector or Tax Commissioner of such county, the power and authority to levy and conduct judicial sales in the manner now provided by law for sales by Sheriffs, such authority to apply only to Tax fi fas. issued by such Tax Collector or Tax Com missioner; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 360. By Mr. Underwood of Montgomery:
A Bill to be entitled an Act to amend an Act entitled "An Act to in corporate the Town of Ailey", and for other purposes.
Referred to the Committee on Municipal Government.
HB 361. By Messrs. Hall, Scoggin and Wright of Floyd:
A Bill to be entitled an Act to amend an Act relating to compensation of members of County Board of Education, so as to authorize the General Assembly to provide by local Act for the compensation of such members; and for other purposes.
Referred to the Committee on Education #1.
HB 362. By Mr. Underwood of Montgomery:
A Bill to be entitled an Act to amend an Act creating a new charter for the town of Mt. Vernon, and for other purposes.
Referred to the Committee on Municipal Government.
HB 363. By Messrs. Groover of Bibb and Lavender of Elbert:
A Bill to be entitled an Act to amend an Act relating to the definition of Optometry by providing a new definition therefor; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
TUESDAY, JANUARY 31, 1956
509
HB 364. By Messrs. Gunter and Williams of Hall:
','. A Bill to be entitled an Act to amend the Charter of the City of Gainesville by defining and establishing the corporate limits, granting right of eminent domain, the right to operate a water plant, and for other purposes.
Referred to the Committee on Municipal Government.
HB 365. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to permit a sheriff of any county having a population in excess of 12,000 but no more than 12,200, to delegate to the Tax collector or tax commissioner of such county, the power and authority to levy and conduct judicial sales in the manner now pro vided by law for sales by sheriffs, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 366. By Messrs. Hall of Floyd, Moate of Hancock, Floyd of Chattooga, Henderson of Atkinson, Smith of Emanuel and many others:
A Bill to be entitled an Act to amend an Act establishing a retirement system for certain teachers in the public and State supported schools, and for other purposes.
Referred to the Committee on Education #2.
HB 367. By Messrs. Hall, Scoggin and Wright of Floyd:
A Bill to be entitled an Act to amend an Act entitled An Act to authorize and empower Floyd County by and through its Board of Commissioners of Roads and Revenue to provide, construct and/or maintain in the territory of said County outside the limits of incor porated municipalities, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 368. By Mr. Todd of Glascock:'
A Bill to be entitled an Act to consolidate the offices of Tax Receiver and Tax Collector of Glascock County into the office of Tax Commis sioner of Glascock County; and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 369. By Messrs. Hall, Scoggin and Wright of Floyd:
A Bill to be entitled an Act to provide for the compensation of the members of the County Board of Education of Floyd County; and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 370. By Mr. Dean of Rockdale:
A Bill to be entitled an Act to amend an Act incorporating the City of Conyers, and for other purposes.
Referred to the Committee on Municipal Government.
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JOURNAL OF THE HOUSE,
HB 371. By Messrs. Mathis and Register of Lowndes:
A Bill to be entitled an Act to provide for the use of voting machines, for casting, registering, recording and computing ballots or votes in all elections including primaries and municipal elections in the County of Lowndes, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 372. By Messrs. Groover of Bibb, Scoggin of Floyd, Floyd of Chattooga, Ray of Warren, Smith of Emanuel, Sheffield of Brooks and many others; ,
A Bill to be entitled an Act to govern and regulate the sale, offering for sale, possession, displaying and use of Fireworks in the State of Georgia, and for other purposes.
Referred to the Committee on General Judiciary #2.
HB 373. By Mr. Kennedy of Tattnall:
A Bill to be entitled an Act to amend an Act establishing the City Court of Reidsville, so as to provide for payment of the insolvent cost of said court, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 374. By Mr. Dean of Rockdale:
A Bill to be entitled an Act to amend the Charter of Conyers, and for other purposes.
Referred to the Committee on Municipal Government.
HB 375. By Messrs. Hall of Floyd, Tamplin of Morgan, Ray of Warren, Smith of Emanuel, Murphy of Haralson and Lowe of Oglethorpe:
A Bill to be entitled an Act to repeal an Act entitled "An Act to amend an Act and known as the Minimum Foundation Program of Edu cation 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.
Referred to the Committee on Education #1.
HB 376. By Messrs. Coker of Cherokee and Mashburn of Forsyth:
A Bill to be entitled an Act to amend an Act known as the "Georgia Post Mortem Examination Act", and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HB 377. By Messrs. Hall, Scoggin and Wright of Floyd:
A Bill to be entitled an Act to abolish the present mode of compensa-tion accruing to the office of Solicitor-General of the Rome Judicial Circuit, other than the salary paid out of the Treasury of the State, and for other purposes.
Referred to the Committee on Counties and County Matters.
TUESDAY, JANUARY 31, 1956
511
HB 378. By Messrs. Chambers, Holley and Sanders of Richmond:
A Bill to be entitled an Act to authorize the Ordinary of any county
having a population of not less than 100,000 nor more than 114,000 to
maintain microfilm records of the official organ of the County or
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 379. By Messrs. Blalock and Foster of Clayton:
A Bill to be entitled an Act to create a new Judicial Circuit for the State of Georgia, to be known as the Clayton Judicial Circuit, and for other purposes.
Referred to the Committee oh Special Judiciary.
HB 380. By Messrs. Watson and Denson of Dougherty:
A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Albany, so as to provide for retirement of municipal employees; and for other purposes.
Referred to the Committee on Municipal Government.
HB 381. By Messrs. Watson and Denson of Dougherty:
A Bill to be entitled an Act to amend an Act to provide for fire pro tection districts in Dougherty County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 382. By Messrs. Moate of Hancock, Willingham of Cobb and Groover of Bibb:
A Bill to be entitled an Act to amend the Intangible Property Tax Act of 1953, -which shall provide a procedure whereby a taxpayer who files a written protest with the tax collector or tax commissioner of a county, or his deputy, at the time of paying to him an amount claimed by such tax collector or tax commissioner or his deputy to be collectible as a tax under Section 4 of Part I of said Act, and for other purposes.
Referred to the Committee on State of Republic.
HB 383. By Messrs. Stripling of Coweta and Willingham of Cobb:
A Bill to be entitled an Act to improve and extend by reciprocal legis lation 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 #2.
HB 384. By Messrs. Moate of Hancock, Willingham of Cobb and Groover of Bibb:
A Bill to be entitled an Act to amend an Act, being a portion of the Income Tax Laws, and for other purposes.
Referred to the Committee on Ways and Means.
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JOURNAL OF THE HOUSE,
HB 385. By Mr. Sanders of Richmond:
A Bill to be entitled an Act to amend an Act to provide for the con tinued existence of the public school system of the County of Richmond, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 386. By Messrs. Sognier, Cheatham and Eyler of Chatham, Rutland, Mackay and McWhorter of DeKalb:
A Bill to be entitled an Act to amend an Act pertaining to the attend ance of witnesses and the fees therefor, so as to provide for the pay ment 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 coun ties, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 387. By Messrs. Chambers, Sanders and Holley of Richmond:
A Bill to be entitled an Act to amend an Act relating to service upon absent or non-resident defendants in civil cases by publication, how made copy of publication to be filed and personal service out of the State,, and for other purposes.
Referred to the Committee on General Judiciary $1.
HB 388. By Messrs. Mackay, Rutland and McWhorter of DeKalb:
A Bill to be entitled an Act to amend an Act entitled a Uniform Act Regulating Traffic on Highways, so as to prohibit the transportation of school children in any school bus found to be unsafe by a member of the Georgia State Patrol, and for other purposes.
Referred to the Committee on Education #2.
HB 389. By Mr. Mackay of DeKalb:
A Bill to be entitled an Act to prescribe the manner in which arms shall be borne; to prohibit the discharge of arms by private persons within or into residential areas or other areas zoned against the use of arms; and for other purposes.
Referred to the Committee on State of Republic.
..;
HB 390. By Messrs. Hall, Scoggin and Wright of Floyd:
A Bill to be entitled an Act to abolish the present mode of compensa tion accruing to the offices of Clerk of the Superior Court, Clerk of the City Court, Ordinary, Sheriff of the City Court and Sheriff of Floyd County, and for other purposes.
Referred to the Committee on Counties and County Matters.
TUESDAY, JANUARY 31, 1956
513
HB 391. By Mr. Jones of Lumpkin:
A Bill to be entitled an Act to provide for the terms of court of the Superior Court of Lumpkin County; and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 392. By Mr. Russell of Barrow:
A Bill to be entitled an Act creating a Board of Commissioners of Roads and Revenues for the County of Barrow, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 393. By Messrs. Groover of Bibb, Floyd of Chattooga, Campbell and Coker of Walker, Lowe of Oglethorpe and Sheffield of Brooks:
A Bill to be entitled an Act to amend an Act entitled "Public Safety Department Act", so as to change the amount of the fee required for the issuance of a duplicate license; and for other purposes.
Referred to the Committee on State of Republic.
HB 394. By Mr. Groover of Bibb:
A Bill to be entitled an Act to amend an Act providing for absentee voting by members of the Military, and for other purposes.
Referred to the Committee on State of Republic.
HB 395. By Messrs. Groover of Bibb, Lokey of Fulton, Stephens of Clarke and Nightingale of Glynn:
A Bill to be entitled an Act relating to the construction of certain words used in statutes in which population is used as a classification; and for other purposes.
Referred to the Committee on General Judiciary #2.
HB 396. By Mr. Roughton of Washington:
A Bill to be entitled an Act to amend an Act creating the City Court of Sandersville, Georgia and for other purposes.
Referred to the Committee on Municipal Government.
HB 397. By Messrs. Fain of Franklin, Matheson of Hart, Martin of Banks, Gross of Stephens, Perkins of Carroll, Barber of Jackson, and many others:
A Bill to be entitled an Act to provide that the Committees of the House of Representatives shall set their own quorum, but not to exceed thirty per cent of the total membership; and for other purposes.
Referred to the Committee on Rules.
HB 398. By Messrs. Groover of Bibb and Bagby of Paulding: A Bill to be entitled an Act to amend an Act relating to the amount
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of wages of a deceased employee to be paid by any railroad company or other corporation doing business in this State to the widow of minor children of such employee, so as to increase the amount, and for other purposes.
Referred to the Committee on Industrial Relations.
HB 399. By Messrs. Poster and Blalock of Clayton:
A Bill to be entitled an Act to amend an Act creating a three member Board of Commissioners of Roads and Revenues of Clayton County and for other purposes.
Referred to the Committee on Counties and County Matters.
HR 137-399a. By Mr. Kennedy of Tattnall:
A Resolution authorizing the State Board of Corrections to pay to John H. Kicklighter, Clerk of the Superior Court of Tattnall County, the sum of $657.75 as compensation, and for other purposes.
Referred to the Committee on Special Appropriations.
HR 138-399b. By Mr. Singer of Stewart:
A Resolution proposing an amendment to the Constitution so as to pro vide for the election of members of the Board of Education of Stewart County, and for other purposes.
Referred to the Committee on Amendments to Constitution #1.
HR 139-399c. By Messrs. Perkins of Carroll, Bagby of Paulding, Huddleston of Fayette, Sivell of Harris and Fain of Franklin:
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 #1.
HR 140-399d. By Messrs. Kilgore and Kelley of Gwinnett:
A Resolution proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of Gwinnett County, and for other purposes.
Referred to the Committee on Amendments to Constitution #1.
HR 141-399e. By Messrs. Coker of Cherokee and Mashburn of Forsyth:
A Resolution to authorize the Governor to sell certain land in Dawson and Forsyth Counties; and for other purposes.
Referred to the Committee on Public Property.
TUESDAY, JANUARY 31, 1956
515
HE 142-399f. By Messrs. Foster and Blalock of Clayton:
A Resolution authorizing the State Librarian to furnish to the Superior Court of Clayton County, without cost to said county, certain laws books; and for other purposes.
Referred to the Committee on Public Library.
HR 143-399g. By Messrs. Gunter and Williams of Hall:
A Resolution proposing an amendment to the Constitution to provide that the General Assembly may grant to the governing authorities of Hall County, the right to construct, grade, pave, repave and repair roads and streets, and for other purposes.
Referred to the Committee on Amendments to Constitution #1.
HB 400. By Messrs. Scoggin, Hall and Wright of Floyd, Murphy of Haralson, Floyd of Chattooga, Fowler of Douglas, Bagby of Paulding and many others:
A Bill to be entitled an Act to amend an Act relating to the additional duties of the clerk of the Superior Courts, so as to provide that the clerk of the Superior Court shall make a record of each sex criminal convicted in the county, and for other purposes.
Referred to the Committee on Special Judiciary.
HB 401. By Mr. Jones of Worth:
A Bill to be entitled an Act to amend an Act to create a new charter for the City of Sylvester, and for other purposes.
Referred to the Committee on Municipal Government.
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 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 356. Do Pass.
HB 321. Do Pass.
HB 325. Do Pass.
HB 334. Do Pass.
HB 339. Do Pass.
Respectfully submitted,
Short of Colquitt,
Chairman.
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JOURNAL OP THE HOUSE,
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 170. Do Pass. HB 263. Do Pass. SB 26. Do Pass. HB 145. Do Pass.
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 355. Do Pass. HB 203. Do Pass. HB 204. Do Pass, as amended. HB 54. Do Pass.
Respectfully submitted, Scoggin of Floyd, Chairman.
Mr. Sivell of Harris County, Chairman of the Committee on Pensions, sub mitted the following report:
Mr. Speaker:
Your Committee on Pensions has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 327. Do Pass.
HB 278. Do Pass.
Respectfully submitted,
Sivell of Harris,
Chairman.
TUESDAY, JANUARY 31, 1956
517
Mr. Callier of Talbot County, Chairman of the Committee on Public Prop erty, submitted the following report:
Mr. Speaker:
Your Committee on Public Property has had under consideration the fol lowing 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 257. Do Pass.
HR 60-163i. 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 Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HR 125-348c. Do Pass.
Respectfully submitted, Barber of Colquitt,
Chairman.
Mr. Drinkard of Lincoln County, Chairman of the Committee on State of Republic, submitted the following report:
Mr. Speaker: Your Committee on State of Republic has had under consideration the fol
lowing Bills of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 187. Do Not Pass.
HB 267. Do Pass, by substitute.
SB 75. Do Pass. Respectfully submitted,
Drinkard of Lincoln,
Chairman.
By unanimous consent, the following Bills and Resolutions of the House, favorably reported, were read the second time:
HB 54. By Mr. Jones of Laurens: A Bill to be entitled an Act to provide that any person who has been
518
JOURNAL OP THE HOUSE,
indicted for a capital felony may enter a plea of guilty at any time after his indictment, and the judge of the Superior Court having jurisdiction may, in his discretion, during term time or vacation, and without the necessity of a recommendation of mercy by a jury, sentence such person to life imprisonment, and for other purposes.
HB 145. By Messrs. Mobley and Gates of Burke, McGarity of Henry and Barber of Colquitt:
A Bill to be entitled an Act to amend an Act known as the Georgia State Warehouse Act, so as to provide a change in the bond require ment, and for other purposes.
HB 170. By Messrs. Register of Lowndes, Gillis of Treutlen, Barber of Jackson, Ray of Warren, Harrell of Grady, Been of Bacon and Clary of McDuffie, Smith of Emanuel and Raulerson of Echols:
A Bill to be entitled an Act to amend an Act entitled an Act to pro vide for certified public weighers, and for other purposes.
HB 203. By Messrs. Turk of Wilcox, Bagby of Paulding, Hayes of Coffee, Free man of Monroe and Groover of Bibb:
A Bill to be entitled an Act to amend an Act relating to the admissibility of evidence, which shall provide that no evidence procured as the result of an unlawful search, seizure or arrest shall be admissible in evidence for any purpose, and for other purposes.
HB 204. By Messrs. Turk of Wilcox, Hayes of Coffee, Freeman of Monroe and Groover of Bibb:
A Bill to be entitled an Act to amend an Act relating to the duties of Justices of the Peace, so as to require Justices of the Peace to keep a register of all search warrants issued by them, and for other purposes.
HB 257. By Mr. Lokey of Fulton:
A Bill to be entitled an Act to amend an Act relating to the time, place and manner of holding Public Sales of Property under execution, and for other purposes.
HB 263. By Messrs. Land of Wilkinson, Gates of Burke, Tamplin of Morgan and Key of Jasper:
A Bill to be entitled an Act to provide for the licensing of manufac turers, bottlers and distributors of bottled soft drinks and soft drink syrup; to provide a license and renewal fee, to provide for the suspen sion and revocation of such licenses; and for other purposes.
HB 267. By Messrs. Moate of Hancock and Groover of Bibb:
A Bill to be entitled an Act to require that all common carriers of passengers for hire in intrastate travel providing waiting room and reception room facilities, shall provide separate accommodations for white and colored passengers travelling in intrastate travel; and for other purposes.
TUESDAY, JANUARY 31, 1956
519
HB 278. By Mr. Freeman of Monroe:
A Bill to be entitled an Act to amend an Act providing pensions to the Firemen of the State of Georgia; and for other purposes.
HB 321. By Mr. Tarpley of Union:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner (Director of Taxes) of Union County, and for other purposes.
HB 327. By Mr. Harrison of Wayne:
A Bill to be entitled an Act to amend an Act providing for retirement benefits for ordinaries of Georgia; and for other purposes.
Referred to the Committee on Pensions.
HB 334. By Messrs. Lokey, M. Smith and Hoke Smith of Fulton:
A Bill to be entitled an Act to amend an Act entitled 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, or Chief Clerk, and for other purposes.
HB 339. By Messrs. Young, Nilan and Pickard of Muscogee:
A Bill to be entitled an Act to amend the law authorizing a fire pro tection system in Muscogee County, and for other purposes.
HB 355. By Mr. Strickland of Toombs:
A Bill to be entitled an Act to amend an Act relating to the com pensation of surveyor and laborers for surveying disputed county lines; and for other purposes.
HB 356. By Mr. Odom of Camden:
A Bill to be entitled an Act to create the office of Assistant Solicitor for Camden County; and for other purposes.
HR 125-348c. By Mr. Murphy of Haralson:
A Resolution to compensate Preston Morris for damages to his auto mobile caused by an employee of the State Highway Department operating a State owned vehicle.
By unanimous consent, the following Bills of the Senate, favorably reported, were read the second time:
SB 26. By Senators Dean of the 40th, Matthews of the 47th and Chance of the 51st:
A Bill to be entitled an Act to amend an Act to authorize the Commis sioner of Agriculture to enter into contracts for the leasing of space at Farmers' markets; and for other purposes.
520
JOURNAL OF THE HOUSE,
SB 75. By Senators Harden of the 27th, Shurling of the 21st and others:
A Bill to be entitled an Act to fix the domicile of corporations engaged in publishing newspapers, magazines and other periodicals; to fix the venue of actions in tort against such corporations; and for other purposes.
Mr. Tarpley of Union moved that the House reconsider its action in failing to pass the following Bill of the House:
HB 322. By Mr. Tarpley of Union:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety for Georgia and making provisions relative to the issuance, suspension and revocation of drivers' license; and for other purposes.
The motion prevailed, and the Bill was reconsidered.
The following Resolutions of the House were read and adopted:
HR 144. By Mr. Ivey of Newton:
A Resolution extending Happy Birthday wishes to Mrs. Frances Reed; and for other purposes.
HR 145. By Mr. Tamplin of Morgan:
A Resolution extending congratulations to Miss Kathryn Ruark; and for other purposes.
The following Resolution of the House was read and referred to the Com mittee on State of Republic:
HR 146. By Messrs. Duke of Baldwin and Matheson of Hart:
A Resolution creating a committee to inspect training school facilities; 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 follow ing Bills and Resolutions of the Senate and House to wit:
SB 46. By Senator Matthews of the 47th:
A Bill to regulate the sale of brake fluid; to provide a minimum stand ard and specification for brake fluid; and for other purposes.
SB 76. By Senator Coffin of the llth:
A Bill to amend the charter of the City of Dawson, Georgia so as to authorize the City Council of Dawson to fix the salaries of its officers
TUESDAY, JANUARY 31, 1956
521
and employees and to levy ad valorem taxes for ordinary operating expenses; and for other purposes.
SR 23. By Senator Page of the 1st:
A Resolution granting to the United States of America a spoilage easement to Barnwell Island, to facilitate development of Savannah Harbor.
HB 12. By Mr. Stephens of Clark and others:
A Bill 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.
HB 48. By Mr. Chambers of Richmond:
A Bill to provide for the service of subpoenas, subpoenas duces tecum, and notices to produce by registered mail, as an alternative to existing methods of service.
HB 81. By Mr. Chambers of Richmond and others:
A Bill to amend an Act relating to traverse jurors generally, and which will provide for the placing of jurors in the jury box in panels of twelve each, in civil and criminal cases, so as to facilitate their exami nation by counsel.
HB 94. By Mr. Watson of Dougherty and others:
A Bill to amend an Act relating to the limitation on the right of taxation by municipal corporation, so as to provide that the City of Albany shall not be affected by the provisions of this Section.
HB 96. By Mr. Matheson of Hart:
A Bill to amend an Act entitled an Act to create the office of Com missioner of Roads and Bridges and a Board of Finance, consisting of three member in and for Hart County.
HB 121. By Mr. Moate of Hancock and others:
A Bill to repeal an Act creating the Georgia Board of Naturopathic Examiners.
HB 143. By Mr. Holley of Richmond and others:
A Bill 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 Sheriff, the ordinary, the tax collector.
522
JOURNAL OF THE HOUSE,
HB 180. By Mr. Dean of Rockdale:
A Bill to amend an Act to create the office of Tax Commissioner of Rockdale County.
The Senate has adopted the following Resolutions of the House to wit:
HR 132. By Messrs. Harrison of Jeff Davis, Been of Bacon and others:
A Resolution to request that tobacco farmers be permitted to continue leasing tobacco allotments; and for other purposes.
HR 133. By Mr. Groover of Bibb:
A Resolution to pay expenses of the Boundary Commission; and for other purposes.
HR 134. By Mr. Groover of Bibb:
A Resolution that the action of the House and Senate in adopting HR 120 providing for a joint session Monday, January 30, 1956 be rescinded, and that no joint session be held on said date.
Mr. Speaker:
The Senate has disagreed to the House amendment to the following Bill of the Senate and respectfully asks that a Committee of Conference be appointed:
SB 19. By Senators Matthews of the 47th and Dean of the 40th:
A Bill to authorize the Commissioner of Agriculture to establish farmers' markets in this State; to authorize the Commissioner of Agriculture to make necessary rules and regulations to properly con duct such markets; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate: Senators Dean of the 40th, Morrison of the 15th and Matthews of the 47th.
The Senate has disagreed to the House amendment to the following Bill of the Senate and respectfully asks that a Committee of Conference be appointed:
SB 5. By Senator Overby of the 33rd:
A Bill to authorize the State or any county, municipal corporation or other political subdivision thereof to sell, lease, grant, exchange or otherwise dispose of any property or interest therein comprising parks, playgrounds, golf courses, swimming pools, or other property which has been dedicated to such a use by any private person or corporation and later acquired by the state, or any county or municipal corpora tion or other political subdivision thereof; to define the terms, condi tions and the method of such disposition; to define what official shall have such right of disposal; and for other purposes.
The President has appointed as a Committee of Conference on the part of
TUESDAY, JANUARY 31, 1956
523
the Senate: Senators Matthews of the 41st, Overby of the 33rd and Clary of the 29th.
By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the Committees:
SB 46. By Senator Matthews of the 47th:
A Bill to be entitled an Act to regulate the sale of brake fluid; to pro vide for specifications; and for other purposes.
Referred to the Committee on Motor Vehicles.
SB 76. By Senator Coffin of the llth:
A Bill to be entitled an Act to amend the Charter of the City of Dawson, and for other purposes.
Referred to the Committee on Municipal Government.
SR 23. By Senator Page of the 1st:
A Resolution granting to the United States of America a spoilage easement to Barnwell Island, to facilitate development of Savannah Harbor, and for other purposes.
Referred to the Committee on Public Property.
Under the regular order of business, the following Bills and Resolutions of the House were taken up for consideration and read the third time:
HR 32-96e. By Messrs. Sanders and Chambers of Richmond:
A RESOLUTION
Proposing to the qualified voters of Georgia an amendment to Article VI, Section II of the Constitution of Georgia so as to confer upon the Supreme Court and Court of Appeals jurisdiction to review by writ of error all final judgments and adjudications rendered by Juvenile Courts; to provide for advertising and submission; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1.
Article VI, Section II of the Constitution of Georgia is hereby amended by adding thereto a new Paragraph to be known as Paragraph IX and to read as follows:
"Paragraph IX. The Supreme Court and Court of Appeals shall have jurisdiction to review by direct writ of error, and with out the necessity of a motion for new trial having been made, all final judgments, orders, decrees and adjudications rendered by any juvenile court created or referred to in an Act of the General Assembly approved February 19, 1951 (Ga. Laws 1951, p. 291), as amended, and any other juvenile court that may be hereafter estab-
524
JOURNAL OF THE HOUSE,
lished, and, it shall further be the duty of the Solicitor General of the judicial circuit within which juvenile court or courts are located to represent the juvenile court on such appeals. The time for filing such bill of exceptions, and the procedure governing same, shall be as now provided by law for appeals, or as may hereafter be provided by law, but in any case, the Juvenile Judge may by order grant extensions of time for the filing of such bill of exceptions so as to afford opportunity for preparation of a brief or transcript of evidence, in cases where such is required."
SECTION 2.
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "ayes" and "nays" taken thereon, the Governor is hereby authorized and instructed to cause such pro posed 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 Constitution so as to con fer jurisdiction on the Supreme Court and Court of Appeals to review by writ of error all final judgments of Juvenile Courts."
"Against ratification of amendment to Constitution so as to confer jurisdiction on the Supreme Court and Court of Appeals to review by writ of error all final judgments of Juvenile Courts."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all per sons 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 previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the Speaker ordered the roll call and the vote was as follows:
TUESDAY, JANUARY 31, 1956
525
Those voting in the affirmative were Messrs.:
Adams Alien Ayers Barber of Jackson Barker Baughman Bodenhamer Bolton Brown Caldwell Callier Carlisle Cason
Gates Chambers Chastain Cheatham Cheek Clary
Coker of Cherokee Cornelius Cotton Cowart Coxwell Deal Dean of Rockdale Deen of Bacon Denmark Denson Drinkard Duke Duncan Edenfield Elder Eyler Pain Flynt Fordham Fowler of Douglas Freeman Gilleland Green of Rabun Greene of Crisp Grimsley Groover Gross of Stephens Gunter Hall
Hardaway
Harrison of Jeff Davis Harrison of Wayne Hawkins Hayes Henderson Hodges Holley Houston Huddleston Hudson Hurst Ivey Jessup Johnson of Jenkins Johnson of Gilmer Jones of Worth Jones of Sumter Kelley Kennedy of Tattnall Key Killian
King of Whitfield King of Chattahoochee King of Pike Lam Land Larkins Lindsey Lokey Long Love Mackay Mallory Mashburn Matheson of Hart Mathis of Lowndes McGarity McKelvey McKenna McWhorter Mincy Mobley Moore Moorman Mull Murr Musgrove
Nilan Odom Palmer Parker Peacock Perkins Peters Pettey Phillips of Columbia Potts Raulerson Reed Register Rodgers Ruark Russell Rutland Sanders Sheffield Singer Sivell Smith of Evans Hoke Smith of Fulton M. M. Smith of Fulton Sognier Souter Stephens of Clarke Stewart Strickland Stripling Tanner Tarpley Truelove Turk Twitty Underwood of
Montgomery Upshaw Veal Weems Williams Wilson of Towns Wilson of Peach Wooten Wright Young Mr. Speaker
(Mr. Moate)
Those voting in the negative were Messrs.:
Frier
Stevens of Marion
On the adoption of the Resolution, the ayes were 142, nays 2.
526
JOURNAL OF THE HOUSE,
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 60-163L By Messrs. Duke and Massee of Baldwin:
A Resolution to authorize the Governor on behalf of the State, to nego tiate and sell a tract of State land; and for other purposes.
The previous question was ordered.
The main question was ordered.
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.
HB 112. By Mr. Groover of Bibb:
A Bill to be entitled an Act to amend an Act comprehensively and exhaustively revising and superseding the laws of this State relating to the Game and Fish Commission and to game and fish, by amending Section 13 thereof, relating to salaries of Commission employees and wildlife rangers; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 116, nays 0.
The Bill, having received the requisite constituntional majority, was passed.
The Bill was ordered immediately transferred to the Senate.
HR 19-64d. By Mr. Green of Rabun:
A Resolution to compensate Mr. Carlton Coleman and Mrs. Evelyn Law Thomas of Rabun County for damages to their automobile; and for other purposes.
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 106, nays 0.
TUESDAY, JANUARY 31, 1956
527
The Resolution, having received the requisite constitutional majority, was adopted.
HR 46-129b. By Mr. Lowe of Oglethorpe: A Resolution to compensate W. W. Armistead; and for other purposes.
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 106, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 66-200a. By Messrs. Cornelius and McKelvey of Polk: A Resolution to compensate George B. Stoffragen for damages to his 1955 Chevrolet automobile received as a result of a collision with a truck owned and operated by the State Highway Department; and for other purposes.
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 106, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 80-214e. By Mr. Callier of Talbot: A Resolution authorizing payment for damages to Mr. Lincoln Fortune to a fish truck owned by Mr. Lincoln Fortune; and for other purposes.
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 106, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 88-261b. By Messrs. Kelley and Kilgore of Gwinnett: A Resolution compensating Ernest and Dorothy Brooks; 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.
528
JOURNAL OF THE HOUSE,
The Resolution, having received the requisite constitutional majority, was adopted.
HR 93-261g. By Mr. Peacock of Dodge:
A Resolution to compensate Hal S. Martin for the damages inflicted upon his automobile; and for other purposes.
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 106, nays 0.
The Resolution, having received the requisite constitutional majority, was passed.
HR 95-2611. By Mr. Barber of Jackson:
A Resolution to compensate the Jackson Electric Membership Coopera tive for damages to electric transmission lines; and for other purposes.
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 106, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 116-319g. By Mr. Kennedy of Tattnall:
A Resolution to compensate Dr. Hess and Clark, Inc., for damages to an automobile; and for other purposes.
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 106, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 89-261c. By Messrs. Kelley and Kilgore 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 128th Fighter Bomber Squadron of the Geor gia Air National Guard; and for other purposes.
The following amendment was read and adopted: Mr. Veal of Putnam moves to amend HR 89-261c as follows:
TUESDAY, JANUARY 31, 1956
529
By striking from the concluding paragraph thereof the figures $3,550.00 and inserting in lieu thereof the figures "$2,735.00".
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 0.
The Resolution, having received the requisite constitutional majority, was adopted as amended.
HB 313. By Messrs. Cowart of Calhoun, Denson of Dougherty, Cocke of Terrell, and Wheeler of Seminole:
A Bill to be entitled an Act to repeal Code Section 26-6908, relating to fishing on Sunday; and for other purposes.
Mr. Caldwell of Upson moved the previous question and the call was sus tained.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, Mr. Bodenhamer of Tift moved the ayes and nays and the call was sustained.
The roll was called and the vote was as follows:
Those voting in the affirmative were Messrs.:
Barker Baughman Birdsong Black Blalock Bolton Brannen Brown Caldwell Cason Chambers Cheatham Clary Cloud
Coker of Cherokee Coker of Walker Cotton Cowart Coxwell Dean of Rockdale Duke
Edenf ield Elder Eyler Fain Floyd Flynt Fowler of Douglas Garrard Gilleland Gillis Green of Rabun Groover Gross of Stephens Gunter
Hall Harrell Hawkins Huddleston Ivey Jackson Jessup
Johnson of Jenkins Johnson of Gilmer Jones of Worth Jones of Sumter Kelley Kilgore Killingsworth King of Chattahoochee King of Pike Long Lowe Mallory Mashburn McKelvey
McKenna Murphey of Crawford Murr Nilan Odom Palmer Peacock
530
JOURNAL OF THE HOUSE,
Pelham Perkins Phillips of Columbia Phillips of Walton Pickard Potts Raulerson Ray Reed Rowland Ruark Russell Sivell
Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton Sognier Souter Stewart Stripling Tamplin Tanner Tarpley Terrell Twitty Underwood of Bartow
Underwood of Montgomery
Upshaw Veal Weems Willingham Willis Wilson of Peach Wright Young
Those voting in the negative were Messrs.:
Alien Ayers Barber of Colquitt Barber of Jackson Bodenhamer Callier Campbell Carlisle Gates Chastain Cheek Cornelius Deal Deen of Bacon Fordham Foster Greene of Crisp
Gross of Dade Henderson Houston Hudson Hurst King of Whitfield King of Pike Lam Lanier Larkins Love Matheson of Hart McCracken McGarity McWhorter Mobley Moore
Moorman Musgrove Parker Peters Ramsey Roughton Rutland Sanders Singer Smith of Evans Strickland Todd Turk Williams Wooten
On the passage of the Bill, the ayes were 99, nays 48.
The Bill, having failed to receive the requisite constitutional majority, was lost.
Mr. Smith of Emanuel gave notice that at the proper time he would move that the House reconsider its action in failing to pass HB 313.
HB 19. By Mr. Nightingale of Glynn:
A Bill to be entitled an Act to amend Code Chapter 26-3, relating to infants, lunatics; and for other purposes.
Mr. Smith of Emanuel moved that further consideration of HB 19 be post poned until Wednesday, February 1, 1956, and the motion prevailed.
HB 234. By Messrs. Stripling of Coweta, Willingham of Cobb, and Groover of Bibb:
A Bill to be entitled an Act to repeal Section 26-6304 of the Code, re-
TUESDAY, JANUARY 31, 1956
531
lating to the inquiry into offenses relating to obscene matter by indict ment or presentment; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bifi, was agreed to.
On the passage of the Bill, the ayes were 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The Bill was ordered immediately transmitted to the Senate.
HB 259. By Messrs. Lokey and Hoke Smith of Fulton:
A Bill to be entitled an Act to amend section 69-308 of the 1933 Code of Georgia, relating to the filing of a written demand as a prerequisite to the bringing of any suit at law or equity against any municipal corporation for injuries to person or property and the suspension of the running of the statute of limitations during the time that the demand for the payment is pending; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 106, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 294. By Mr. Barber of Colquitt:
A Bill to be entitled an Act to amend an Act establishing a State Board of Registration for Professional Engineers and Surveyors; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, Mr. Barber of Colquitt moved the ayes and nays and the call was sustained.
532
JOURNAL OF THE HOUSE,
The roll was called and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien
Ayers
Barber of Colquitt Baughman Birdsong
Black Blalock Bodenhamer Bolton Brannen Brown Caldwell Callier Campbell Carlisle Cason
Gates Chambers Cheek Clary Cloud Coker of Cherokee Coker of Walker
Cotton Cowart Coxwell Deal Dean of Rockdale Denson Duke Edenfield Elder Eyler Flynt Fordham
Foster Fowler of Douglas
Freeman Garrard
Gilleland Green of Rabun
Greene of Crisp Grimsley Groover
Gross of Bade Gunter Hall
Harrell Harrison of Wayne Hawkins
Henderson Hodges Hogan
Holley Houston Ivey Jessup Johnson of Jenkins Johnson of Gilmer Jones of Laurens Jordan Kelley Kennedy of Tattnall
Killian Killingsworth King of Whitfield Kitchens
Lam Lanier Lindsey Lokey
Long Love Lowe Mallory
Mashburn Matheson of Hart Mathis of Lowndes McCracken McKelvey McKenna
Mincy Mobley Moore Moorman Mull Murr Musgrove Nightingale
Those voting in the negative were Messrs.:
Chastain Cornelius Drinkard Fain Frier
Gross of Stephens Harrison of Jeff Davis Hurst Jackson King of Chattahoochee
Nilan Odom Palmer Parker Pelham Peters Pettey Phillips of Columbia Phillips of Walton Potts Ramsey Raulerson Ray Register Rodgers Rowland Russell Sheffield Short Singer Smith of Evans M. M. Smith of Fulton Sognier Stevens of Marion Stewart Strickland Stripling Tarpley Terrell Todd Truelove Turk Twitty Underwood of
Montgomery Upshaw Watson Wheeler Willingham Wilson of Towns Wilson of Peach Wooten Young
Perkins Ruark Sivell Veal Williams
TUESDAY, JANUARY 31, 1956
533
On the passage of the Bill, the ayes were 132, nays 15.
The Bill, having received the requisite constitutional majority, was passed.
The Bill was ordered immediately transmitted to the Senate.
HB 286. By Mr. Greene of Crisp:
A Bill to be entitled an Act to amend an Act comprehensively and exhaustively superseding and revising the laws relating to the Game and Fish Commission and to game and fish; and for other purposes.
The following amendments were read and adopted:
Mr. Veal of Putnam moves to amend HB 286 by adding a new section to read as follows:
Section 3. The provisions of this Act shall be construed and deemed to include the raising, catching, use and sale, of live catfish not longer than eight inches by any means available, for live bait purposes.
The Committee on Game and Fish moves to amend HB 286 by adding a Section appropriately numbered as follows:
"No person under the age of 18 years not regularly engaged as a wholesale or retail dealer under the terms of this Act shall be required to obtain a license hereunder."
The previous question was ordered.
The main question was ordered.
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 Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Ayers Baughman Birdsong Black Blalock Bodenhamer Bolton Brannen Brown Caldwell Campbell Carlisle Cason
Gates Chambers Chastain Cheatam Cheek Clary Coker of Cherokee Coker of Walker Cornelius Cotton Cowart Coxwell Deal Deen of Bacon Denmark
Denson Drinkard Duke Eyler Fain Floyd Foster Fowler of Douglas Freeman Garrard Gilleland Gillis Green of Rabun Greene of Crisp Grimsley
534
JOURNAL OF THE HOUSE,
Groover Gross of Bade Gunter Harrell Harrison of Jeff Davis Hayes Henderson Hendrix Hodges Hogan Holley Houston Huddleston Hurst Ivey Jessup Johnson of Jenkins Johnson of Gilmer Kennedy of Tattnall Killian Killingsworth King of Whitfield King of Chattahoochee King of Pike Lam Land Lanier Lindsey
Lokey Long Mackay Mallory Martin Mashburn Matheson of Hart Mathis of Lowndes McCracken McGarity McKelvey McKenna Mobley Moore Moorman Murphey of Crawford Musgrove Nilan Odom Palmer Pelham Peters Pettey Phillips of Walton Pickard Potts Ramsey Ray
Register Rodgers Roughton Sanders Sivell Smith of Evans M. M. Smith of Fulton Strickland Stripling Tamplin Tanner Tarpley Terrell Todd Truelove Turk Twitty Underwood of Bartow Upshaw Veal Watson Weems Wheeler Williams Wilson of Towns Wilson of Peach Wooten Young
Those voting in the negative were Messrs.:
Fordham
McWhorter
Perkins
On the passage of the Bill, as amended, the ayes were 130, nays 3.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Groover of Bibb rose to a Point of Personal Privilege and addressed the House.
HB 197. By Messrs. Coker of Cherokee and Mashburn of Forsyth:
A Bill to be entitled an Act to amend Code Chapter 84-10 relating to nurses, as amended, so as to change the registration fee of under graduate nurses; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
TUESDAY, JANUARY 31, 1956
535
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.:
Alien Barber of Jackson Barker Baughman Bentley Birdsong Bloodworth Bodenhamer Bolton Brannen Brown Campbell Carlisle Cason Chambers Chastain Cheatham Cloud Coker of Cherokee Coker of Walker Cornelius Cotton Cowart Deal Deen of Bacon Denmark Denson Drinkard Duke Edenfield English Eyler Floyd Fordham Fowler of Douglas
Gilleland Green of Rabun Greene of Crisp Groover Gross of Dade Gunter Hall Hayes Henderson Hendrix Hogan Holley Hudson Hurst Johnson of Jenkins Johnson of Gilmer Jones of Laurens Kelley Key Killian Killingsworth King of Pike Kitchens Lanier Lavender Lokey Lowe Mallory Martin Mashburn Matheson of Hart Mathis of Lowndes McCracken McKelvey McKenna
Moore Murphey of Crawford Murphy of Haralson Musgrove Milan Palmer Peacock Peters Phillips of Columbia Phillips of Walton Pickard Potts Ramsey Register Sanders Smith of Evans M. M. Smith of Fulton Sognier Stewart Strickland Stripling Tamplin Tanner Truelove Twitty Upshaw Veal Watson Weems Wheeler Williams Wilson of Peach
Wooten Young Mr. Speaker
Those voting in the negative were Messrs.:
Ayers Black Clary Coxwell Fain Flynt Freeman Garrard Gillis Grimsley Gross of Stephens Harrison of Jeff Davis
Hodges Houston Jackson Jones of Lumpkin Jones of Sumter Jordan King of Whitfield King of Chattahoochee Lam Long Moorman Murr
Perkins Roughton Sivell Hoke Smith of Fulton Tarpley Terrell
Todd Turk Underwood of
Montgomery Wilson of Towns
536
JOURNAL OF THE HOUSE,
On the passage of the bill, the ayes were 105, nays 34.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Carlisle of Bibb rose to a Point of Personal Privilege and addressed the House.
The following Resolution of the House was taken up for the purpose of considering the Senate Substitute thereto:
HR 9. By Messrs. Moate of Hancock, Harrison of Wayne and Scoggin of Ployd:
A Resolution requesting Congress to regulate the reduction in Cotton Acreage allotments and to return agricultural technicians provided under the "Point Four" program; and for other purposes.
The following Senate Substitute to HR 9 was read:
A Resolution requesting Congress to regulate the reduction in Cot ton Acreage allotments; and for other purposes.
"WHEREAS, we in the Southeastern Cotton Belt are concerned over a further loss in cotton acreage this year. Of the total reduction of 721,904 acres, the states of Alabama, Florida, Georgia, North and South Carolina and Virginia have lost 204,228 acres or in excess of 28 percent of the total reduction.
"NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Congress of the United States provide that the Cotton Acreage allotment be set as of the year 1955 by States and that any further reduction in cotton acreage allotment be made by applying the same percentage acreage reduction to all cotton producing states.
"BE IT FURTHER RESOLVED that a copy of this resolution be transmitted to the Speaker of the United States House of Representa tives and to the President of the United States Senate."
Mr. Groover of Bibb moved that the House disagree to the Senate Sub stitute, to HR 9.
The motion to disagree prevailed.
The following Bill of the Senate was taken up for the purpose of considering the Senate disagreement to the House amendment thereto:
SB 5. By Senator Overby of the 33rd:
A Bill to be entitled an Act to authorize the State, or any County, municipal corporation or other political subdivision thereof to sell, lease, grant, exchange or otherwise dispose of any property or interest therein comprising parks, playgrounds, golf courses, swimming pools, or other property which has been dedicated to a public use for any purpose; and for other purposes.
TUESDAY, JANUARY 31, 1956
537
Mr. Groover of Bibb moved that the House insist on its position in amending SB 5 and 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.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following: Messrs. Groover of Bibb, Hawkins of Screven and Lavender of Elbert.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 95. By Mr. Martin of Banks:
A Bill to be entitled an Act to provide for the compensation for the Sheriff of Banks County; and for other purposes.
The following Senate amendment was read:
Senator Overby of the 33rd moves to amend HB 95 as follows:
By striking from Section 1 the words and figures "January 1, 1957" and inserting in lieu thereof the words and figures "April 1, 1956".
Mr. Martin of Banks moved that the House agree to the Senate amendment to HB 95.
On the motion to agree, the ayes were 122, nays 0.
The Senate amendment was agreed to.
The following Bill of the Senate was taken up for the purpose of consider ing the Senate disagreement to the House amendment thereto:
SB 19. By Senators Matthews of the 47th and Dean of the 40th:
A Bill to be entitled an Act to amend an Act to provide for and author ize the Commissioner of Agriculture to establish farmer' markets in this State and to authorize the Commissioner of Agriculture to make necessary rules and regulations to properly conduct such markets; and for other purposes.
Mr. Wilson of Peach moved that the House insist on its position in amending SB 19 and 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.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House, the following members: Messrs. Fowler of Tift, Gates of Burke and Wilson of Peach.
538
JOURNAL OF THE HOUSE,
Under the regular order of business, the following Bill of the Senate was taken up for consideration and read the third time:
SB 13. By Senator McDonald of the 43rd:
A Bill to be entitled an Act to amend Section 24-3406 of the Code, relating to "Deposit of Costs Required in Divorce Cases"; and for other purposes.
Mr. Groover of Bibb moved that further consideration of SB 13 be post poned until Wednesday, February 1, 1956, the motion prevailed, and the Bill was postponed.
Mr. Groover of Bibb moved that the House do now adjourn until 10:00 o'clock tomorrow morning and the motion prevailed.
Mr. Barber of Jackson requested a leave of absence on February 1 due to the illness of his mother.
The Speaker announced the House adjourned until 10:00 o'clock tomorrow morning.
WEDNESDAY, FEBRUARY 1, 1956
539
Representative Hall, Atlanta, Georgia. Wednesday, February 1, 1956.
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 Alien Ayers Bagby Barber of Colquitt Barker Baughman Bentley Birdsong Black Blackburn Blalock Bloodworth Bodenhamer Bolton Brannen Brown Caldwell Callier Campbell Cason Chambers Chastain Cheatham Cheek Clary Cloud Cocke Coker of Cherokee Coker of Walker Cornelius Cotton Cowart Coxwell Deal Dean of Rockdale Deen of Bacon Denmark Denson Dozier Drinkard Duke Edenfield Elder
English Eyler Fain Floyd Flynt Fordham Foster Fowler of Douglas Freeman Frier Garrard Gilleland Gillis Green of Rabun Greene of Crisp Grimsley Groover Gross of Stephens Gross of Dade Gunter Hall Hardaway Harrell Harrison of Jeff Davis Harrison of Wayne Hawkins Hayes Henderson Hendrix Hodges Hogan Holley Houston Huddleston Hudson Hurst Ivey Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Worth Jones of Laurens Jones of Sumter
Jordan Kennedy of Tattnall Key Killian Killingsworth King of Chattahoochee King of Pike Kitchens
Lam Land Larkins Lavender Lindsey Long Love Lowe Mackay Mallory Martin Mashburn Massee Matheson of Hart Mathis of Lowndes Matthews Mauldin McCracken McGarity McKelvey McKenna Mincy Mobley Moore Moorman Mull Murphey of Crawford Murphy of Haralson Murr Musgrove Nightingale Nilan Odom Palmer Pelham Parker
540
JOURNAL OF THE HOUSE,
Peters Pettey Phillips of Columbia Phillips of Walton Potts Ramsey Raulerson Ray Reed Register Rodgers Roughton Rowland Ruark Russell Sanders Sheffield
Short Sivell Smith of Evans Smith of Emanuel Hoke Smith of Fulton Sognier Souter Stephens of Clarke Stevens of Marion Stewart Strickland Stripling Tamplin Tanner
Todd Truelove Turk
Underwood of Bartow Underwood of
Montgomery Upshaw Veal Watson Weems Wheeler Williams Willingham Willis Wilson of Towns Wooten Young Mr. Speaker
Those not answering the roll call were Messrs.:
Barber of Jackson Gates Duncan Fowler of Tift Jones of Lumpkin Kelley Kennedy of Turner Kilgore
King of Whitfield Lanier Lokey McWhorter Peacock Perkins Pickard Rutland
Scoggin Singer M. M. Smith of Fulton Tarpley Terrell Twitty Wilson of Peach Wright
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 busi ness, 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.
WEDNESDAY, FEBRUARY 1, 1956
541
Mr. Duke of Baldwin asked unanimous consent, that the following Bills of the House be withdrawn from the Committee on Municipal Government, read
the second time and recommitted:
HB 152. By Messrs. Duke and Massee of Baldwin:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Milledgeville; and for other purposes.
HB 153. By Messrs. Duke and Massee of Baldwin:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Milledgeville; and for other purposes.
HB 154. By Messrs. Duke and Massee of Baldwin:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Milledgeville; and for other purposes.
The request was granted, and the Bills were withdrawn, read the second time and recommitted.
Mr. Todd of Glascock asked unanimous consent, that the following bill of the House be withdrawn from the Committee on Counties and County Matters, read the second time, and recommitted:
HB 368. By Mr. Todd of Glascock:
A Bill to be entitled an Act to consolidate the offices of Tax Receiver and Tax Collector of Glascock County into the office of Tax Commis sioner of Glascock County; and for other purposes.
The request was granted, and the Bill was withdrawn, read the second time and recommitted.
Mr. Coker of Cherokee moved that the following Bill of the House be with drawn from the committee on Appropriations, read the second time and recom mitted :
HB 243. By Messrs. Moate of Hancock, Willingham of Cobb, Groover of Bibb, Coker of Cherokee, and Sheffield of Brooks:
A Bill to be entitled an Act to make General Appropriations to pay the cost of operations of the State Government for the ensuing fiscal year; and for other purposes.
The motion prevailed, and the Bill was withdrawn, read the second time and recommitted.
By unanimous consent, the following Bills and Resolutions of the House were read the first time and referred to the committees:
HB 402. By Mr. Twitty of Mitchell: A Bill to be entitled an Act to amend an Act, so as to provide certain
542
JOURNAL OP THE HOUSE,
exemptions of the Intangible Property Tax Act to long term notes accrued by real estate owned by religious, educational, hospital and charitable organizations, trusts established for the exclusive benefit of religious, educational, hospital and charitable institutions and trusts exempt from Federal income taxes; and for other purposes.
Referred to the Committee on Ways and Means.
HB 403. By Mr. Ramsey of Effingham:
A Bill to be entitled an Act to amend an Act incorporating the Town of Rincon in the County of Effingham, and for other purposes.
Referred to the Committee on Municipal Government.
HB 404. 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.
Referred to the Committee on Municipal Government.
HB 405. By Mr. Souter of Macon:
A Bill to be entitled an Act to amend an Act incorporating the Town of Ideal, and for other purposes.
Referred to the Committee on Municipal Government.
HB 406. 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 407. By Mr. Matthews of Clarke:
A Bill to be entitled an Act to amend an Act relating to obscene pic tures and abusive language, and for other purposes.
Referred to the Committee on State of Republic.
HB 408. By Messrs. Singer of Stewart, Potts of Coweta, Matheson of Hart, Phillips of Walton, Stripling of Coweta, Black of Webster and many others:
A Bill to be entitled an Act to provide for a method of holding a referendum as to the sale of public property owned by a county or municipal corporation; and for other purposes.
Referred to the Committee on Public Property.
HB 409. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to amend an Act providing for the regis tration of motor vehicles and the issuance of motor vehicle license plates by the county tax collectors or county commissioners, so as to
WEDNESDAY, FEBRUARY 1, 1956
543
provide that the State Revenue Commissioner shall register and issue license plates by mail to qualified military persons residing out of the State, and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 410. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to authorize the governing authority of Douglas County to create and establish restricted zones or districts, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 411. By Mr. Jones of Lumpkin:
A Bill to be entitled an Act to amend an Act consolidating the office of Tax Receiver and Tax Collector of Lumpkin County into the office of Tax Commissioner of Lumpkin County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 412. By Messrs. Floyd and Weems of Chattooga:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues of Chattooga County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 413. By Messrs. Floyd and Weems of Chattooga:
A Bill to be entitled an Act to amend an Act creating the City Court of Chattooga County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 414. By Messrs. Floyd and Weems of Chattooga:
A Bill to be entitled an Act to repeal an Act creating a Board of Commissioners of Roads and Revenues of Chattooga County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 415. By Mr. Bagby of Paulding:
A Bill to be entitled an Act to amend, consolidate, and supersede the several Acts incorporating the Town of Hiram, and for other purposes.
Referred to the Committee on Municipal Government.
HB 416. By Messrs. Groover of Bibb and Floyd of Chattooga:
A Bill to be entitled an Act to amend an Act providing for an integrated Veterans Service of Georgia and creating a State Department of Veterans Service, and for other purposes.
Referred to the Committee on Veterans Affairs.
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JOURNAL OF THE HOUSE,
HB 417. By Messrs. Sognier, Cheatham and Eyler of Chatham:
A Bill to be entitled an Act to amend the Charter of the Mayor and Aldermen of the City of Savannah; to close and sell to Taliaferro Bap tist Church that portion of Macon Street in the City of Savannah, and for other purposes.
Referred to the Committee on Municipal Government.
HB 418. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A Bill to be entitled an Act to fix the salary of the Clerk of the Superior Court of Fulton County; to make the effective date of this Act January 1, 1956, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 419. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A Bill to be entitled an Act to fix the salary of the Sheriff of Fulton County; to make the effective date of this Act January 1, 1957, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 420. 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 pro vide for the retirement of the Judges and the Solicitor-General of the criminal court of Fulton County, the Judges of the Civil Court of Ful ton County and the Judge of the Juvenile Court of Fulton County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 421. 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 fix the compensation of Commissioners of Roads and Revenues in certain counties, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 422. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A Bill to be entitled an Act to amend an Act entitled "Superior Court Clerks, Duties" so as to authorize the Clerk of the Superior Court to issue and sign any order in the nature of a rule nisi where no injunctive or extraordinary relief is granted; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 423. By Mr. Bagby of Paulding:
A Bill to be entitled an Act to provide that no alcoholic beverages shall be sold on property in fee simple owned by the State of Georgia and leased to any person, firm or corporation; and for other purposes.
Referred to the Committee on Temperance.
WEDNESDAY, FEBRUARY 1, 1956
545
HB 424. By Mr. Groover of Bibb:
A Bill to be entitled an Act to amend an Act, imposing an annual license or occupational tax on domestic, domesticated foreign, and foreign corporations doing business or owning property in so as to provide that such tax when in default shall bear interest until paid in addition to penalties otherwise prescribed therein, and for other purposes.
Referred to the Committee on Ways and Means.
HB 425. By Mr. Groover of Bibb:
A Bill to be entitled an Act to require the Clerks of the Superior Courts in this State to report to the State Revenue Commissioner any Superior Court order pertaining to the issuance, amendment, renewal, revival or surrender of corporate charters, and for other purposes.
Referred to the Committee on Corporations.
HB 426. By Messrs. Cloud and Terrell of Decatur and Harrell of Grady:
A Bill to be entitled an Act to amend an Act known as the Georgia Retailers' and Consumers Sales and Use Tax Act", so as to provide that the tax imposed shall not apply to certain materials, and for other purposes.
Referred to the Committee on General Agriculture #1.
Mr. Harrell of Grady moved that HB 426 be engrossed.
On the motion to engross, the Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams
Alien Ayers Barker Baughman Birdsong Black
Blackburn Bloodworth Bolton Brown Caldwell Callier Campbell
Carlisle Cason
Chambers Clary Cocke
Coker of Walker Cowart
Coxwell
Deal Dean of Rockdale Denmark Denson Dozier Duke
Edenfield Elder Eyler Pain Ployd Fordham Fowler of Douglas
Freeman Frier
Gillis Green of Rabun Grimsley
Groover Gross of Stephens
Gross of Dade
Gunter Hall Hardaway Harrell Henderson Hogan
Holley Houston Huddleston Hudson Hurst Ivey Jackson
Jessup Johnson of Jenkins
Johnson of Gilmer Jones of Worth Jones of Laurens
Jones of Sumter Kennedy of Tattnall
546
JOURNAL OF THE HOUSE,
Key Killian Killings-worth King of Pike Kitchens Land Larkins Lavender Long Love Lowe Mallory Martin Mashburn Massee Matheson of Hart Mathis of Lowndes Matthews McGarity McKelvey Mobley Moore
Moorman Murphy of Haralson Nightingale Nilan Palmer Parker Pelham Pettey Phillips of Columbia Phillips of Walton Potts Ramsey Raulerson Register Roughton Russell Sanders Short Smith of Evans Smith of Emanuel Hoke Smith of Fulton Stephens of Clarke
Stevens of Marion Stewart Strickland Stripling Tamplin Tanner Terrell Todd Truelove Underwood of Bartow Underwood of
Montgomery Upshaw Veal Watson Weems Wheeler Williams Willingham Wilson of Towns Wooten Young
On the motion to engross, the ayes were 128, nays 0.
The Bill was ordered engrossed.
HB 427. By Messrs. Sanders, Chambers and Holley of Richmond:
A Bill to be entitled an Act to provide for the appointment of a special trial assistant in the office of the Solicitor-General in counties having a population of not less than 75,000,nor more than 112,500, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 428. By Mr. Rowland of Johnson:
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.
HR 147-428a. By Mr. Singer of Stewart:
A Resolution proposing an amendment to the Constitution so as to provide for the existence of schools in Stewart County, and for other purposes.
Referred to the Committee on Amendments to Constitution #1.
HR 148-428b. By Messrs. Gunter and Williams of Hall: A Resolution proposing an amendment to the Constitution so as to
WEDNESDAY, FEBRUARY 1, 1956
547
provide for the establishment of fire prevention districts in Hall County outside municipalities; and for other purposes.
Referred to the Committee on Amendments to Constitution #1.
HR 149-428c. By Messrs. Gunter and Williams of Hall:
A Resolution proposing an amendment to the Constitution so as to provide for the selection and appointment of a Superintendent of the Hall County School System by the Hall County Board of Education; and for other purposes.
Referred to the Committee on Amendments to Constitution #1.
HR 150-428d. By Mr. Matthews of Clarke:
A Resolution to compensate the B. & B. Beverage Company for damages to its truck when hit by a vehicle owned by the State Highway Depart ment and for other purposes.
Referred to the Committee on Special Appropriations.
HR 151-428e. By Mr. Singer of Stewart:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the Clerk of the Superior Court and the Ordinary, of Stewart County, and for other purposes.
Referred to the Committee on Public Library.
HB 429. By Mr. Harrison of Wayne:
A Bill to be entitled an Act to ratify the action of the Mayor and Coun cil of the City of Jesup relative to the issuance of a deed to a portion of an alley located in said city; and for other purposes.
Referred to the Committee on Municipal Government.
HB 430. By Messrs. Groover and Carlisle of Bibb:
A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to change the punishment for the crime of driving or operating a vehicle while under the influence of intoxicating liquors or narcotic drugs; and for other purposes.
Referred to the Committee on Motor Vehicles.
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
548
JOURNAL OF THE HOUSE,
Chairman, to report the same back to the House with the following recommenda tions :
HE 123-348a. Do Pass. HE 129-348g. Do Pass. HE 140-399d. Do Pass. HE 143-399d. Do Pass. HE 118-319L Do Pass.
Eespectfully submitted, Freeman of Monroe, 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 and Eesolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 272. Do Pass. HB 353. Do Pass. HE 96-261J. Do Pass.
Eespectfully 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 171. Do Pass.
HB 363. Do Pass.
HB 376. Do Pass.
SB 47. Do Pass.
Eespectfully submitted,
Mashburn of Forsyth,
Chairman.
WEDNESDAY, FEBRUARY 1, 1956
549
Mr. Emory 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 280. Do Pass, by substitute.
HB 118. Do Pass, by substitute.
Respectfully submitted,
Rowland of Johnson,
Chairman.
Mr. Hoke Smith of Fulton County, Chairman of the Committee on Municipal Government, submitted the following report:
Mr. Speaker:
Your Committee on Municipal Government has had under consideration the following Bills of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 65. Do Pass. HB 344. Do Pass. HB 350. Do Pass. HB 358. Do Pass. HB 349. Do Pass. HB 347. Do Pass. HB 151. Do Pass. HB 374. Do Pass. HB 329. Do Pass. HB 380. Do Pass. HB 330. Do Pass. HB 401. Do Pass. HB 396. Do Pass. HB 331. Do Pass. HB 312. Do Pass. HB 307. Do Pass. HB 343. Do Pass. HB 342. Do Pass. HB 370. Do Pass.
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JOURNAL OF THE HOUSE,
HB 314. Do Pass. HB 362. Do Pass. HB 308. Do Pass. HB 364. Do Pass. HB 360. Do Pass. HB 332. Do Pass. SB 59. Do Pass. HB 302. Do Pass. HB 304. Do Pass.
Respectfully submitted, Hoke Smith of Pulton, 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 Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 193. Do Pass.
Respectfully submitted,
Ramsey of Effingham,
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 follow ing Bills and Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 12-33A. Do Pass.
HR 13-33B. Do Pass.
HB 194. Do Pass.
HR 71-200F. Do Pass. HR 141-399E. Do Pass.
Respectfully submitted,
Callier of Talbot,
Chairman.
WEDNESDAY, FEBRUARY 1, 1956
551
Mr. Barber of Colquitt County, Chairman of the Committee on Special Ap propriations, submitted the following report: Mr. Speaker:
Your Committee on Special Appropriations has had under consideration the following Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 68-200C. Do Pass, as amended.
HR 102-300C. Do Pass.
Respectfully submitted,
Barber of Colquitt,
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 57. Do Pass, by Committee substitute.
HB 333. Do Pass.
HB 336. 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 57. By Mr. Bentley of Cobb:
A Bill to be entitled an Act to amend an Act entitled An Act to amend an Act entitled 'The Georgia Retailers' and Consumers' Sales and Use Tax Act', so as to provide that the State of Georgia and any county or municipal corporation therein shall be included in the exemption given the United States by Section 2, and for other purposes.
HB 171. By Messrs. Freeman of Monroe, Sanders of Richmond and Hall of Floyd:
A Bill to be entitled an Act to amend an Act providing for the payment of maternity home and foster home care for pregnant, unmarried mothers, and to provide further for the utilization of any federal monies now available, and for other purposes.
552
JOURNAL OF THE HOUSE,
HB 193. By Messrs. Groover of Bibb, Lavender of Elbert, Blalock of Clayton, Coker of Cherokee and Chastain of Thomas:
A Bill to be entitled an Act to amend an Act relating to the distribution of laws and journals for civil officers of each county, and for other purposes.
HB 194. By Messrs. Groover of Bibb, Lavender of Elbert, Blalock of Clayton, Coker of Cherokee and Chastain of Thomas:
A Bill to be entitled an Act to amend an Act relating to the leasing and controlling of the State's property in the City of Chattanooga, and for other purposes.
HB 151. By Messrs. Carlisle, Groover and McKenna of Bibb:
A Bill to be entitled an Act to vest title in the City of Macon, its suc cessors and assigns, to a certain portion of Pine Street in Square 74, located in said City, and for other purposes.
HB 272. By Mr. Groover of Bibb:
A Bill to be entitled an Act to authorize and empower the counties of this State, acting by and through their respective governing authorities, to exercise the powers of condemnation and eminent domain with respect to the acquisition of any property for any public purpose for which said respective counties may lawfully expend Public Funds; and for other purposes.
HB 302. By Mr. Fain of Franklin:
A Bill to be entitled an Act to amend an Act incorporating the City of Royston, so as to provide the type of municipal government, and for other purposes.
HB 304. 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.
HB 307. By Mr. Bloodworth of Houston:
A Bill to be entitled an Act to amend an Act creating a city charter for the municipality of Warner Robins, and for other purposes.
HB 308. By Mr. Bloodworth of Houston:
A Bill to be entitled an Act to amend an Act creating and establishing a charter for the City of Warner Robins, and for other purposes.
HB 312. By Mr. Long of Murray:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Chatsworth, and for other purposes.
WEDNESDAY, FEBRUARY 1, 1956
553
HB 314. By Messrs. Kilgore and Kelley of Gwinnett:
A Bill to be entitled an Act to create a new municipality in Gwinnett County, Georgia to be known as the City of Berkeley Lake, and for other purposes.
HB 329. By Messrs. Cloud and Terrell of Decatur:
A Bill to be entitled an Act to amend an Act establishing the City Court of Bainbridge, and for other purposes.
HB 330. By Messrs. McKenna, Carlisle and Groover of Bibb:
A Bill to be entitled an Act to amend an Act entitled an Act to re-enact the charter of the City of Macon, and for other purposes.
HB 332. By Messrs. Poster and Blalock of Clayton:
A Bill to be entitled an Act establishing a new charter for the City of College Park, and for other purposes.
HB 333. By Mr. Watson of Dougherty:
A Bill to be entitled an Act to amend an Act known as the Intangible Property Tax Act, so as to change the tax rate thereunder for accounts and notes receivable owed by a wholly-owned partnership or corporation which returns and pays ad valorem taxes on all its assets to the State of Georgia, and for other purposes.
HB 336. By Messrs. Sanders, Chambers and Holley of Richmond:
A Bill to be entitled an Act to provide for subsistence allowances not to exceed five dollars per day in behalf of Sheriffs, deputy sheriffs, patrolmen, policemen, and other law enforcement officers, for purposes of federal income taxation; and for other purposes.
HB 342. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to authorize the Mayor and Council of the City of Athens and the Board of Commissioners of Roads and Revenue of Clarke County to give to the United States a tract of land located in the City of Athens and bounded on the north by Dearing Street and a sixteen foot alley on the east of Franklin St., and for other purposes.
HB 343. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to amend an Act creating the Athens Firemen's Pension System, and for other purposes.
HB 344. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to amend an Act entitled an Act to amend the Charter of the Town of Athens, and for other purposes.
554
JOURNAL OF THE HOUSE,
HB 347. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to amend an Act entitled an Act to amend the Charter of the Town of Athens, so as to close the unopened por tion of O'Farrell Street, and for other purposes.
HB 349. By Mr. Peters of Meriwether:
A Bill to be entitled an Act to amend an Act entitled an Act to incorporate the City of Manchester in the Counties of Meriwether and Talbot, and for other purposes.
HB 350. By Mr. Peters of Meriwether:
A Bill to be entitled an Act to amend an Act which incorporated the City of Manchester, and for other purposes.
HB 353. By Messrs. Bentley of Cobb, M. Smith of Fulton and Scoggin of Floyd:
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 358. 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.
HB 360. By Mr. Underwood of Montgomery:
A Bill to be entitled an Act to amend an Act entitled "An Act to in corporate the Town of Ailey", and for other purposes.
HB 362. By Mr. Underwood of Montgomery:
A Bill to be entitled an Act to amend an Act creating a new charter for the town of Mt. Vernon, and for other purposes.
HB 363. By Messrs. Groover of Bibb and Lavender of Elbert:
A Bill to be entitled an Act to amend an Act relating to the definition of Optometry by providing a new definition therefor; and for other purposes.
HB 364. By Messrs. Gunter and Williams of Hall:
A Bill to be entitled an Act to amend the Charter of the City of Gainesville by defining and establishing the corporate limits of said, granting right of eminent domain, the right to operate a water plant, and for other purposes.
HB 370. By Mr. Dean of Rockdale:
A Bill to be entitled an Act to amend an Act incorporating the City of Conyers, and for other purposes.
WEDNESDAY, FEBRUARY 1, 1956
555
HB 374. By Mr. Dean of Rockdale:
A Bill to be entitled an Act to amend the Charter of Conyers, and for other purposes.
HB 376. By Messrs. Coker of Cherokee and Mashburn of Porsyth:
A Bill to be entitled an Act to amend an Act known as the "Georgia Post Mortem Examination Act", and for other purposes.
HB 380. By Messrs. Watson and Denson of Dougherty:
A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Albany, so as to provide for retirement of municipal employees; and for other purposes.
HB 396. By Mr. Roughton of Washington:
A Bill to be entitled an Act to amend an Act creating the City Court of Sandersville, Georgia and for other purposes.
HB 401. By Mr. Jones of Worth:
A Bill to be entitled an Act to amend an Act to create a new charter for the City of Sylvester, and for other purposes.
HR 12-33a. By Mr. Odom of Camden:
A Resolution authorizing the Governor to convey certain State prop erty in 29th G. M. District in Camden County, being a part of the Santa Maria State Park Property, to the United States of America as a part of a proposed ammunition loading dump--King's Bay, near St. Mary's, Georgia, to be used by the United States Army and Navy; and for other purposes.
HR 13-33b. By Mr. Odom of Camden:
A Resolution ratifying an easement granted by the State of Georgia to the Okefenokee Rural Electric Membership Corporation; and for other purposes.
HR 68-200c. By Messrs. Gunter and Williams of Hall:
A Resolution to compensate T. Q. Jones and Mrs. Valie Jones, Gainesville, Hall County, for injuries and property damage they received in an accident with a State Highway Dept. maintenance vehicle; and for other purposes.
HR 71-200f. By Mr. Long of Murray:
A Resolution ratifying an easement granted by the State of Georgia to the Georgia Power Company, and for other purposes.
HR 96-261J. By Messrs. Bodenhamer and Fowler of Tift:
A Resolution to relieve J. T. Bruce, J. C. Barfield and H. H. Gill, as sureties; and for other purposes.
556
JOURNAL OF THE HOUSE,
HE 102-300c. By Mr. McCracken of Jefferson:
A Resolution to reimburse W. E. Sheppard for damage to his car caused by the Georgia Highway Department and for other purposes.
HR 118-219i. By Messrs. Sanders, Holley and Chambers of Richmond:
A Resolution proposing an amendment to the Constitution authorizing the General Assembly to consolidate and combine the Richmond County and City Council of Augusta tax assessors for both real and personal property and all the governmental functions now vested in and exer cised by the said boards in the City Council of Augusta and Richmond County; and for other purposes.
HR 123-348a. By Messrs. Young, Nilan and Pickard of Muscogee:
A Resolution proposing an amendment to the Constitution, to empower the Board of Commissioners of Roads and Revenues of Muscogee County for regulatory and revenue purposes, to assess and collect license fees and occupational taxes, and for other purposes.
HR 129-348g. By Mr. McCracken of Jefferson:
A Resolution proposing an amendment to Article VII, Section V, Para graph I, of the Constitution, so as to authorize the City of Louisville, in Jefferson County, to levy a tax not to exceed one mill for the pur pose of creating a fund to be used in assisting, promoting and encour aging the location of any industries in the City of Louisville; and for other purposes.
HR 140-399d. By Messrs. Kilgore and Kelley of Gwinnett:
A Resolution proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of Gwin nett County, and for other purposes.
HR 141-399e. By Messrs. Coker of Cherokee and Mashburn of Forsyth:
A Resolution to authorize the Governor to sell certain land in Dawson and Forsyth Counties; and for other purposes.
HR 143-399g. By Messrs. Gunter and Williams of Hall:
A Resolution proposing an amendment to the Constitution to provide that the General Assembly may grant to the governing authority of Hall County, the right to construct, grade, pave, repave and repair roads and streets, and for other purposes.
SB 47. By Senator Overby of the 33rd:
A Bill to be entitled an Act to amend an Act, relating to who may sell or compound drugs, so as to provide that no drugs shall be sold or dis pensed by vending machines; and for other purposes.
SB 59. By Senator McDonald of the 43rd: A Bill to be entitled an Act to amend, consolidate and supersede, an
WEDNESDAY, FEBRUARY 1, 1956
557
Act amending and codifying the various Acts incorporating the City of Dalton and for other purposes.
SB 65. By Senator Millican of the 52nd and Senator Turner of the 34th:
A Bill to be entitled an Act to amend an Act as the Voters Registration Act; to provide for places of registration of voters in certain counties, and for other purposes.
Mr. Fowler of Douglas rose to a Point of Personal Privilege and addressed the House.
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 321. By Mr. Tarpley of Union:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Union County; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 103, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 325. By Messrs. Killian and Nightingale of Glynn:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenue 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 104, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 334. By Messrs. Lokey, Hoke Smith, and 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 Superior Court, Tax Receiver, Tax Collector and County Treasurer may appoint a Chief Deputy, or Chief Clerk, or Chief Assistant as the case may be; and for other purposes.
The report 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.
558
JOURNAL OP THE HOUSE,
HB 339. By Messrs. Young, Nilan, and Pickard of Muscogee:
A Bill to be entitled an Act to amend the law authorizing a fire pro tection system in 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 356. By Mr. Odom of Camden:
A Bill to be entitled an Act to create the office of Assistant Solicitor for Camden County, Georgia; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 107, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the House and Senate to wit:
SB 35. By Senators Blalock of the 36th and McBride of the 10th and others:
A Bill to comprehensively and exhaustively revise, supersede and con solidate the laws relating to the State Board of Corrections and to prisons, public Works Camps and prisoners; and for other purposes.
SB 85. By Senator Matthews of the 47th:
A Bill to consolidate the offices of tax receiver and tax collector of Colquitt County into the office of Tax Commissioner of Colquitt County; and for other purposes.
SB 86. By Senator Millican of the 52nd:
A Bill to be entitled an Act to apply only to counties having a popula tion of not less than 300,000 by the last or any future decennial census of the United States; to direct the Commissioners of Roads and Reve nues thereof to pay to the Board of Education thereof promptly hereafter; and for other purposes.
SB 87. By Senator Millican of the 52nd: A Bill to be entitled an Act to amend the Act approved February 15,
WEDNESDAY, FEBRUARY 1, 1956
559
1952 (Ga. Laws 1952, pp. 2825, et seq.), creating a Joint City-County Board of Tax Assessors in all counties ha'ving within its borders all or the greater part of the population of 300,000 or more; so as to provide compensation for the members of said Board; to repeal conflicting laws; and for other purposes.
SB 91. By Senators Millican of the 52nd and Turner of the 34th:
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.
HB 120. By Messrs. Murr and Jones of Sumter:
A Bill to be entitled an Act creating the charter for the City of Americus; and for other purposes.
HB 123. 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 certain property; and for other pur poses.
HB 125. By Mr. Brown of Telfair:
A Bill to be entitled an Act to amend an Act creating the City Charter of McRae; and for other purposes.
HB 150. By Messrs. McKenna, Carlisle and Groover of Bibb:
A Bill to be entitled an Act to amend an Act entitled "An Act to reenact the charter of the City of Macon"; and for other purposes.
HB 158. By Messrs. Duke and Massee of Baldwin:
A Bill to be entitled an Act to; authorize the governing authority of Baldwin County to provide for zoning and planning; to authorize joint operation with the City of Milledgeville; and for other purposes.
HB 160. By Messrs. Birdsong and Lam of Troup:
A Bill to be entitled an Act to amend an Act entitled an Act to create a new charter for the City of West Point; and for other purposes.
HB 165. By Messrs. Duncan and Perkins of Carroll:
A Bill to be entitled an Act to amend the charter of the City of Villa Rica, by extending the city limits; and for other purposes.
HB 166. By Messrs. Duncan and Perkins of Carroll:
A Bill to be entitled an Act to surrender the charter of the Town of Fullerville; and for other purposes.
560
JOURNAL OF THE HOUSE,
HB 201. By Mr. Ivey of Newton:
A Bill to be entitled an Act to abolish the office of County Treasurer of Newton County; and for other purposes.
HE 51. By Mr. Bentley of Cobb:
A Resolution to censure the Attorney General of the United States, Herbert Brownell, and the Federal Bureau of Investigation, for their flagrant invasion into the affairs of Cobb County and the State of Georgia; and for other purposes.
HR 136. By Messrs. Perkins of Carroll, Willis of Thomas and others:
A Resolution requesting the Georgia Accrediting Commission to set the ADA for an accredited High School at 60 ADA; and for other purposes.
SB 92. 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 change the date of the regular city election; and for other purposes.
SR 21. By Senator Millican of the 52nd:
A Resolution proposing to the qualified voters of the State of Georgia an amendment to Article VII, Section VII, Paragraph I of the Con stitution of the State of Georgia of 1945, so as to authorize the issu ance of revenue anticipation certificates; and for other purposes.
SR 22. By Senator Millican of the 52nd:
A Resolution proposing an amendment to the Constitution so as to authorize the extension of terms of the grand jury of Fulton County; and for other purposes.
SR 28. By Senator Richardson of the 13th:
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 Macon County by the people; and for other purposes.
HB 83. By Messrs. Sanders and Chambers of Richmond and Fowler of Tift:
A Bill to be entitled an Act to amend an Act so as to provide for the trial of civil cases any time after appearance day by consent, etc.; and for other purposes.
The Senate has passed as amended by the requisite constitutional majority the following Bills of the House to wit:
HB 114. By Messrs. Blalock of Clayton and Rutland of DeKalb: A Bill to be entitled an Act to establish a tolerance or increase of
WEDNESDAY, FEBRUARY 1, 1956
661
13% on certain sizes and weights and loads of motor vehicles; and for other purposes.
HB 200. By Messrs. Nightingale and Killian of Glynn:
A Bill to amend the charter of the City of Brunswick; 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:
SR 21. By Senator Millican of the 52nd:
A Resolution proposing an amendment to the Constitution so as to authorize the issuance of revenue anticipation certificates, and for other purposes.
Referred to the Committee on Amendments to Constitution #1.
SR 22. By Senator Millican of the 52nd:
A Resolution proposing an amendment to the Constitution so as to authorize the extension of terms of the grand jury of Fulton County and for other purposes.
Referred to the Committee on Amendments to Constitution #1.
SR. 28. By Senator Richardson of the 13th:
A Resolution proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Macon County by the people, and for other purposes.
Referred to the Committee on Amendments to Constitution #1.
SB 35. By Senators Blalock of the 36th, McBride of the 10th and others:
A Bill to be entitled an Act to comprehensively and exhaustively revise, supersede and consolidate the laws relating to the State Board of Corrections and to prisons; and for other purposes.
Referred to the Committee on State of Republic.
SB 85. By Senators Matthews of the 47th:
A Bill to be entitled an Act to consolidate the offices of Tax Receiver and Tax Collector of Colquitt County into the office of Tax Commis sioner of Colquitt County, and for other purposes.
Referred to the Committee on Counties and County Matters.
SB 86. By Senator Millican of the 52nd:
A Bill to be entitled an Act to apply only to counties having a popula tion of not less than 300,000, to direct the Commissioners of Roads and Revenues thereof to pay to the Board of Education certain commissions, and for other purposes.
Referred to the Committee on Counties and County Matters.
562
JOURNAL OF THE HOUSE,
SB 87. 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 all counties having a population of 300,000 or more, and for other purposes.
Referred to the Committee on Counties and County Matters.
SB 91. By Senators Millican of the 52nd, Turner of the 34th: 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 92. 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, and for other purposes.
Referred to the Committee on Municipal Government.
Mr. Smith of Emanuel moved that the House reconsider its action in failing to pass the following Bill of the House:
HB 313. By Messrs. Cowart of Calhoun, Denson of Dougherty, Cocke of Terrell, and Wheeler of Seminole:
A Bill to be entitled an Act to repeal Code Section 26-6908, relating to fishing on Sunday; and for other purposes.
The motion prevailed and the Bill was reconsidered.
Under the regular order of business, the following Bill of the Senate was taken up for consideration and read the third time:
SB 75. By Senators Harden of the 27th, Shurling of the 21st and others:
A Bill to be entitled an Act to fix the domicile of Corporations en gaged in publishing newspapers, magazines and other periodicals, to fix the venue of actions in tort against such corporations; and for other purposes.
The following amendment was read and adopted:
Mr. Groover of Bibb moves to amend SB 75 by striking the words "ten counties" in line 3 of Section 1 and inserting in lieu thereof the words "one County".
An amendment offered by Mr. Sanders of Richmond was read and lost.
An amendment offered by Mr. Reed of Cobb was ruled out of order by the Speaker.
An amendment offered by Mr. Sanders of Richmond was read and lost.
WEDNESDAY, FEBRUARY 1, 1956
563
An amendment offered by Mr. Sanders of Richmond was read and lost.
Mr. Smith of Emanuel moved the previous question on the Bill and amend ments and the call was sustained.
The main question was ordered.
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. Terrell of Decatur moved the ayes and nays and the call was sustained.
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Bagby Barber of Colquitt Barker Baughman Birdsong Black Blackburn Blalock Bloodworth Brannen Brown Caldwell Callier Campbell Carlisle Chastain Cloud Cocke Coker of Walker Cotton Cowart Coxwell Deal Dean of Rockdale Deen of Bacon Denmark Denson Drinkard Duke Duncan Edenfield Elder Eyler Fain Floyd
Flynt Fordham Foster Fowler of Douglas Fowler of Tift Garrard 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 Hodges Hogan Houston Huddleston Hudson Hurst Ivey Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Lumpkin Jones of Sumter Kennedy of Turner Kennedy of Tattnall Key
Killian Killingsworth King of Chattahoochee King of Pike Kitchens Land Larkins Lavender Lindsey Lokey Long Love Lowe Mallory Martin Mashburn Massee Matheson of Hart Mathis of Lowndes Matthews Mauldin McCracken McGarity McKenna Mobley Moorman Mull Murphey of Crawford Murphy of Haralson Musgrove Odom Palmer Peacock Pelham Perkins Peters Pettey
564
JOURNAL OP THE HOUSE,
Phillips of Columbia Phillips of Walton Potts Eamsey Raulerson Ray Register Roughton Rowland Ruark Sheffield
Singer Sivell Smith of Evans Hoke Smith of Fulton Souter Stevens of Marion Stewart Stripling Tamplin Tanner Todd
Truelove Turk Underwood of Bartow Upshaw Weems Wheeler Willis Wilson of Towns Wooten
Those voting in the negative were Messrs:
Ayers Bentley Bolton Chambers Cheatham Cheek Cornelius Dozier Freeman Frier Gilleland Gunter Hall Holley Jones of Laurens
Lam Lanier Mackay McKelvey McWhorter Mincy Moore Murr Nightingale Nilan Parker Pickard Reed Russell Rutland
Sanders Smith of Emanuel M. M. Smith of Fulton Sognier Stephens of Clarke Strickland Terrell Underwood of
Montgomery Veal Watson Williams Willingham Wright Young
On the passage of the Bill, as amended, the ayes were 143, nays 44.
The Bill, having received the requisite constitutional majority, was passed, as amended.
The Bill was ordered transmitted immediately to the Senate.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
The Senate has agreed to the House amendment to the following Bill of the Senate:
SB 75. By Senators Harden of the 27th, Shurling of the 21st, Dykes of the 14th, Coffin of the llth, Dean of the 40th and many others:
A Bill to be entitled an Act to fix the domicile of corporations engaged in publishing newspapers, magazines and other periodicals; to fix the venue of actions in tort against such corporations; and for other purposes.
The following Bills of the House were taken up for the purpose of con sidering the Senate amendments thereto:
WEDNESDAY, FEBRUARY 1, 1956
565
HB 114. By Messrs. Blalock of Clayton and Rutland of DeKalb:
A Bill to be entitled an Act to establish a tolerance or increase of 13% on certain sizes and weights and loads of motor vehicles; and for other purposes.
The following Senate amendment was read:
The Senate moves to amend HB 114 by striking Section 3 and inserting a new Section 3 as follows:
"Section 3. Any person violating this Act or operating any motor vehicle on the public roads or highways of this State having a greater length than authorized by this Act or with a gross weight in excess of that permitted by this Act shall be guilty of a misdemeanor and, on conviction shall be punished as provided by law: Provided, however, that no fine imposed for any such violation shall be less than $25.00, or 1^ per pound for the first 1,000 pounds of excess weight, plus 24 per pound for the next 2,000 pounds of excess weight, plus 3$ per pound for the next 2,000 pounds of excess weight, plus 4$ per pound for the next 3,000 pounds of excess weight, plus 5^ per pound for all excess weight above 8,000 pounds, whichever may be greater.
"It shall be the duty of the Department of Public Safety, and of all other law enforcement officers, to enforce this Act."
Mr. Groover of Bibb moved that the House agree to the Senate amendment to HB 114.
On the motion to agree, the ayes were 130, nays 0.
The Senate amendment was agreed to.
HB 200. 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 following Senate amendment was read:
Senator Hopkins of the 4th District moves to amend HB 200, as follows:
By Striking from the title of the Bill the words and Figures:
"From and after January 1, 1959" and by striking from Section 3 of said Bill the last sentence of said section reading:
"The provisions of this Section of this Act shall not become effec tive until January 1, 1959, and thereupon, but not until then, Section 2 of an Act entitled 'An Act to amend the charter of the City of Bruns wick, Georgia-- x x x; and for other purposes,' approved February 17, 1950, shall become null and void and repealed."
Mr. Nightingale of Glynn moved that the House agree to the Senate amendment to HB 200.
566
JOURNAL OF THE HOUSE,
On the motion to agree, the ayes were 118, nays 0.
The Senate amendment was agreed to.
Under the regular order of business, the following Bill of the House was taken up for consideration and read the third time:
HB 278. By Mr. Freeman of Monroe:
A Bill to be entitled an Act to amend an Act providing pensions to the firemen of the State of Georgia; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 113, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
The following Resolution of the House was read and referred to the Com mittee on State of Republic:
HR 152. By Messrs. Gates of Burke, McGarity of Henry, Bodenhamer of Tift, Fowler of Douglas, and Reed of Cobb:
A Resolution to create a committee to study the dairy industry in Georgia; and for other purposes.
The following Resolution of the House was read and adopted:
HR 153. By Messrs. Houston and King of Whitfield, Love of Catoosa, Long of Murray, Freeman of Monroe, and Palmer of Mitchell:
A Resolution extending the best wishes of the House to Honorable Jack Tarpley, Representative of Union County; and for other purposes.
Mr. Groover of Bibb moved that the House do now adjourn until 9:30 to morrow morning, and the motion prevailed.
Leave of absence was granted to Mr. Killian of Glynn for Thursday, Feb ruary 2, 1956.
The Speaker Pro Tempore announced the House adjourned until 9:30 to morrow morning.
THURSDAY, FEBRUARY 2, 1956
567
Representative Hall, Atlanta, Georgia. Thursday, February 2, 1956.
The House met pursuant to adjournment this day at 9:30, 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
Barber of Jackson Barker Baughman Bentley Birdsong Black Blackburn Blalock Bloodworth Brannen Brown Caldwell Callier Carlisle Cason Gates Chambers Cheatham Cheek Clary Cocke Coker of Cherokee Cotton Cowart Coxwell Dean of Rockdale Deen of Bacon Drinkard Duke Duncan Edenfield Eyler Fain Floyd Foster Fowler of Douglas Freeman Frier Garrard Gilleland Gillis Green of Rabun
Greene of Crisp Grimsley Groover
Gross of Stephens Gross of Dade Gunter Hall Harrell Harrison of Jeff Davis Harrison of Wayne Hawkins Hayes Henderson Hodges Hogan Huddleston Hudson Hurst Ivey Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Worth Jones of Lumpkin Jones of Laurens Jordan Kennedy of Tattnall Key Kilgore Killingsworth King of Pike Kitchens Land Lindsey Lokey Long Lowe Mackay Mallory Martin Matheson of Hart Mathis of Lowndes Matthews
McGarity McKenna Mincy Mobley Moore Mull Murphey of Crawford Murphy of Haralson Murr Musgrove Nightingale Nilan Odom Palmer Peacock Pelham Pettey Phillips of Columbia Phillips of Walton Potts Raulerson Ray Reed Register Roughton Russell Sanders Scoggin Sivell Smith of Evans Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton Sognier Souter Stephens of Clarke Stevens of Marion Stewart Strickland Stripling Tamplin Todd Truelove Turk
568
JOURNAL OF THE HOUSE,
Twitty Underwood of
Montgomery Veal
Weems Williams Willingham Willis
Wilson of Towns Wilson of Peach Wooten Wright
Those not answering the roll call were Messrs.:
Alien Bagby Barber of Colquitt Bodenhamer Bolton Campbell Chastain Cloud Coker of Walker Cornelius Denmark Denson Dozier Elder English Flynt Fordham Fowler of Tift Hardaway Hendrix Holley
Houston Jones of Sumter Kelley
Kennedy of Turner Killian King of Whitfield King of Chattahoochee Lam Lanier Larkins Lavender Love Mashburn Massee Mauldin McCracken McKelvey McWhorter Moorman Parker Perkins
Peters Pickard Kamsey Rodgers Rowland Ruark Rutland Sheffield Short Singer Tanner Tarpley Terrell Underwood of Bartow Upshaw Watson Wheeler Young Mr. Speaker
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 busi ness 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.
Mr. Raulerson of Echols moved that the following resolution of the House
THURSDAY, FEBRUARY 2, 1956
569
be withdrawn from the Committee on Amendments to the Constitution #1, read the second time and recommitted:
HR lll-319b. By Messrs. Raulerson of Echols and Rodgers of Charlton:
A Resolution proposing an amendment to the Constitution, so as to empower the General Assembly to exempt vehicles from State and County ad valorem taxes; and for other purposes.
The motion prevailed, and the Bill was withdrawn, read the second time and recommitted.
Mr. Harrison of Wayne moved that the following Bill of the Senate be withdrawn from the Committee on State of Republic, read the second time and recommitted:
SB 35. By Senators Blalock of the 36th, McBride of the 10th, Morrison of the 15th, Dews of the 9th, Jones of the 38th and others:
A Bill to be entitled an Act to comprehensively and exhaustively revise, supersede and consolidate the laws relating to the State Board of Corrections and to prisoners; and for other purposes.
The motion prevailed, and the Bill with withdrawn, read the second time and recommitted.
Mr. Groover of Bibb asked unanimous consent, that the following Bill of the House be withdrawn from further consideration of the House:
HB 255. By Messrs. Moate of Hancock, Groover of Bibb, Odom of Camden, Hawkins of Screven, Baughman of Early and Massee of Baldwin:
A Bill to be entitled an Act to fix the domicile of corporations engaged in publishing newspapers, magazines and other periodicals; and for other purposes.
The request was granted, and the Bill was withdrawn from further con sideration of the House.
By unanimous consent, the following Bills and Resolutions of the House were read the first time and referred to the Committees:
HB 431. By Mr. Ivey of Newton:
A Bill to be entitled an Act to amend an Act creating the position of Associate Public Service Commissioner, so as to provide that if an Associate Public Service Commissioner for life dies and leaves a widow, the widow shall receive one half the amount of the compensation her husband had been receiving, if they have been married for at least twenty-five years prior to his death, and for other purposes.
Referred to the Committee on Public Welfare.
570
JOURNAL OF THE HOUSE,
HB 432. By Mr. Parker of Appling:
A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Baxley, and for other purposes.
Referred to the Committee on Municipal Government.
HB 433. By Messrs. Freeman of Monroe and Blackburn of Habersham:
A Bill to be entitled an Act to amend an Act relating to the powers, duties and suspension of the County Superintendent of Schools, and for other purposes.
Referred to the Committee on Education #1.
HB 434. By Messrs. Freeman of Monroe and Blackburn of Habersham:
A Bill to be entitled an Act to amend an Act, relating to the removal of a county superintendent of schools from office, and for other pur poses.
Referred to the Committee on Education #1.
HB 435. By Messrs. Freeman of Monroe and Blackburn of Habersham:
A Bill to be entitled an Act to amend an Act creating the Minimum Foundation Program of Education in Georgia; and for other purposes.
Referred to the Committee on Education #1.
HB 436. By Messrs. Bagby of Paulding, Mackay of DeKalb, Murr of Sumter, Willingham of Cobb, Cornelius of Polk, Holley of Richmond and Regis ter of Lowndes:
A Bill to be entitled an Act to amend an Act entitled an Act to provide for the establishment of A Department of Labor; by providing for the repeal of provisions relating to the exclusion from the operation of the Act, as amended, of any railroad company the principal motive power of which is steam, or to the employees of any such railroad company; and for other purposes.
Referred to the Committee on Industrial Relations.
HB 437. By Messrs. Bodenhamer and Fowler of Tift, Clary of McDuffie, Stevens of Marion and Singer of Stewart:
A Bill to be entitled an Act to amend an Act known as the Minimum Foundation Program of Education Act by amending Section 13 of said Act and striking that portion which provides that State school tax digest used in calculating the local financial ability shall not exceed the State School tax digest for the year 1952, and for other purposes.
Referred to the Committee on Education #1.
HB 438. By Mr. Groover of Bibb:
A Bill to be entitled an Act to amend an Act relating to the authority of the Governor to employ agents, so as to limit the authority of the
THURSDAY, FEBRUARY 2, 1956
571
Governor to expend State funds in extradition cases to the authority granted in the Uniform Criminal Extradition Act; and for other purposes.
Referred to the Committee on State of Republic.
HB 439. By Messrs. Murr and Jones of Sumter:
A Bill to be entitled an Act to fix the compensation of the Chairman and the members of the Board of Education of all the counties having a population of not less than 24,200 and not more than 24,300, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 440. By Messrs. Murr and Jones of Sumter:
A Bill to be entitled an Act to authorize the governing authority of Sumter County to create and establish restricted zones or districts; and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 441. By Messrs. Murr and Jones of Sumter:
A Bill to be entitled an Act to authorize the Mayor and City Council of the City of Americus to advertise and promote the agricultural, industrial, historic, recreational and natural resources of the State of Georgia; and for other purposes.
Referred to the Committee on Municipal Government.
HB 442. By Mr. Key of Jasper:
A Bill to be entitled an Act to amend an Act of the General Assembly entitled an Act to limit the effect of and time for enforcing convey ances of real property to secure debt by providing for a reversion of title, when title shall revert, when powers of sale shall be exercised, and for other purposes.
Referred to the Committee on Special Judiciary.
HB 443. By Messrs. Potts and Stripling of Coweta:
A Bill to be entitled an Act to amend an Act relating to the regulation of the installation of warm air heating and equipment; in counties having a population of not less than 27,786 nor more than 29,000, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 444. By Mr. Russell of Barrow:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Auburn, and for other purposes.
Referred to the Committee on Municipal Government.
672
JOURNAL OF THE HOUSE,
HB 445. 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 in the County of Houston, and for other purposes.
Referred to the Committee on Municipal Government.
HB 446. By Mr. Jones of Laurens:
A Bill to be entitled an Act to amend an Act known as the Revenue Certificate Act of 1937, so as to include electric generating and dis tribution systems, electric utility systems, electric transmission lines, and for other purposes.
Referred to the Committee on Public Utilities.
HB 447. By Mr. Jordan of Wheeler:
A Bill to be entitled an Act to prohibit the cancellation or delay of removal of any automobile dealer's franchise or contract except after order of court; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 448. By Messrs. Matthews of Clarke and Bolton of Spalding:
A Bill to be entitled an Act to amend an Act relating to the relief of disabilities, so as to provide that the notice of application to remoi'e disabilities shall be published once a week for four weeks next preced ing the term of court at which the marital disabilities are removed, and for other purposes.
Referred to the Committee on General Judiciary #1.
HB 449. By Messrs. Matthews of Clarke and Bolton of Spalding:
A Bill to be entitled an Act to amend an Act relating to the granting of divorces, and for other purposes.
Referred to the Committee on General Judiciary #2.
HB 450. By Messrs. Gillis of Treutlen, Underwood of Montgomery and Matthews of Clarke:
A Bill to be entitled an Act to amend an Act known as the Uniform Act regulating Traffic on Highways, by striking that portion which provides that the Department of Public Safety may suspend or revoke licenses of any person convicted under this Section; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 451. By Messrs. Killian and Nightingale of Glynn:
A Bill to be entitled an Act to amend an Act relating to the regulation of the installation of Warm Air Heating Equipment, so as to provide that counties having a population of not less than 29,046 and not more
THURSDAY, FEBRUARY 2, 1956
573
than 29,705 shall come within the terms and provisions of said Act, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 452. By Mr. Pettey of Pulaski:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues of Pulaski County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 453. By Mr. Singer of Stewart:
A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Richland, and for other purposes.
Referred to the Committee on Municipal Government.
HB 454. By Mr. Matthews of Clarke:
A Bill to be entitled an Act to repeal an Act entitled an Act to provide for the giving of security by owners and operators of motor vehicles; to provide that a certain Act repealed by the aforesaid Act shall not be reinstated hereby; and for other purposes.
Referred to the Committee on Motor Vehicles.
HR 154-454a. By Mr. Harrison of Wayne:
A Resolution to compensate Reverend L. N. Yarborough; and for other purposes.
Referred to the Committee on Special Appropriations.
HR 155-454b. By Mr. Fowler of Tift:
A Resolution to compensate Mrs. Lillian Lord for damages; and for other purposes.
Referred to the Committee on Special Appropriations.
HR 156-454c. By Mr. Hurst of Quitman:
A Resolution to compensate Clifford W. Kegg of Warsaw, Indiana, and for other purposes.
Referred to the Committee on Special Appropriations.
HR 157-454d. By Messrs. Lindsey and Bolton of Spalding:
A Resolution to compensate Nolin Burl Randolph for damages, and for other purposes.
Referred to the Committee on Special Appropriations.
574
JOURNAL OP THE HOUSE,
HE 158-454e. By Mr. Love of Catoosa:
A Resolution to compensate T. W. Christian of Ringgold, Georgia for damages resulting from the death of cattle, and for other purposes.
Referred to the Committee on Special Appropriations.
HR 159-454f. By Mr. Love of Catoosa:
A Resolution to compensate Mr. George W. Walker for damages to his automobile, and for other purposes.
Referred to the Committee on Special Appropriations.
HR 160-454g. By Mr. Love of Catoosa:
A Resolution to compensate Mr. R. C. Grumpier for damages to his automobile, and for other purposes.
Referred to the Committee on Special Appropriations.
HB 455. By Messrs. Pickard of Muscogee and Duncan of Carroll:
A Bill to be entitled an Act to provide that no person shall construct or operate in intrastate commerce within this State any pipeline or any distribution system or any extension thereof or sell from such pipeline or acquire ownership or control of such pipeline, without first obtaining from the Georgia Public Service Commission a certifi cate that the public convenience and necessity require such construc tion, operation or acquisition; and for other purposes.
Referred to the Committee on Public Utilities.
HB 456. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to aid the financial position of the political subdivision of the State by increasing the market-ability of the execu tions issued by the political subdivisions of the State for non-payment of taxes due on real property, by the fixing of the qualities and inci dents of such executions; and for other purposes.
Referred to the Committee on Ways and Means.
HB 457. By Mr. Harrison of Wayne:
A Bill to be entitled an Act to amend the Georgia Retailer's and Con sumers' Sales & Use Tax Act, so as to provide a maximum tax of $300.00 on any one sale or use of any one item or article of tangible personal property, rental, or services otherwise taxable under that Act, and for other purposes.
Referred to the Committee on Ways and Means.
By unanimous consent, the following Committee Reports were submitted and read:
Mr. McGarity of Henry County, Chairman of the Committee on General Agriculture #2, submitted the following report:
THURSDAY, FEBRUARY 2, 1956
575
Mr. Speaker:
Your Committee on General Agriculture #2, has had under consideration the following Bill of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendation:
SB 50. Do Pass.
Respectfully submitted,
McGarity of Henry,
Chairman.
Mr. Freeman of Monroe County, Chairman of the Committee on Amendments to Constitution #1, submitted the following report:
Mr. Speaker:
Your Committee on Amendments to Constitution $1 has had under con sideration the following Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recom mendations :
HR 14- 37a. Do Not Pass.
HR 69-200d. Do Pass.
HR 139-399c. Do Pass.
HR 64-194a. Do Pass.
HR 47-129c. Do Pass.
HR 138-399b. 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 tion the following Bills of the House and Senate and has instructed me as Chair man, to report the same back to the House with the following recommendations:
SB 82. Do Pass.
HB 367. Do Pass.
HB 377. Do Pass.
HB 365. Do Pass.
HB 390. Do Pass. HB 427. Do Pass.
HB 368. Do Pass.
576
JOURNAL OF THE HOUSE,
HB 410. Do Pass. HB 392. Do Pass. HB 412. Do Pass. HB 369. Do Pass. HB 419. Do Pass. HB 421. Do Pass. HB 411. Do Pass. HB 420. Do Pass. HB 373. Do Pass. HB 378. Do Pass. HB 414. Do Pass. HB 399. Do Pass. HB 381. Do Pass. HB 413. Do Pass. HB 371. Do Pass. HB 386. Do Pass. HB 391. Do Pass. HB 385. Do Pass. HB 285. Do Pass, as amended.
Respectfully submitted, Short of Colquitt, 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 recommendation:
HB 426. Do Pass.
Respectfully submitted,
Mauldin of Gordon,
Chairman.
Mr. Carlisle of Bibb County, Chairman of the Committee on General Judiciary #2, submitted the following report:
THURSDAY, FEBRUARY 2, 1956
577
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 236. Do Not Pass.
Respectfully submitted,
Carlisle of Bibb,
Chairman.
Mr. Lavender of Elbert County, Chairman of the Committee on Education #2, submitted the following report:
Mr. Speaker:
Your Committee on Education #2 has had under consideration the following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 366. Do Pass.
HB 388. Do Pass.
Respectfully submitted,
Lavender of Elbert,
Chairman.
By Carl E. Sanders, Sec., Education #2.
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 Bills of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 14. Do Pass, by substitute.
SB 56. Do Pass.
Respectfully submitted,
Russell of Barrow,
Chairman.
Mr. Jones of Lumpkin County, Chairman of the Committee on Motor Ve hicles, submitted the following report:
Mr. Speaker: Your Committee on Motor Vehicle has had under consideration the following
578
JOURNAL OF THE HOUSE,
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 46. Do Pass. HB 320. Do Pass, as amended.
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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 152. Do Pass.
HB 153. Do Pass.
HB 154. Do Pass.
HB 403. Do Pass.
HB 404. Do Pass.
HB 405. Do Pass.
HB 406. Do Pass.
HB 4J5. Do Pass.
HB 417. Do Pass.
HB 429. Do Pass.
SB 76. 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 has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 52-163a. Do Pass.
HR 142-3991 Do Pass.
HR 67-200b. Do Pass.
THURSDAY, FEBRUARY 2, 1956
579
HR 53-163b. Do Pass.
Respectfully submitted, Ramsey of Effingham, Chairman.
Mr. Veal of Putnam County, Vice-Chairman of the Committee on Special Appropriations, submitted the following report:
Mr. Speaker: Your Committee on Special Appropriations has had under consideration the
following Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 90-261d. Do Pass, as amended. HR 94-261b. Do Pass, as amended. HR 7- 18g. Do Pass, as amended. HR 58-163g. Do Pass. HR 106-300g. Do Pass. HR 8- 18h.. Do Not Pass.
Respectfully submitted, Veal of Putnam, Vice-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 fol lowing Senate and House Bills and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 133. Do Pass. HB 348. Do Pass. HB 359. Do Pass. HB 351. Do Pass. SB 42. Do Pass.
Respectfully submitted, Hawkins of Screven, Chairman.
Mr. Hawkins of Screven County, Chairman of the Committee on Special Judiciary, submitted the following report:
580
JOURNAL OP THE HOUSE,
Mr. Speaker:
Your Committee on Special Judiciary 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 168. Do Pass, by substitute.
Respectfully submitted,
Hawkins of Screven,
Chairman.
Mr. Drinkard of Lincoln County, Chairman of the Committee on State of 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 131. Do Pass, by substitute.
Respectfully submitted,
Drinkard of Lincoln,
Chairman.
Mr. Drinkard of Lincoln County, Chairman of the Committee on State of Republic, submitted the following report: Mr. Speaker:
Your Committee on State of Republic has had under consideration the fol lowing Bills and Resolutions of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommenda tions :
HB 266. Do Pass, as amended. HB 382. Do Pass. HB 169. Do Pass. HB 4. Do Not Pass. HB 14. Do Not Pass. HB 186. Do Pass. HB 207. Do Pass. HB 393. Do Pass. HB 323. Do Pass. HR 37. Do Pass. HR 135. Do Pass. HR 2-18B. Do Not Pass.
THURSDAY, FEBRUARY 2, 1956
581
SB 7. Do Not Pass. HB 241. Do Pass. HB 190. Do Pass. HB 394. Do Pass. HB 139. Do Pass.
Respectfully submitted, Drinkard of Lincoln, Chairman.
Mr. Drinkard of Lincoln County, Chairman of the Committee on State of Republic, submitted the following report:
Mr. Speaker:
Your Committee on State of Republic has had under consideration the fol lowing Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 301. Do Pass, as amended.
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 Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 384. 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 133. By Mr. Dean of Rockdale:
A Bill to be entitled an Act to provide for taxation of homesteaded residential lots lying within the limits of two or more school districts, and for other purposes.
HB 266. By Mr. Groover of Bibb: A Bill to be entitled an Act to provide for the partial abatement of the
582
JOURNAL OP THE HOUSE,
gross premium tax levied against insurance companies, and for other purposes.
HB 285. By Mr. Dozier of Miller:
A Bill to be entitled an Act to amend an Act providing for the use of voting machines in Miller County, and for other purposes.
HB 320. By Mr. Tarpley of Union:
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; and for other purposes.
HB 348. By Mr. Dean of Rockdale:
A Bill to be entitled an Act to provide for the appointment of an assistant Solicitor General in Judicial Circuits having two or more Judges of Superior Courts in such circuit, and for other purposes.
HB 351. By Mr. Bentley of Cobb:
A Bill to be entitled an Act to provide that a parent or guardian shall be liable for the wilful and wanton torts of his minor child in an amount not to exceed five hundred dollars; and for other purposes.
HB 359. By Messrs. Fowler of Douglas, Moate of Hancock and Groover of Bibb:
A Bill to be entitled an Act to permit a sheriff of any county in the State to the delegate to the Tax Collector or Tax Commissioner of such county, the power and authority to levy and conduct judicial sales in the manner now provided by law for sales by Sheriffs, such authority to apply only to Tax fi fas. issued by such Tax Collector or Tax Com missioner; and for other purposes.
HB 365. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to permit a sheriff of any county having a population in excess of 12,000 but no more than 12,200, to delegate to the Tax collector or tax commissioner of such county, the power and authority to levy and conduct judicial sales in the manner now provided by law for sales by sheriffs, and for other purposes.
HB 366. By Messrs. Hall of Floyd, Moate of Hancock, Floyd of Chattooga, Henderson of Atkinson, Smith of Emanuel and many others:
A Bill to be entitled an Act to amend an Act establishing a retirement
system for certain teachers in the public and State supported schools,
and for other purposes.
:
HB 367. By Messrs. Hall, Scoggin and Wright of Floyd:
A Bill to be entitled an Act to amend an Act entitled An Act to author ize and empower Floyd County by and through its Board of Commis sioners of Roads and Revenue to provide, construct and/or maintain in the territory of said County outside the limits of incorporated munici palities, and for other purposes.
THURSDAY, FEBRUARY 2, 1956
583
HB 369. By Messrs. Hall, Scoggin and Wright of Floyd:
A Bill to be entitled an Act to provide for the compensation of the members of the County Board of Education of Floyd County; and for other purposes.
HB 371. By Messrs. Mathis and Register of Lowndes:
A Bill to be entitled an Act to provide for the use of voting machines, for casting, registering, recording and computing ballots or votes in all elections including primaries and municipal elections in the County of Lowndes, and for other purposes.
HB 373. By Mr. Kennedy of Tattnall:
A Bill to be entitled an Act to amend an Act establishing the City Court of Reidsville, so as to provide for payment of the insolvent cost of said court, and for other purposes.
HB 377. By Messrs. Hall, Scoggin and Wright of Floyd:
A Bill to be entitled an Act to abolish the present mode of compensation accruing to the office of Solicitor-General of the Rome Judicial Circuit, other than the salary paid out of the Treasury of the State, and for other purposes.
HB 378. By Messrs. Chambers, Holley and Sanders of Richmond:
A Bill to be entitled an Act to authorize the Ordinary of any county having a population of not less than 100,000 nor more than 114,000 to maintain microfilm records of the official organ of the County or news papers and such other records as may be required by law; and for other purposes.
HB 381. By Messrs. Watson and Denson of Dougherty:
A Bill to be entitled an Act to amend an Act to provide for fire protection districts in Dougherty County, and for other purposes.
HB 385. By Mr. Sanders of Richmond:
A Bill to be entitled an Act to amend an Act 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.
HB 384. By Messrs. Moate of Hancock, Willingham of Cobb and Groover of Bibb:
A Bill to be entitled an Act to amend an Act, being a portion of the Income Tax Laws, and for other purposes.
HB 386. By Messrs. Sognier, Cheatham and Eyler of Chatham, Rutland, Mackay and McWhorter of DeKalb:
A Bill to be entitled an Act to amend an Act pertaining to the at tendance of witnesses and the fees therefor, so as to provide for the payment of fees to any sheriff, deputy sheriff, or member of any mu-
584
JOURNAL OF THE HOUSE,
nicipal or county police force attending any court having jurisdiction to enforce penal laws of this State or attending any grand jury, in cer tain counties, and for other purposes.
HB 388. By Messrs. Mackay, Rutland and McWhorter of DeKalb:
A Bill to be entitled an Act to amend an Act entitled a Uniform Act Regulating traffic on Highways, so as to prohibit the transportation of school children in any school bus found to be unsafe by a member of the Georgia State Patrol, and for other purposes.
HB 390. By Messrs. Hall, Scoggin and Wright of Floyd:
A Bill to be entitled an Act to abolish the present mode of compensation accruing to the offices of Clerk of the Superior Court, Clerk of the City Court, Ordinary, Sheriff of the City Court and Sheriff of Floyd County, and for other purposes.
HB 391. By Mr. Jones of Lumpkin:
A Bill to be entitled an Act to provide for the terms of court of the Superior Court of Lumpkin County; and for other purposes.
HB 392. By Mr. Russell of Barrow:
A Bill to be entitled an Act creating a Board of Commissioners of Roads and Revenues for the County of Barrow, and for other purposes.
HB 399. By Messrs. Foster and Blalock of Clayton:
A Bill to be entitled an Act to amend an Act creating a three member Board of Commissioners of Roads and Revenues of Clayton County and for other purposes.
HB 403. By Mr. Ramsey of Effingham:
A Bill to be entitled an Act to amend an Act incorporating the Town of Rincon in the County of Effingham, and for other purposes.
HB 404. 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.
HB 405. By Mr. Souter of Macon: A Bill to be entitled an Act to amend an Act incorporating the Town of Ideal, and for other purposes.
HB 406. 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 410. By Mr. Fowler of Douglas: A Bill to be entitled an Act to authorize the governing authority of
THURSDAY, FEBRUARY 2, 1956
585
Douglas County to create and establish restricted zones or districts, and for other purposes.
HB 411. By Mr. Jones of Lumpkin:
A Bill to be entitled an Act to amend an Act consolidating the office of Tax Receiver and Tax Collector of Lumpkin County into the office of Tax Commissioner of Lumpkin County, and for other purposes.
HB 412. By Messrs. Floyd and Weems of Chattooga:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues of Chattooga County, and for other purposes.
HB 413. By Messrs. Floyd and Weems of Chattooga:
A Bill to be entitled an Act to amend an Act creating the City Court of Chattooga County, and for other purposes.
HB 414. By Messrs. Floyd and Weems of Chattooga:
A Bill to be entitled an Act to repeal an Act creating a Board of Com missioners of Roads and Revenues of Chattooga County, and for other purposes.
HB 415. By Mr. Bagby of Paulding:
A Bill to be entitled an Act to amend, consolidate, and supersede the several Acts incorporating the Town of Hiram, and for other purposes.
HB 417. By Messrs. Sognier, Cheatham and Eyler of Chatham:
A Bill to be entitled an Act to amend the Charter of the Mayor and Aldermen of the City of Savannah; to close and sell to Taliaferro Bap tist Church that portion of Macon Street in the City of Savannah, and for other purposes.
HB 419. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A Bill to be entitled an Act to fix the salary of the Sheriff of Fulton County; to make the effective date of this Act January 1, 1957, and for other purposes.
HB 420. 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 for the retirement of the Judges and the Solicitor-General of the crimi nal 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 421. 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 fix the compensation of Commissioners of Roads and Revenues in certain coun ties, and for other purposes.
586
JOURNAL OF THE HOUSE,
HB 426. By Messrs. Cloud and Terrell of Decatur and Harrell of Grady:
A Bill to be entitled an Act to amend an Act known as the Georgia Retailers' and Consumers Sales and Use Tax Act, so as to provide that the tax imposed shall not apply to certain materials, and for other purposes.
HB 427. By Messrs. Sanders, Chambers and Holley of Richmond:
A Bill to be entitled an Act to provide for the appointment of a special trial assistant in the office of the Solicitor-General in counties having a population of not less than 75,000 and nor more than 112,500, and for other purposes.
HB 429. By Mr. Harrison of Wayne:
A Bill to be entitled an Act to ratify the action of the Mayor and Council of the City of Jesup relative to the issuance of a deed to a portion of an alley located in said city; and for other purposes.
HB 169. By Messrs. Willingham of Cobb, Groover of Bibb, Scoggin, Hall and Wright of Floyd:
A Bill to be entitled an Act to amend an Act relating to the powers, duties, and liabilities in general of Municipal Corporations, so as to provide that Municipal Corporations may, by Ordinance, regulate the movement of traffic over the streets and roadways within the corporate limits, and for other purposes.
HB 139. By Mr. Jordan of Wheeler:
A Bill to be entitled an Act to provide for the revocation of the charter of any municipality which does not maintain segregation in any facilities of such municipality which are open to the public; and for other pur poses.
HB 186. By Messrs. Groover of Bibb, Blalock of Clayton, Lavender of Elbert, Coker of Cherokee and Chastain of Thomas:
A Bill to be entitled an Act to create the position of Fiscal Control Officer within the State Department of Education; and for other pur poses.
HB 190. By Messrs. Groover of Bibb, Coker of Cherokee and Chastain of Thomas:
A Bill to be entitled an Act to provide all leases of State property for a term of more than one year shall be ratified by the Senate; to provide that certain leases of State property shall be reviewed by the Attorney General so as to ascertain whether the same may be cancelled; and for other purposes.
HB 207. By Messrs. Groover of Bibb, Chastain of Thomas, Blalock of Clayton and Coker of Cherokee:
A Bill to be entitled an Act to provide for a physical examination as a prerequisite for employment by the State; and for other purposes.
THURSDAY, FEBRUARY 2, 1956
587
HB 241. By Messrs. Groover of Bibb, Chastain of Thomas, Lavender of Elbert and Coker of Cherokee:
A Bill to be entitled an Act to dispose of the Confederate Soldiers' Home; to provide for the care of the widows now living in this home in private nursing homes, and-for other purposes.
HB 301. By Messrs. Carlisle of Bibb, Huddleston of Fayette, Jordan of Wheeler, Garrard of Wilkes, Jackson of Jones, Land of Wilkinson, Pettey of Pulaski, Hayes and Tanner of Coffee and many others:
A Bill tp be entitled an Act to prohibit the appropriation or expendi ture of any State,; county, municipal or other public funds for the maintenance, upkeep, operation or support of any public school or institution providing educational or training courses or programs of any nature or character whatsoever, including but not limited to, schools providing technical courses, nurses training courses, manual training courses and any and all other vocational or educational courses where such schools or institutions do not provide separate schools or classes for the white and colored races; and for other purposes.
HB 323. By Mr. Nightingale of Glynn:
A Bill to be entitled an Act to amend an Act relating to voting by mail by persons other than military personnel; and for other purposes.
HB 382. By Messrs. Moate of Hancock, Willingham of Cobb and Groover of Bibb:
A Bill to be entitled an Act to amend the Intangible Property Tax Act of 1953, which shall provide a procedure whereby a taxpayer who files a written protest with the tax collector or tax commissioner of a county, or his deputy, at the time of paying to him an amount claimed by such tax collector or tax commissioner, or his deputy to be collectible as a tax under Section 4 of Part I of said Act, and for other purposes.
HB 393. By Messrs. Groover of Bibb, Floyd of Chattooga, Campbell and Coker of Walker, Lowe of Oglethorpe and Sheffield of Brooks:
A Bill to be. entitled an Act to amend an Act entitled "Public Safety Department Act", so as to change the amount of the fee required for the issuance of a duplicate license; and for other purposes.
HB 394. By Mr. Groover of Bibb:
A Bill to be entitled an Act to amend an Act providing for absentee vetting by members of the Military, and for other purposes.
HR 7-18g. By Messrs. Duke and Massee of Baldwin:
A Resolution to compensate Thulia Lindsley by the Welfare Department, and for other purposes.
HR 47-129c. By Messrs. Moate of Hancock, Groover of Bibb and Lokey of Fulton:
A Resolution proposing an amendment to the Constitution, providing that the General Assembly may, at any time, by a majority vote of
588
JOURNAL OF THE HOUSE,
both branches prescribe other and different salaries for all the elective officers, and for other purposes.
HR 52-163a. By Messrs. Matthews and Stephens of Clarke:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the Ordinary of Clarke County; and for other purposes.
HR 53-163b. By Mr. Fowler of Douglas:
A Resolution authorizing and directing the State Librarian to furnish certain law books to Douglas County; and for other purposes.
HR 58-163g. By Mr. Underwood of Bartow:
A Resolution to compensate Leon Lewis for damages to his farm machinery; and for other purposes.
HR 64-194e. By Messrs. Groover of Bibb, Lavender of Elbert, Coker of Cherokee, and Chastain of Thomas:
A Resolution proposing an amendment to the Constitution so as to change the method of amending the Constitution; and for other pur poses.
HR 67-200b. By Mr. Cowart of Calhoun:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the Clerk of the Superior Court of Calhoun County, and for other purposes.
HR 69-200d. By Messrs. Moate of Hancock, Groover of Bibb, Lokey of Fulton, Cheatham of Chatham, Lindsey of Spalding, Hawkins of Screven and others:
A Resolution proposing an amendment to the Constitution, fixing the terms of the Justices of the Supreme Court, the Judges of the Court of Appeals, and the Judges of the Superior Courts of this State; providing for filling vacancies in the office of Justice of the Supreme Court and the Office of Judge of the Court of Appeals, and for other purposes.
HR 90-261d. By Messrs. Cheatham, Eyler and Sognier of Chatham:
A Resolution authorizing compensation to Theolia F. Todd for damages; and for other purposes.
HR 94-261h. By Mr. Barber of Jackson:
A Resolution to compensate Mr. Lamar Jamerson for injuries, and for other purposes.
HR 106-300g. By Messrs. Cates and Mobley of Burke: A Resolution to compensate M. V. Parkerson, and for other purposes.
THURSDAY, FEBRUARY 2, 1956
589
HR-138-399b. By Mr. Singer of Stewart:
A Resolution proposing an amendment to the Constitution so as to pro vide for the election of members of the Board of Education of Stewart County, and for other purposes.
HR 139-399c. By Messrs. Perkins of Carroll, Bagby of Paulding, Huddleston of Fayette, Sivell of Harris and Fain of Franklin:
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.
HR 142-399f. By Messrs. Foster and Blalock of Clayton:
A Resolution authorizing the State Librarian to furnish to the Superior Court of Clayton County, without cost to said county, certain law books; and for other purposes.
SB 14. By Senators Harper of the 26th, Brooks of the 50th, Turner of the 34th and Ursrey of the 54th:
A Bill to be entitled an Act to create certain regulations concerning insurance companies which sell accident and sickness and hospitalization insurance; and for other purposes.
SB 42. By Senator Overby of the 33rd:
A Bill to be entitled an Act to define "registered mail" as including "certified mail", and for other purposes.
SB 46. By Senator Matthews of the 47th:
A Bill to be entitled an Act to regulate the sale of brake fluid; to pro vide for specifications; and for other purposes.
SB 50. By Senator Zellner of the 22nd:
A Bill to be entitled an Act to create a Livestock Disease Control Board and for other purposes.
SB 56. By Senators Turner of the 34th and Harper of the 26th:
A Bill to be entitled an Act authorizing insurance companies organized and doing business by virtue of the laws of this State to acquire and hold real property for the purpose of renting and leasing same; and for other purposes.
SB 76. By Senator Coffin of the llth:
A Bill to be entitled an Act to amend the Charter of the City of Dawson, and for other purposes.
590
JOURNAL OF THE HOUSE,
SB 82. By Senator Page of the 1st:
A Bill to be entitled an Act to create a Civil Service System for Chatham County; and for other purposes.
HE 37. By Mr. Harrison of Wayne:
A Resolution expressing the opposition of the General Assembly of Georgia to the passage of the Federal Aid for Education Bill; and for other purposes.
HR 131. By Messrs. Blalock of Clayton and Sanders of Richmond:
A Resolution creating the Committee to study the advisability of (1) conforming the Georgia Income Tax Laws as early as practicable to the Federal Income Tax Laws with respect to the determination and: classification of a taxable net income, and (2) of providing for a State income tax withholding system; and for other purposes.
HR 135. By Mr. Bagby of Paulding:
A Resolution authorizing the Speaker of the House to appoint a special committee to investigate the alleged soliciting of funds to create a slush fund for the purpose of defeating non-existent legislation in the Gen eral Assembly of Georgia; 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 151. By Messrs. Carlisle, Groover and McKenna of Bibb:
A Bill to be entitled an Act to vest title 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 103, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 302. By Mr. Fain of Franklin:
A Bill to be entitled an Act to amend an Act incorporating the City of Royston; and for other purposes.
The report 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 2, 1956
591
HB 304. 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 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 307. By Mr. Bloodworth of Houston:
:
A Bill to be entitled an Act to amend an Act creating a city charter for 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 106, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 308. By Mr. Bloodworth of Houston:
A Bill to be entitled an Act to amend an Act creating and establishing a charter for the City 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 107, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 312. By Mr. Long of Murray:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Chatsworth; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 108, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 314. By Messrs. Kilgore and Kelley of Gwinnett:
.-;
A Bill to be entitled an Act to create a new municipality in Gwinnett County, Georgia, to be known as the City of Berkeley Lake; and for other purposes.
592
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 329. By Messrs. Cloud and Terrell of Decatur:
A Bill to be entitled an Act to amend an Act establishing the City Court of Bainbridge; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 330. 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.
The report 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 331. By Messrs. Pordham and Alien of Bulloch:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Statesboro; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nay 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 332. By Messrs. Foster and Blalock of Clayton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of College Park; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 113, nays 0.
THURSDAY, FEBRUARY 2, 1956
593
The Bill, having received the requisite constitutional majority, was passed.
HB 342. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to authorize the Mayor and Council of the City of Athens and the Board of Commissioners of Roads and Revenue of Clarke County to give to the United States a tract of land located in the City of Athens and bounded on the north by Bearing Street and a sixteen foot alley; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 343. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to amend Section 11 of the Amendment to the Charter of the Mayor and Council of the City of Athens; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 344. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to amend an Act to amend the Charter of the Town of Athens; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 347. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to amend an Act to amend the Charter of the Town of Athens; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 117, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
594
JOURNAL OF THE HOUSE,
HB 358. 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.
The report 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 360. By Mr. Underwood of Montgomery:
A Bill to be entitled an Act to amend an Act to incorporate the Town of Ailey; and for other purposes.
The report 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 362. By Mr. Underwood of Montgomery: A Bill to be entitled an Act to amend an Act creating a new charter for the town of Mt. Vernon, in the County of Montgomery; and for other purposes.
The report 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 364. By Messrs. Gunter and Williams of Hall: A Bill to be entitled an Act to amend the Charter of the City of Gainesville; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 121, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 368. By Mr. Todd of Glascock: A Bill to be entitled an Act to consolidate the offices of Tax Receiver
THURSDAY, FEBRUARY 2, 1956
595
and Tax Collector of Glascock County into the office of Tax Commis sioner of Glascock County; and for other purposes.
The report 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 370. By Mr. Dean of Rockdale:
A Bill to be entitled an Act to amend an Act incorporating 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 123, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 374. By Mr. Dean of Rockdale:
A Bill to be entitled an Act to amend an Act to amend the charter 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 124, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 380. By Messrs. Denson and Watson of Dougherty:
A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the city of Albany; and for other purposes.
The report 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 396. By Mr. Roughton of Washington: A Bill to be entitled an Act to amend an Act creating the City Court of Sandersville; 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 OP THE HOUSE,
On the passage of the Bill, the ayes were 126, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 401. By Mr. Jones of Worth:
A Bill to be entitled an Act to amend an Act to create a new Charter for the City of Sylvester; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 127, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 349. By Messrs. Peters and Hardaway of Meriwether:
A Bill to be entitled an Act to amend an Act to incorporate the City of Manchester in the Counties of Meriwether and Talbot; and for other purposes.
The report 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 350. By Messrs. Peters and Hardaway of Meriwether:
A Bill to be entitled an Act to amend an Act to incorporate the City of Manchester; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 104, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 59. By Senator McDonald of the 43rd: A Bill to be entitled an Act to amend, consolidate and supersede, an Act approved February 24, 1874, amending and codifying the various Acts incorporating the City of Dalton; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 103, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
THURSDAY, FEBRUARY 2, 1956
597
SB 65. By Senators Millican of the 52nd, and Turner of the 34th:
A Bill to be entitled an Act to amend an Act known as the Voters' Registration Act; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 104, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the Senate and House to wit:
SB 32. By Senator Overby of the 33rd:
A Bill to regulate the sanitary conditions of meat, poultry and dairy processing plants; to provide for inspections; to provide for rules and regulations; and for other purposes.
SB 53. By Senator Ponsell of the 5th:
A Bill to be entitled an Act to repeal an Act creating the office of Commissioner of Roads and Revenues of the County of Ware, approved August 16, 1915 (Ga. Laws 1915, p. 411), as amended; to create a Board of Commissioners of Roads and Revenues of the County of Ware; and for other purposes.
SB 57. By Senator Ponsell of the 5th:
A Bill to be entitled an Act to place the Sheriff, the Clerk of the Su perior Court, and the Ordinary of Ware County on a salary system to provide for disposition of fees collected; and for other purposes.
SB 40. By Senators Neel of the 7th and Overby of the 33rd:
A Bill to be entitled an Act to amend Sections 114-102, 114-105, 114-406, 114-709, and 114-716 of the Code, and adding new sections, so as to change certain provisions relative to the Workmen's Compensation law; and for other purposes.
SB 45. By Senator Wilkins of the 44th, Matthews of the 47th, Dean of the 40th and Jones of the 23rd:
A Bill to be entitled an Act to make it unlawful to park or leave un attended any vehicle upon the right-of-way of any State Highway for over forty-eight hours; prohibit erection of signs; provide Uniform Division of Dept. of Public Safety with power to enforce Act; provide punishment for violation; and for other purposes.
598
JOURNAL OP THE HOUSE,
SB 49. By Senators McDonald of the 43rd and Overby of the 33rd:
A Bill to amend an Act providing revenue and a source of revenue for the purpose of paying annuities and benefits to the peace officers of the State of Georgia, (Ga. Laws 1950, p. 50), so as to change the provisions relative to eligibility; and for other purposes.
SB 60. By Senator Shurling of the 21st:
A Bill to amend Chapter 23 of the Code of Georgia relating to counties so as to require a performance bond in favor of the State or County or municipal corporation or other public board or body and further to require a payment bond for the use of laborers and materialmen, sub contractors and laborers and materialmen of subcontractors; and for other purposes.
SB 98. By Senators Harden of the 27th, Davis of the 42nd, Ponsell of the 5th and others:
A Bill to be entitled an Act known as the "Ga. Military Forces Re organization Act of 1955" approved Feb. 2, 1955 (Ga. Laws 1955, p. 10) so as to change the description of the flag of the State of Ga. to provide a custodian for the flag and for distribution thereof; to pro vide an effective date; to repeal conflicting laws; and for other purposes.
SR 40. By Senators Ursrey of the 54th and Matthews of the 47th:
A Resolution to request that tobacco farmers be permitted to continue leasing tobacco allotments; and for other purposes.
HB 53. By Mr. Bentley of Cobb:
A Bill to be entitled an Act to provide that in all civil cases where the life expectancy of a person shall be an issue, the American Experience Mortality Tables shall be admissible as evidence of the life expectancy of such person; and for other purposes.
HB 178. By Messrs. Houston and King of Whitfield:
A Bill to be entitled an Act to amend an Act entitled an Act to author ize the Mayor and Council of the City of Dalton to levy a tax for the purposes of maintaining public schools; and for other purposes.
HB 179. By Messrs. Houston and King- of Whitfield:
A Bill to be entitled an Act to amend an Act relating to the Charter of the City of Dalton; and for other purposes.
HB 228. By Messrs. Chambers, Holley and Sanders of Richmond:
A Bill to be entitled an Act to abolish the office of Tax Receiver and Tax Collector of Richmond County; to create the office of Richmond County Tax Commissioner; and for other purposes.
THURSDAY, FEBRUARY 2, 1956
599
HB 231. By Messrs. Cheatham, Sognier and Eyler of Chatham:
A Bill to be entitled an Act to amend the charter of the Mayor and Aldermen of the City of Savannah, relating to the Savannah Civil Service System; and for other purposes.
HB 262. By Messrs. Poster and Blalock of Clayton:
A Bill to be entitled an Act to amend an Act entitled "An Act to in corporate the Town of Forest Park"; and for other purposes.
HB 295. By Messrs. Cornelius and McKelvey of Polk:
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 Cedartown"; and for other purposes.
HB 296. By Messrs. Cornelius and McKelvey of Polk:
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 Cedartown; and for other purposes.
HB 297. By Messrs. Blalock and Foster of Clayton:
A Bill to be entitled an Act to incorporate the City of Riverdale in the County of Clayton; and for other purposes.
HB 300. By Messrs. Groover, Carlisle and McKenna of Bibb:
A Bill to be entitled an Act to approve, ratify and confirm Acts of the City of Macon and of its Mayor and Board of Aldermen in closing and vacating and abandoning an alley in the City of Macon situate between and separating Lots 2 and 3 in Square 20; and for other purposes.
HR 16-64a. By Mr. Coker of Cherokee:
A Resolution proposing an amendment to the Constitution so as to provide for the merger of the Canton Independent School System and the Cherokee County School System into one consolidated school system; and for other purposes.
HR 17-64b. By Mr. Coker of Cherokee:
A Resolution proposing an amendment to the Constitution so as to abolish the elective office of the County School Superintendent of Cherokee County; and for other purposes.
HR 20-64c. By Mr. Greene of Crisp:
A Resolution proposing an amendment to the Constitution so as to provide that the General Assembly shall be authorized to pass a special Act or Acts to merge the existing independent school system of the City of Cordele and the existing school district in the County of Crisp, etc., and for other purposes.
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JOURNAL OF THE HOUSE,
HE 21-64f. By Mr. Barker of Heard:
A Resolution proposing an amendment to the Constitution so as to pro vide for the election of members of the Board of Education of Heard County; and for other purposes.
HR 28-96a. By Messrs. Watson and Denson of Dougherty:
A Resolution proposing an amendment to the Constitution so as to provide for the paving of streets in Dougherty County, and to authorize the cost thereof to be assessed against the property on each side of such streets; and for other purposes.
HR 33-96f. By Messrs. Watson and Denson of Dougherty:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of Dougherty County to issue and require building permits, to charge fees therefor, and to establish a building code; and for other purposes.
HR 41-110a. By Messrs. Watson and Denson of Dougherty:
A Resolution proposing an amendment to the Constitution so as to authorize the City of Albany in Dougherty County to levy a tax not to exceed one mill for the purpose of creating a fund to be used in assist ing, promoting and encouraging the location of new industries in or near the City of Albany; and for other purposes.
HR 42-110b. By Messrs. Watson and Denson of Dougherty:
A Resolution proposing an amendment to the Constitution so as to authorize Dougherty County to levy a tax not exceeding one mill on all of the taxable property in the County, to provide for the submission of this amendment for ratification or rejection; and for other purposes.
HR 50-130b. By Messrs. Cornelius and McKelvey of Polk:
A Resolution proposing an amendment to the Constitution so as to pro vide for the election of the County School Superintendent of Polk County by the people instead of the County Board of Education; and for other purposes.
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the Senate to wit:
SB 78. By Senators Overby of the 33rd, Ursrey of the 54th, Jones of the 38th and Matthews of the 47th:
A Bill to amend the Unemployment Compensation Law by modifying and liberalizing the benefit tables so as to change the weekly benefit amount, qualifications and eligibility for benefits; and for other pur poses.
THURSDAY, FEBRUARY 2, 1956
601
Mr. Speaker:
The Senate has passed by substitute by the requisite constitutional ma jority the following Bills and Resolutions of the House to wit:
HB 111. By Messrs. Moate of Hancock and Groover of Bibb:
A Bill to be entitled an Act to prohibit members of boards, bureaus, commissions, committees and other State agencies and authorities, under certain conditions, from selling goods or services to the State and such agencies and authorities on which they serve; and for other purposes.
HR 62. By Mr. Sheffield of Brooks:
A Resolution creating a committee for the purpose of discussing com mon problems with members of Legislatures from certain other States; and for other purposes.
The Senate has passed as amended by the requisite constitutional majority the following Bills of the House to wit:
HB 35. By Messrs. Tarpley of Union, Cheatham of Chatham, Lindsey of Spalding and others:
A Bill to be entitled an Act to create a Statewide Probation System; and for other purposes.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:
SB 32. By Senator Overby of the 33rd:
A Bill to be entitled an Act to regulate the sanitary conditions of meat, poultry and dairy processing plants; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
SB 40. By Senators Neel of the 7th and Overby of the 33rd:
A Bill to be entitled an Act to amend an Act so as to change certain provisions relative to the Workmen's Compensation law; and for other purposes.
Referred to the Committee on Industrial Relations.
SB 45. By Senators Wilkins of the 44th, Matthews of the 47th, Dean of the 40th and Jones of the 23rd:
A Bill to be entitled an Act to make it unlawful to park or leave un attended any vehicle upon the right-of-way of any State Highway for over forty-eight hours, and for other purposes.
Referred to the Committee on Motor Vehicles.
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JOURNAL OF THE HOUSE,
SB 49. By Senators McDonald of the 43rd and Overby of the 33rd:
... A Bill to be entitled an Act to amend an Act providing revenue and a source of revenue for the purpose of paying; annuities and benefits to the peace officers of the State of Georgia, and for other purposes.
Referred to the Committee On State of Republic.
SB 53. By Senator Ponsell of the 5th:
A Bill to be entitled an Act to repeal an Act creating the office of Commissioner of Roads and Revenues of the County of Ware, and for other purposes.
Referred to the Committee on Counties and County Matters.
SB 57. By Senator Ponsell of'the 5th:
A Bill to be entitled an Act to place the Sheriff, the Clerk of the Superior Court, and the Ordinary of Ware County on a salary system, and for other purposes.
Referred to the Committee on Counties and County Matters.
SB 60. By Senator .Shurling of the 21st:
A Bill to be entitled an Act to amend an Act relating to counties, so as to require a performance bond in favor of the State or county or municipal corporation or other public board or body and further to require a payment bond for the use of laborers and materialmen, sub contractors and laborers and materialmen of subcontractors; and for other purposes.
Referred to the Committee on General Judiciary #1.
SB 78. By Senators Overby of the 33rd, Ursrey of the 54th and others:
A Bill to be entitled an Act to amend an Act known as the "Unem ployment Compensation Law" (Now Employment Security Law) and for other purposes.
Referred to the Committee on Industrial Relations.
SB 98. By Senators Harden of the 27th, Davis of the 42nd, Ponsell of the 5th and others:
A Bill to be entitled an Act known as the Ga. Military Forces Re organization Act, so as to change the description of the Flag of the State of Georgia,: and for other purposes.
Referred to. the Committee on Historical Research.
The following Resolution of the Senate was read and adopted:
SR 40. By Senators Ursrey of the 54th and Matthews of the 47th:
A Resolution to request that tobacco farmers be permitted to continue leasing tobacco allotments; and for other purposes.
THURSDAY, FEBRUARY 2, 1956
603
The following Bills and Resolution of the House were taken up for the pur pose of considering the Senate amendments and substitutes thereto:
HB 35. By Messrs. Tarpley of Union, Cheatham of Chatham, Lindsey of Spalding and others:
A Bill to be entitled an Act to create a Statewide Probation System; and for other purposes.
The following Senate amendments to HB 35 were read:
1. Committee on Judiciary moves to amend HB 35 by adding at the end of Section 2 the following:
"A majority of the Board of Probation !shall constitute a quorum for the transaction of all business except as hereinafter provided".
2. Committee on Judiciary moves to amend HB 35 by adding at the end of Section 6 the following:
"If a Circuit Probation Officer should be an attorney-at-law, he shall be prohibited from practicing law or maintaining any connection with any law firm while serving as a Circuit Probation Officer."
3. Committee on Judiciary moves to amend HB 35 by adding in Section 6, immediately after the figures "$3600;00", the words and figures "nor more than $4800.00".
4. Committee on Judiciary moves to amend HB 35 by adding in Section 8, line 20, immediately after the word "sentence", the words "of confinement".
5. Committee on Judiciary moves to amend HB 35 by striking the last sentence of Section 8.
6. Committee on Judiciary moves to amend HB 35 by adding at the end of Section 8 the following:
"The Court may, in its discretion, require the payment of a fine or costs or both as; a condition precedent to probation".
7. Committee on Judiciary moves to amend HB 35 by adding at the end of Section 6 a new sentence to read as follows:
"Each Circuit Probation Officer shall give bond in such amount, not less than $5,000.00, as may be fixed by the Board, payable to the Board for the use of the person or persons damaged by his misfeasance or malfeasance, and conditioned on the faithful performance of his duties, the cost of the bond to be paid by the Board."
8. Committee on Judiciary moves to amend HB 35 by adding at the end of the first sentence of Section 11 the following:
"Provided however, the foregoing shall not be construed to pro hibit the conviction and sentencing of the probationer for the subse quent commission of the same or a similar offense or for the subsequent continuation of the offense for which he was previously sentenced".
9. Committee on Judiciary moves to amend HB 35 by striking from Section 15 the words "and such system shall be under the general supervision of the State Board of Probation."
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JOURNAL OF THE HOUSE,
10. Committee on Judiciary moves to amend HB 35 by striking from Section 17 the words "and shall furnish any information which is desired".
11. Committee on Judiciary moves to amend HB 35 as follows:
(a) By striking the last sentence of Section 12 in its entirety and substituting therefor the following:
"If such probation is revoked, the court may order the execution of the sentence which was originally imposed, or any portion thereof, and no part of the time that the defendant has been on probation need be considered as any part of the time that he shall have been sentenced to serve.
(b) By striking the last portion of the first sentence of Section 14, beginning with the words "the court" in line 3, and by striking the words "In either event" at the beginning of the second sentence, and substituting therefor the words "and the court has placed the defendant on probation,"
(c) By striking from Section 8, line 17, the words "stay and sus pend the imposition of sentence upon such defendant, and shall" and substitute therefor the following: "shall impose sentence upon such defendant but may stay and suspend the execution of such sentence or any portion thereof, and may"
12. Committee on Judiciary moves to amend HB 35 by adding at the end of Section 8 the following:
"During the interval between the conviction or plea and the hear ing to determine the question of probation, the court may, in its dis cretion, either order the confinement of the defendant without bond or may permit his release on bond which shall be conditioned on his ap pearance at the hearing and which shall be subject to the same rules as govern appearance bonds. Any time served in confinement shall be considered a part of the sentence of the defendant."
13. Senator McDonald of the 43rd moves to amend HB 35 by strik ing the period at the end of Section 2 thereof and inserting the fol lowing :
"Plus travel expenses."
14. Hollis of the 24th moves to amend HB 35 by adding at the end of Section 5 the following:
"If the judge or a majority of the judges of the circuit or circuits shall be dissatisfied with the circuit's probation officer assigned to such circuit or circuits he or they may relieve such circuit probation officers from his duties in said circuit or circuits, in which event he or they shall immediately recommend to the Board that the probation officer be either discharged or reassigned to another circuit, giving his reasons and the Board shall immediately tither discharge or reassign such probation officer."
Mr. Groover of Bibb moved that the House disagree to the Senate amend ments to HB 35, and that the Speaker appoint a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate.
THURSDAY, FEBRUARY 2, 1956
605
The motion prevailed, and the Senate amendments to HB 35 were dis agreed to.
The Speaker appointed on the part of the House as a Committee of Con ference, the following members: Messrs. Lindsey of Spalding, Tarpley of Union, and Lavender of Elbert.
HB 111. By Messrs. Moate of Hancock and Groover of Bibb:
A Bill to be entitled an Act to prohibit members of boards, bureaus, commissions, committees and other State agencies and authorities, under certain conditions, from selling goods or services to the State and such agencies and authorities on which they serve; and for other purposes.
The following Senate Substitute to HB 111 was read:
The Senate moves to Substitute for HB 111 the following:
A BILL
To be entitled an Act to prohibit full-time appointive officials and employees of the State from engaging in certain transactions affecting the State; to prohibit members of boards, bureaus, commissions and other State agencies and authorities from selling or furnishing any goods or services to the State except upon competitive bid; to prohibit members of boards, bureaus, commissions and other State agencies and authorities from engaging in certain transactions affecting the State and such agencies and authorities on which they serve; to provide for statements to be included in bids, agreements, contracts and other instruments certifying that this Act has not been and will not be vio lated; to provide for penalties; to provide for exceptions; to provide the procedure connected with the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. It shall be unlawful for any full-time appointive State official or employee to contract to buy from or sell to the State of Georgia any real or personal property, goods or services, or a combi nation thereof, when such purchase or sale would benefit or be likely to benefit, such official or employee. Nor shall any full-time appointive State official or employee influence, or attempt to influence, the execu tion of any contract, agreement or transaction entered into by the State of Georgia, or any department, agency, commission or authority thereof, for the purchase or sale of any real or personal property, goods or services, or a combination thereof, where such action would result in actual ascertainable pecuniary or Other gain to such official or employee.
Section 2. No member of any State board, bureau, commission of other State agency by whatever name called, or of any authority created by law, shall make any contract in any capacity whatsoever to furnish any goods or supplies, or both, to the State, except; after competitive bid thereon. No such person shall act as dealer, agent or
606
JOURNAL OF THE HOUSE,
broker, or in any other manner, in connection with the sale of goods or services, or both, to the State, except after competitive bid thereon.
Section 3. No member of any State board, bureau, commission or other State agency by whatever name called, or of any authority created by law, shall act as dealer, agent or broker, or in any other manner, in connection with the sale of goods or services, or both, to the State, unless such person operates a regularly-established business enterprise which, when selling such goods or services, or both, to the State, meets all the legal requirements connected therewith relative to submission of bids, posting of bonds, quality of goods or services, or both, and all other requirements in connection with such transactions.
Section 4. No person who is a member of any State board, bureau, commission or other State agency by whatever name called, or of any authority created by law, shall engage in any transaction with any such board, bureau, commission,, committee or other State; agency, or any such authority, on which such person is a member.
Section 5. All bids, agreements, contracts or other instruments in connection with the furnishing of goods or services, or both, to the State, shall have included therein a statement to the effect that the signers of such instrument certify that the provisions of this Act have not been violated and will not be violated in any respect.
Section 6. Any full-time appointive official or employee of the State Government who violates any provision of this Act shall be dis charged immediately from the service of the State. The membership of any member of any board, bureau, commission or other State agency by whatever name called, or any authority created by law, who violates any of the provisions of this Act, shall be immediately vacated, and such vacancy shall be filled by appointment of the Governor. Any person, firm or corporation violating any of the provisions of this Act shall be barred from further business dealings with the State of Geor gia until the violation complained of shall be corrected.
Section 7. Any person violating any provision of this Act shall be deemed guilty of a, misdemeanor, and upon conviction thereof, shall be punished as for a misdemeanor.
Section 8. 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 Substitute to HB 111.
On the motion to agree, the Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Ayers Barber of Colquitt Barber of .Jackson 'Barker ; Bentley
Birdsong Blackburn Blalock Bloodworth Caldwell Campbell
Carlisle Cason Chastain Cheek Cloud Coker of Walker
THURSDAY, FEBRUARY 2, 1956
607
Cotton
Cowart
;
Deal
Deen of Bacon
Denmark
Denson
Drinkard
Duke
Duncan
Elder
Eyler
Fain
Fordham
Foster
Freeman
Garrard
Gillelarid
Gillis -
Green of Rabun
Greene of Crisp
Grimsley
Groover
G.unter
Hall
Hardaway
Harrell
Harrison of Jeff Davis
Hawkins
Henderson
Hodges
Hogan
Houston
Huddleston
Hudson
Hurst
Ivey Jessup Johnson of Jenkins Johnson of Gilmer Jones of Lumpkin Jones of Laurens Jordan Key King of Whitfield King of Chattahoochee Kitchens Lam Lindsey Lokey Long Mackay Mallory' Martin Mashburn Matheson of Hart Mathis of Lowndes Matthews McCracken McWhorter Mincy Mobley Moore Mull Murphey of Crawford Murphy of Haralson
Murr Musgrove Odom Palmer Parker
Peacock Pettey Phillips of Columbia Phillips of Walton Potts Ramsey Raulerson Ray Reed Register Rutland Short Sivell Smith of Evans Smith of Emanuel Souter Stephens of Clarke Strickland Stripling Tamplin Tanner Truelove Turk Twitty . . : Underwood of Bartow 'Underwood of' ''-
Montgomery Watson . , . . ; Williams ,. . . Willingham Willis Wilson of Towns 1 Wilson of Peach Wooten Wright
On the motion to agree, the ayes were 122, nays 0.
'
The Senate Substitute was agreed to.
HR 62. By Mr. Sheffield of Brooks:
A Resolution creating a committee for the purpose of discussing com mon problems with members of Legislatures from certain other States; and for other purposes.
The following Senate Substitute to HR 62 was read:
By the Senate:
A RESOLUTION
Creating a committee for the purpose of discussing common prob lems with members of Legislatures from certain other States; and for other purposes.
608
JOURNAL OF THE HOUSE,
WHEREAS, at the present time, the State of Georgia is faced with some of the most important and complicated problems in its long his tory, particularly those problems having to do with segregation of the races; and
WHEREAS, Georgia shares those problems with other sister States of the South; and
WHEREAS, it should be extremely advantageous to the members of the General Assembly, to the Governor, and the people of this State to obtain information and knowledge as to the methods and procedures by which other States are seeking to solve this present dilemma,
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created a committee to be composed of one (1) member of the House of Representatives, and one (1) member of the Senate, both to be appointed by the Gov ernor for the purpose of visiting the Legislatures of the States of Alabama, Mississippi, South Carolina, and Virginia, in order to discuss the common problems which present themselves at this time, particu larly those relating to segregation of the races.
Said committee shall make a report of its discussions and findings in such other States to the Governor and to the members of the General Assembly before the adjournment of this 1956 Session of the General Assembly.
Mr. Groover of Bibb moved that the House agree to the Senate Substitute to HR 62.
On the motion to agree, the ayes were 103, nays 0.
The Senate Substitute was agreed to.
Under the regular order of business, the following Bills of the House and Senate were taken up for consideration and read the third time:
HB 363. By Messrs. Lavender of Elbert and Groover of Bibb:
A Bill to be entitled an Act to amend Section 84-1101 of the Code of Georgia relating to the definition of Optometry; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the Speaker ordered the roll call and the vote was as follows:
THURSDAY, FEBRUARY 2, 1956
609
Those voting in the affirmative were Messrs.:
Adams Alien Ayers Barber of Jackson Barker Baughman Bentley Birdsong Blackburn Blalock Bloodworth Brannen Brown Caldwell Campbell Carlisle Cason Cheatham Cheek Cloud Coker of Walker Cowart Deal Deen of Bacon Drinkard Duke Duncan Edenfield Eyler Fain Floyd Fordham Foster Fowler of Douglas Freeman Frier Garrard Gilleland Gillis Green of Rabun Grimsley Groover
Gross of Stephens Gross of Dade Hall Hardaway Harrison of Wayne Hawkins
Hayes Henderson Hodges Hogan Houston Huddleston Hudson Hurst Ivey Johnson of Jenkins Johnson of Gilmer Jones of Worth Jones of Lumpkin Jones of Laurens Kelley Kennedy of Tattnall King of Whitfield Lam Lavender Lindsey Lokey Long Lowe Mackay Mallory Martin Mashburn Matheson of Hart Matthews McCracken McWhorter Mincy Moore Murphey of Crawford Murphy of Haralson Murr
Musgrove Nilan Odom Palmer Parker Peters Phillips of Columbia Phillips of Walton Potts Ramsey Raulerson Ray Reed Rowland Russell Rutland Scoggin Sivell Smith of Evans Hoke Smith of Fulton Souter Stephens of Clarke Strickland Stripling Tamplin Tanner Truelove Turk Twitty Underwood of Bartow Underwood of
Montgomery Weems Williams Willingham Wilson of Towns Wilson of Peach Wooten Wright Young
Voting in the negative was Mr. Holley.
On the passage of the Bill, the ayes were 124, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
HB 193. By Messrs. Groover of Bibb, Lavender of Elbert, Blalock of Clayton, Coker of Cherokee, and Chastain of Thomas: A Bill to be entitled an Act to amend Code Section 101-207 relating
610
JOURNAL OP THE HOUSE,
to the distribution of laws and journals for civil officers of each county; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Ayers Bagby Barber of Colquitt Barker Baughman Bentley Birdsong Blackburn Blalock Bloodworth Brannen Brown Caldwell Campbell Carlisle Cason Chastain Cheatham Cheek Clary Cloud Coker of Walker Cotton Cowart Deal Deen of Bacon Denson Drinkard Duke Duncan Edenfield Eyler Pain Floyd Fordham Poster Fowler of Douglas
Freeman Frier Garrard Gilleland Gillis Green of Rabun Greene of Crisp Grimsley Groover Gross of Stephens Gross of Dade Gunter Hall Hardaway Harrell Harrison of Jeff Davis Harrison of Wayne Hawkins Hayes Henderson Hodges Hogan Holley Houston Huddleston Hurst Ivey Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Worth Jones of Lumpkin Jones of Laurens
Jordan Kelley Kennedy of Tattnall
Key Kilgore
King of Whitfield Lam Lindsey Long Lowe Mackay Martin Matheson of Hart Matthews McCracken
Mincy Mobley Moore Murphey of Crawford Murphy of Haralson
Murr Musgrove Nightingale Odom Palmer Parker Peters Phillips of Columbia Phillips of Walton
Pickard Ramsey Raulerson
Ray Reed Rowland Russell Scoggin Short Sivell Smith of Evans Smith of Emanuel Souter Stephens of Clarke Stewart
THURSDAY, FEBRUARY 2, 1956
611
Strickland Tamplin Tanner Terrell Todd Turk
Twitty Underwood of Bartow Upshaw Watson Weems Willingham
Wilson of Towns Wilson of Peach Wright Young
On the passage of the Bill, the ayes were 133, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 118. By Messrs. Bagby of Paulding, Rowland of Johnson, Ivey of Newton and Lanier of Candler:
A Bill to be entitled an Act to amend an Act creating the State Board of Workmen's Compensation; and for other purposes.
The following Committee Substitute was read and adopted:
By Messrs. Bagby of Paulding, Rowland of Johnson and others:
AN ACT
To amend an Act creating the State Board of Workmen's Com pensation, defining its authority, powers, duties, composition, salaries; and for other purposes, approved February 8, 1943 (Ga. Laws 1943, p. 167) as amended particularly by an Act approved February 3, 1950 (Ga. Laws 1950, p. 72) so as to increase the compensation of the Chairman and members of the Board; to fix the salary of the duly appointed and qualified Secretary-Treasurer of the Board; to fix the salaries of the duly appointed Deputy Directors of the said Board; to repeal conflicting laws and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1.
An Act creating the State Board of Workmen's Compensation, defining its authority, powers, duties, composition, salaries; and for other purposes, approved February 8, 1943, (Ga. Laws 1943; p. 167) as amended particularly by an Act approved February 3, 1950 (Ga. Laws 1950, p. 72) is hereby amended by striking the last sentence of Section 3 and in lieu thereof inserting the following:
"The Chairman of the Workmen's Compensation Board shall receive as compensation for his services the sum of $10,000.00 per year payable in semi-monthly installments and each of the two remaining members of said Board shall receive as compensation for their services the sum of $10,000.00 payable in semi-monthly installments. The annual salary of the Deputy Directors, duly ap pointed by the Board, shall be $7,500.00 payable in semi-monthly installments, and the annual salary of the Secretary-Treasurer, duly appointed and qualified, shall be $9,000.00 payable in semi monthly installments."
612
JOURNAL OF THE HOUSE,
SECTION 2.
All laws and parts of laws in conflict with this Act are hereby repealed.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill by substitute, was agreed to.
On the passage of the Bill, by substitute, the Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alien Bagby Barber of Jackson Barker Baughman Birdsong Blackburn Blalock Bloodworth Brannen Brown Caldwell Campbell Carlisle Cason Cheatham Cheek Clary Cloud Cocke Coker of Walker Cornelius Cotton Cowart Coxwell Deal Been of Bacon Denmark Drinkard Duke Duncan Edenfield Eyler Fain Floyd Fordham Foster
Fowler of Douglas Freeman Garrard Gilleland Gillis Green of Rabun Greene of Crisp Grimsley Groover Gross of Stephens Gross of Dade Gunter Hall Harrell Harrison of Jeff Davis
Harrison of Wayne Hawkins Hogan Houston Huddleston Hudson Hurst Ivey
Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Worth Jones of Lumpkin Jones of Laurens Kelley Kennedy of Tattnall
Kilgore King of Whitfield Lanier Love Lowe
Mallory Martin Matheson of Hart Matthews McGarity McKelvey McKenna McWhorter Mobley Moore Murphey of Crawford Murphy of Haralson
Murr Musgrove Nightingale Odom Palmer Peacock Peters Phillips of Columbia Phillips of Walton
Pickard Raulerson Reed Rowland Russell Sheffield Short Sivell Smith of Evans Smith of Emanuel Hoke Smith of Fulton
Souter Stephens of Clarke
Stewart Strickland Stripling
THURSDAY, FEBRUARY 2, 1956
613
Tamplin Todd Turk Twitty
Underwood of Bartow Upshaw Watson Weems
Williams Willingham Wilson of Peach
Those voting in the negative were Messrs.:
Ayers Barber of Colquitt Flynt Frier
Henderson Lam Long Mincy
Wilson of Towns Wooten
On the passage of the Bill, by substitute, the ayes were 133, nays 10.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 177. By Mr. Key of Jasper:
A Bill to be entitled an Act to provide for qualified surety companies to become surety to the extent of $200.00 with respect to guaranteed arrest bond certificates of automobiles clubs and associations; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill was agreed to.
On the passage of the Bill, the ayes were 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 26. By Senators Dean of the 40th, Matthews of the 47th and Chance of the 51st:
A Bill to be entitled an Act to amend an Act to authorize the Com missioner of Agriculture to enter into contracts for the leasing of space at farmers' markets; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the Speaker ordered the roll call and the vote was as follows:
614
JOURNAL OF THE HOUSE,
Those voting in the affirmative were Messrs.:
Adams Alien Ayers Bagby Barber of Colquitt Barber of Jackson Barker Baughman Bentley Birdsong Black Blackburn Blalock Bloodworth Bolton Brannen Brown Caldwell Campbell Carlisle Cason Gates Chastain Cheatham Clary Cloud Coker of Walker Cotton Cowart Coxwell Deal Deen of Bacon Denmark Drinkard Duke Duncan Edenfield Eyler Fain Floyd Flynt Fordham Foster Fowler of Douglas Freeman Frier
Garrard Gilleland Gillis Greene of Crisp Groover Gross of Stephens Gross of Dade Gunter Hardaway Harrell Harrison of Jeff Davis Hayes Henderson Hodges Hogan Houston Huddleston Hudson Hurst Ivey Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Worth Jones of Lumpkin Jones of Laurens Jordan Kelley Kennedy of Tattnall Key Kilgore King of Whitfield Lam Lindsey Long Lowe Mackay Mallory Martin Matheson of Hart Matthews Mauldin McCracken McGarity McKenna
Mincy Mobley Moore Mull Murphey of Crawford Murphy of Haralson Murr Musgrove Nilan Odom Palmer Parker Perkins Peters Pettey Phillips of Columbia Phillips of Walton Pickard Ramsey Raulerson Ray Reed Rodgers Rowland Russell Short Sivell Smith of Evans Hoke Smith of Fulton Stephens of Clarke Stewart Strickland Tamplin Tanner Terrell Todd Truelove Twitty Underwood of Bartow Weems Williams Willingham Wilson of Towns Wilson of Peach Wright Young
On the passage of the Bill, the ayes were 138, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Groover of Bibb gave notice that at the proper time he would move that the House reconsider its action in passing the following Bill of the Senate:
THURSDAY, FEBRUARY 2, 1956
615
SB 65. By Senator Millican of the 52nd and Senator Turner of the 54th:
A Bill to be entitled an Act to amend an Act known as the Voters Registration Act; to provide for places of registration of voters in certain counties; and for other purposes.
HB 171. By Messrs. Freeman of Monroe, Sanders of Richmond, and Hall of Floyd:
A Bill to be entitled an Act to amend an Act approved March 27, 1941, by inserting in the appropriate place a section to provide for the pay ment of maternity home and foster home and care for pregnant un married mothers, and to provide further for the utilization of any federal monies now available; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Ayers Bagby Barber of Colquitt Barber of Jackson Barker Baughman Black Blackburn Blalock Bloodworth Bolton Caldwell Campbell Carlisle Cason Gates Chastain Cheatham Cheek Clary Cloud Coker of Walker Cotton Cowart Coxwell Deal
Deen of Bacon Denmark Drinkard Duke Duncan Edenfield Eyler Fain Floyd Flynt Foster Fowler of Douglas Freeman Frier Garrard Gilleland Green of Rabun Greene of Crisp Grimsley Groover Gross of Stephens Gross of Dade Hall Hardaway Harrell Harrison of Jeff Davis
Harrison of Wayne
Hawkins Hayes Henderson Hodges Hogan Houston Huddleston Hudson Hurst
Ivey
Jackson Johnson of Jenkins Johnson of Gilmer Jones of Worth Jones of Lumpkin Jones of Laurens Jordan Kelley Kennedy of Turner Kennedy of Tattnall
Key Kilgore King of Whitfield Lam Lindsey Long Lowe
616
JOURNAL OF THE HOUSE,
Mackay Mallory Martin Matheson of Hart McCracken McGarity McKenna Mincy Mobley Moore Moorman Mull Murphey of Crawford Murphy of Haralson Murr Musgrove Nilan
Odom Palmer Perkins Pettey Phillips of Columbia Phillips of Walton Ramsey Raulerson Reed Rodgers Russell Rutland Scoggin Short Sivell Smith of Evans Souter
Stephens of Clarke Stewart Strickland Tamplin Tanner Todd Truelove Turk Twitty Underwood of Bartow Watson Weems Wilson of Towns Wilson of Peach Wright Young
Those voting in the negative were Messrs.:
Alien
Fordham
On the passage of the Bill, the ayes were 131, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
HB 263. By Messrs. Land of Wilkinson, Gates of Burke, Tamplin of Morgan, and Key of Jasper:
A Bill to be entitled an Act to provide for the licensing of manufac turers, bottlers and distributors of bottled soft drinks and soft drink syrup; and for other purposes.
The following amendment was read and adopted:
Mr. Lindsey of Spalding moves to amend HB 263 by adding in the appropriate place, the following:
"Provided that the provisions of this Act do not apply to beverages bottled in dairies operating in this State in accordance with rules and regulating promulgated by the Commissioner of Agriculture and De partment of Public Health.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
THURSDAY, FEBRUARY 2, 1956
617
HB 145. By Messrs. Mobley and Gates of Burke, McGarity of Henry and Barber of Colquitt:
A Bill to be entitled an Act to amend an Act known as the "Georgia State Warehouse Act"; and for other purposes.
The following amendment was read and adopted:
Mr. McGarity of Henry moves to amend HB 145 by deleting Sec tion 9 in its entirety.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 108, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
The following Resolution of the House was again taken up for considera tion and read:
HR 135. By Mr. Bagby of Paulding:
A Resolution authorizing the Speaker of the House to appoint a special committee to investigate the alleged soliciting of funds to create a slush fund for the purpose of defeating non-existent legislation in the General Assembly of Georgia; and for other purposes.
The Resolution was adopted.
Under the provisions of HR 135 the Speaker appointed as a Committee the following members: Messrs. Bagby of Paulding, Huddleston of Payette, Murphy of Haralson, Sheffield of Brooks, and Lavender of Elbert.
The following Resolutions of the House were read and adopted:
HR 161. By Mr. Groover of Bibb: A Resolution calling for a Joint Session, Monday, February 6, 1956, at 11:45 o'clock, to hear an address by the Governor.
The Speaker appointed as a Committee of Escort on the part of the House, the following members: Messrs. Brannen of Dooly, Mashburn of Forsyth, and Pettey of Pulaski.
HR 162. By Messrs. Stewart of Ben Hill, and Groover of Bibb:
A Resolution expressing regret at the death of Honorable A. A. Boggus, Sr.; and for other purposes.
618
JOURNAL OP THE HOUSE,
HR 163. By Messrs. Moate of Hancock, and Harrison of Wayne:
A Resolution expressing thanks to Honorable Edward W. Hiles for the flowers furnished on the Speaker's stand on the opening day; and for other purposes.
Mr. Harrison of Wayrte moved that the House do now adjourn until 10:00 o'clock Monday morning and the motion prevailed.
Leaves of Absence were granted to Messrs. Jones of Sumter for Thursday, February 2, 1956, and Barber of Jackson for Wednesday, February 1, 1956.
The Speaker announced the House adjourned until 10:00 o'clock, Monday morning.
MONDAY, FEBRUARY 6, 1956
619
Representative Hall, Atlanta, Georgia Monday, February 6, 1956.
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, Reverend Chilton Thorington, Associate Pastor, Trinity Presbyterian Church, Atlanta, Georgia.
The roll was called and the following members answered to their names:
Adams Alien Ayers Barber of Colquitt Barber of Jackson Barker Baughman Bentley Birdsong Black Blackburn Blalock Bloodworth Bolton Brannen Brown Caldwell Callier Campbell Carlisle Cason Gates Chambers Chastain Cheatham Cheek Clary Cloud Cocke Coker of Cherokee Coker of Walker Cornelius Cotton Cowart Coxwell Dean of Rockdale Denmark Denson Dozier Drinkard Duke Edenfield Elder
English Eyler Fain Flynt Fordham Foster Fowler of Douglas Freeman Frier Garrard Gilleland Gillis Green of Rabun Grimsley Gross of Stephens Gross of Dade Gunter Hall Hardaway Harrell Harrison of Jeff Davis Harrison of Wayne Hawkins Hayes Henderson Hendrix Hodges Hogan Holley Huddleston Hudson Hurst
Ivey
Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Worth Jones of Lumpkin Jones of Laurens Jones of Sumter Kennedy of Tattnall
Key
Kilgore Killian Killingsworth
King of Chattahoochee King of Pike Kitchens Land Larkins Lindsey Lokey Long Love Lowe Mackay Martin Mashburn Matheson of Hart Mathis of Lowndes
Matthews McCracken McGarity McKelvey McKenna Mincy Mobley Moore Moorman Mull Murphey of Crawford Murphy of Haralson
Murr Musgrove Nilan Odom Palmer Parker Peacock Pelham Peters Pettey Phillips of Columbia Phillips of Walton
Potts
620
JOURNAL OF THE HOUSE,
Ramsey Raulerson Ray Reed Register Ruark Russell Sanders Scoggin Sheffield Singer Sivell Smith of Evans Smith of Emanuel
Hoke Smith of Pulton M. M. Smith of Fulton Sognier Stephens of Clarke Stevens of Marion Strickland Stripling Tamplin Tanner Todd Truelove Twitty Underwood of Bartow Underwood of
Montgomery Veal Watson Weems Wheeler Williams Willingham Willis Wilson of Towns Wilson of Peach Wooten Wright Young Mr. Speaker (Moate)
Mr. Veal of Putnam, Acting Chairman of the Committee on Journals re ported 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. 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 458. By Messrs. Mackay, Rutland and McWhorter of DeKalb: A Bill to be entitled an Act to repeal an Act entitled An Act to create and establish the City Court of Decatur; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 459. By Messrs. Mackay, Rutland and McWhorter of DeKalb and Ivey of Newton: A Bill to be entitled an Act to add one additional Judge of the Superior Courts for the Stone Mountain Circuit, and for other purposes.
Referred to the Committee on Special Judiciary.
MONDAY, FEBRUARY 6, 1956
621
HB 460. By Messrs. Mackay, Rutland and MeWhorter of DeKalb:
A Bill to be entitled an Act to amend an Act creating the Civil Court of DeKalb County, by increasing the jurisdiction of such court in civil cases, and for other purposes.
Referred to the Committee on Special Judiciary.
HB 461. By Messrs. Mackay, MeWhorter and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act to create and establish the City Court of Decatur, so as to provide that the rules of practice, form of pleading and methods of procedure now prevailing in, or that may be hereafter provided for the Superior Courts of this State shall be adopted and followed in the City Court of Decatur, and for other purposes.
Referred to the Committee on Special Judiciary.
HB 462. By Messrs. Mackay, MeWhorter and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act providing for the appoint ment of special Criminal Bailiffs in counties having a population of twenty thousand or more, and for other purposes.
Referred to the Committee on Special Judiciary.
HB 463. By Messrs. Mackay, MeWhorter and Rutland of DeKalb: A Bill to be entitled an Act to amend an Act establishing the City of Avondale Estates, and for other purposes.
Referred to the Committee on Municipal Government.
HB 464. By Messrs. Mackay, MeWhorter and Rutland of DeKalb:
A Bill to be entitled an Act to amend the Charter of the City of Stone Mountain, and for other purposes.
Referred to the Committee on Municipal Government.
HB 465. By Mr. Bagby of Paulding:
A Bill to be entitled an Act to amend, consolidate, and supersede the several Acts incorporating the City of Dallas in the County of Paulding; to create a new charter and municipal government for said city; and for other purposes.
Referred to the Committee on Municipal Government.
HB 466. By Mr. Stewart of Ben Hill:
A Bill to be entitled an Act to amend the charter of the City of Fitz gerald, to create a Personnel Board in the City of Fitzgerald, and for other purposes.
Referred to the Committee on Municipal Government.
622
JOURNAL OF THE HOUSE,
HB 467. By Messrs. Groover of Bibb and Chastain of Thomas:
A Bill to be entitled an Act to prescribe fees for the renewal of pro fessional licenses, and for other purposes.
Referred to the Committee on State of Republic.
HB 468. By Mr. Edenfield of Mclntosh:
A Bill to be entitled an Act to amend an Act relating to the regulation of the installation of warm air heating equipment in counties having a population of not less than 6008 and not more than 6079, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 469. By Messrs. H. Smith, and Lokey of Fulton:
A Bill to be entitled an Act to amend an Act entitled An Act to author ize the governing authority of the several municipalities of this State to enact zoning and planning ordinances and regulations, providing that the said Act shall apply to municipalities having a population of 300,000 or more, and for other purposes.
Referred to the Committee on Municipal Government.
HB 470. By Mr. Lavender of Elbert:
A Bill to be entitled an Act to change the terms and the time of meeting of the Superior Courts of the counties of the Northern Judicial Circuit; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 471. By Messrs. Nightingale of Glynn, Rowland of Johnson and Harrison of Jeff Davis.
A Bill to be entitled an Act to create the Southeast Georgia Gas Authority, and for other purposes.
Referred to the Committee on Public Utilities.
HB 472. By Messrs. Pickard, Young and Nilan of Muscogee:
A Bill to be entitled an Act to repeal an Act requiring registration of guests under their true names at tourist camps and like places, and for other purposes.
Referred to the Committee on Drainage.
HB 473. By Messrs. Moate of Hancock, Harrison of Jeff Davis, Underwood of Montgomery, Ray of Warren, Gillis of Treutlen, and many many others:
A Bill to be entitled an Act to amend an Act creating the Minimum Foundation Program of Education, as relating to contracts of profes sional personnel, so as to provide for an election of teachers, principals, and other school employees upon the vote of a majority of the entire
MONDAY, FEBRUARY 6, 1956
623
membership of the Board of Education without the recommendation of the County Superintendent; and for other purposes.
Referred to the Committee on Education #2.
HB 474. By Messrs. Duke and Massee of Baldwin:
A Bill to be entitled an Act providing a method by which employees of certain hospitals and institutions may obtain goods and services, and for other purposes.
Referred to the Committee on Georgia State Sanitarium.
HB 475. By Messrs. Floyd and Weems of Chattooga:
A Bill to be entitled an Act to amend an Act providing for the furnish ing to veterans of certain vital statistics, and for other purposes.
Referred to the Committee on Veterans Affairs.
HB 476. By Messrs. Mauldin of Gordon, Harrell of Grady, Cloud of Decatur, Phillips of Walton, Grimsley of Cook and Upshaw of Bartow:
A Bill to be entitled an Act to amend an Act relating to commercial fertilizers, and for other purposes.
Referred to the Committee on General Agriculture #1.
HB 477. By Messrs. Stripling of Coweta, Floyd of Chattooga, Phillips of Walton, and Matheson of Hart:
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 Veteran Affairs.
HR 164-477a. By Messrs. Duke and Massee of Baldwin:
A Resolution to compensate Mrs. Ruth Edwards Cox, and for other purposes.
Referred to the Committee on Special Appropriations.
HR 165-477b. By Mr. 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.
HR 166-477c. By Mr. Strickland of Toombs:
A Resolution proposing an amendment to the Constitution so as to create the Vidalia Development Authority; to provide for the powers, authority, funds, purposes and procedure connected therewith; and for other purposes.
Referred to the Committee on Amendments to Constitution #1.
624
JOURNAL OF THE HOUSE,
HE 167-477d. By Messrs. M. Smith, H. Smith and Lokey of Fulton:
A Resolution to authorize the Governor, acting on behalf of the State of Georgia, to convey to the City of Atlanta a tract of land required by the City for use in connection with the construction of a limited access expressway, and for other purposes.
Referred to the Committee on Public Property.
HR 168-477e. By Messrs. H. Smith and Lokey of Fulton:
A Resolution proposing an amendment to the Constitution, authorizing the creation of Traffic Courts, and for other purposes.
Referred to the Committee on Amendments to Constitution #1.
HR 169-477f. By Mr. Bloodworth of Houston:
A Resolution to compensate the widow of Henry C. Hill, and for other purposes.
Referred to the Committee on Special Appropriations.
HR 170-477g. By Messrs. Nightingale and Killian of Glynn:
A Resolution proposing an amendment so as to provide for the estab lishment of a sewage system in the City of Brunswick and Glynn County, and for other purposes.
Referred to the Committee on Amendments to Constitution #2.
HR 171-477h. By Messrs. Nightingale and Killian of Glynn:
A Resolution proposing an amendment to the Constitution so as to provide for the establishment, acquiring, constructing, improving and operating Municipal Port and Terminal Facilities in the City of Bruns wick and Glynn County; and for other purposes.
Referred to the Committee on Amendments to Constitution #2.
HR 172-477i. By Messrs. Nightingale and Killian of Glynn:
A Resolution proposing an amendment to the Constitution so as to provide for the establishing of a sewage system in the City of Bruns wick and Glynn County, and for other purposes.
Referred to the Committee on Amendments to Constitution #2.
HR 173-477J. By Mr. Killingsworth of Clay:
A Resolution to compensate Hal Saunders, Jr., for expenses incurred and for other purposes.
Referred to the Committee on Special Appropriations.
MONDAY, FEBRUARY 6, 1956
625
HR 174-477k. By Messrs. Lindsey and Bolton of Spalding:
A Resolution to compensate Nolin Burl Randolph for damages; and for other purposes.
Referred to the Committee on Special Appropriations.
HR 175-4771. By Messrs. Nightingale and Killian of Glynn:
A Resolution proposing an amendment to the Constitution so as to pro vide for the establishment, acquiring, constructing, improving and oper ating of municipal port and Terminal facilities in the City of Brunswick and Glynn County, and for other purposes.
Referred to the Committee on Amendments to Constitution #2.
HB 478. By Messrs. Watson and Denson of Dougherty, Gunter and Williams of Hall:
A Bill to be entitled an Act to amend an Act relative to branch banks so as to provide that a bank, with its principal office located in a county with a population of not less than 40,000 or more than 45,000, chartered under the laws of this State or by the Federal Government may estab lish and operate bank facilities with one or more teller windows in the municipality in which its principal office is located; and for other purposes.
Referred to the Committee on Banks and Banking.
HR 176-478a. By Mr. Duke of Baldwin:
A Resolution to compensate Mrs. Roscoe Simpson, Sr., and for other purposes.
Referred to the Committee on Special Appropriations.
HB 479. By Mr. Watson 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 change the corporate limits, and for other purposes.
Referred to the Committee on Municipal Government.
HB 480. By Mr. Barber of Jackson:
A Bill to be entitled an Act to amend an Act establishing the City Court of Jefferson so as to provide the raising of salaries of the Judge and Solicitor of the City Court, and for other purposes.
Referred to the Committee on Municipal Government.
HB 481. By Mr. Sheffield of Brooks:
A Bill to be entitled an Act to amend the Constitution whereas to elect members of the Brooks County Board of Education, and for other purposes.
Referred to the Committee on Amendments to Constitution #\.
626
JOURNAL OF THE HOUSE,
HR 177-481a. By Mr. Groover of Bibb:
A Resolution to ratify, approve and confirm the Executive Order of the Governor, dated March 21, 1955, relating to the suspension of the license fee and examination fee required by an Act approved March 4, 1955 (Ga. L. 1955, p. 431) and for other purposes.
Referred to the Committee on State of Republic.
HR 178-481b. By Mr. Groover of Bibb:
A Resolution providing for the exchange of certain lands in Pulaski County; and for other purposes.
Referred to the Committee on State of Republic.
HR 179-481c. By Mr. Groover of Bibb:
A Resolution authorizing the granting of an easement to the United States relative to certain property in Camden County; and for other purposes.
Referred to the Committee on State of Republic.
HR 180-481d. By Mr. Groover of Bibb:
A Resolution authorizing the conveyance of certain land in Pulaski County, and for other purposes.
Referred to the Committee on State of Republic.
HR 181-481e. By Mr. Groover of Bibb:
A Resolution authorizing the Governor to deed certain islands to the United States, and for other purposes.
Referred to the Committee on State of Republic.
HR 182-481f. By Mr. Grqover of Bibb:
A Resolution authorizing the conveyance of certain property in Camden County to the United States, which property is needed for the King's Bay Ammunition Loading Terminal, and for other purposes.
Referred to the Committee on State of Republic.
HB 482. By Mr. Groover of Bibb:
A Bill to be entitled an Act to repeal an Act of the General Assembly of 1943 entitled An Act to authorize and direct the Governor to appoint an advisory committee in each county in which a State Park is located and operated, and for other purposes.
Referred to the Committee on Public Property.
MONDAY, FEBRUARY 6, 1956
627
HB 483. By Mr. Murr of Sumter:
A Bill to be entitled an Act relative to zoning and planning for the City of Americus and Sumter County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HR 183-482a. By Mr. Rutland of DeKalb:
A Resolution to compensate the Randall Fuel Co., Inc., and for other purposes.
Referred to the Committee on Special Appropriations.
HR 184-482b. By Mr. Rutland of DeKalb:
A Resolution to compensate the Randall Fuel Co., Inc., and for other purposes.
Referred to the Committee on Special Appropriations.
HB 484. By Messrs. Moate of Hancock and Groover of Bibb:
A Bill to be entitled an Act to amend an Act known as the "State Toll Bridge Authority Act", and for other purposes.
Referred to the Committee on State of Republic.
Mr. Groover of Bibb moved that the following Bill of the House be with drawn from the Committee on State of Republic, read the second time and re committed :
HB 299. By Messrs. Kilgore and Kelley of Gwinnett, Palmer of Mitchell, and Hardaway of Meriwether:
A Bill to be entitled an Act to provide that fire and casualty insurance companies domiciled in this State may deduct any retaliatory tax paid by them to another State from their Georgia taxes; and for other purposes.
The motion prevailed, and the Bill was withdrawn, read the second time and recommitted.
Mr. Harrison of Wayne moved that the following Bill of the House be with drawn from the Committee on Ways and Means, read the second time and re committed :
HB 457. By Mr. Harrison of Wayne:
A Bill to be entitled an Act to amend the Georgia Retailers' and Con sumers' Sales & Use Tax Act of 1951, so as to provide a maximum tax of $300.00 on any one sale or use of any one item or article of tangible personal property, rental or services otherwise taxable under that Act; and for other purposes.
The motion prevailed, and the Bill was withdrawn, read the second time and recommitted.
628
JOURNAL OF THE HOUSE,
Mr. Bolton of Spalding moved that the following Bill of the House be withdrawn from the Committee on Ways and Means, read the second time and recommitted:
HB 80. By Mr. Bolton of Spalding:
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 any person who sells or discounts a note, bill of sale to secure debt, conditional sales contract, or other written contract to pay, with full recourse to the seller, shall upon his being required to repossess the article sold under the note, bill of sale to secure debt, conditional sales contract, or other written contract to pay, receive credit for the sales tax paid by him upon the unpaid balance in such a manner as may be prescribed by the Commissioner of Revenue; and for other purposes.
The motion prevailed, and the Bill was withdrawn, read the second time and recommitted.
Mr. Duke of Baldwin moved that the following Bill of the House be with drawn from further consideration of the House:
HB 154. By Messrs. Duke and Massee of Baldwin:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Milledgeville; and for other purposes.
The motion prevailed, and the Bill was withdrawn from further consideration of the House.
Mr. Hawkins of Screven rose to a Point of Personal Privilege and addressed the House.
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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 37. Do Pass.
HB 131. Do Pass.
Respectfully submitted,
Stephens of Clarke,
Chairman.
MONDAY, FEBRUARY 6, 1956
629
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 361. Do Pass.
HB 189. Do Not Pass.
HB 191. Do Not Pass.
Respectfully submitted,
Bodenhamer of Tift,
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 78. Do Pass.
Respectfully submitted,
Rowland of Johnson,
Chairman.
Mr. Jones of Lumpkin County, Chairman of the Committee on Motor Ve hicles, 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 25. Do Pass, as amended.
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
630
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 318. Do Pass, as amended. Respectfully submitted, Hoke Smith of Fulton, Chairman.
Mr. Callier of Talbot County, Chairman of the Committee on Public Proper ty, submitted the following report:
Mr. Speaker:
Your Committee on Public Property has had under consideration the fol lowing 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 recommenda tions :
HB 408. Do Pass, as amended.
SR 23. Do Pass.
Respectfully submitted,
Callier of Talbot,
Chairman.
Mr. Pickard of Muscogee County, Chairman of the Committee on Public Utilities, submitted the following report: Mr. Speaker:
Your Committee on Public Utilities 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 455. Do Pass, as amended.
Respectfully submitted,
Pickard of Muscogee,
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 127-348e. Do Pass.
HR 112-319e. Do Pass.
MONDAY, FEBRUARY 6, 1956
631
HR 103-300d. Do Pass. HR 56-163e. Do Pass.
Respectfully submitted, Barber of Colquitt, Chairman.
By unanimous consent, the following Bills and Resolutions of the House and Senate, favorably reported, were read the second time:
HB 25. By Messrs. Scoggin of Floyd and Groover of Bibb:
A Bill to be entitled an Act to amend an Act known as the "Motor Vehicle Safety Responsibility Act", and for other purposes.
HB 361. By Messrs. Hall, Scoggin and Wright of Floyd:
A Bill to be entitled an Act to amend an Act relating to compensation of members of County Boards of Education, so as to authorize the General Assembly to provide by local Act for the compensation of such members; and for other purposes.
HB 408. By Messrs. Singer of Stewart, Potts of Coweta, Matheson of Hart, Phillips of Walton, Stripling of Coweta, Black of Webster and many many others:
A Bill to be entitled an Act to provide for a method of holding a refer endum as to the sale of public property owned by a county or municipal corporation; and for other purposes.
HB 455. By Messrs. Pickard of Muscogee and Duncan of Carroll:
A Bill to be entitled an Act to provide that no person shall construct or operate in intrastate commerce within this State any pipeline or any distribution system or any extension thereof or sell from such pipe line or acquire ownership or control of such pipeline, without first obtaining from the Georgia Public Service Commission a certificate that the public convenience and necessity require such construction, operation or acquisition; and for other purposes.
SB 37. By Senator Overby of the 33rd:
A Bill to be entitled an Act to amend the Building and Loan Act; and for other purposes.
SB 78. By Senators Overby of the 33rd, Ursrey of the 54th and others:
A Bill to be entitled an Act to amend an Act known as the "Unemploy ment Compensation Law" (Now Employment Security Law) and for other purposes.
SR 23. By Senator Page of the 1st: A Resolution granting to the United States of America a spoilage
632
JOURNAL OF THE HOUSE,
easement to Barnwell Island; to facilitate development of Savannah Harbor, and for other purposes.
HR 56-163e. By Messrs. Gunter and Williams of Hall: A Resolution to compensate Ralph Cleveland; and for other purposes.
HR 103-300d. By Messrs. Hayes and Tanner of Coffee:
A Resolution to compensate Daniel H. Walker expenses for repairing automobile damaged by the Highway Department truck, and for other purposes.
HR 112-319c. By Messrs. Tanner and Hayes of Coffee: A Resolution compensating W. S. Mooneyham; and for other purposes.
HR 127-348e. By Mr. Freeman of Monroe: A Resolution compensating Early T. Grant; 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 18. By Senators Dews of the 9th, Dean of the 40th, Chance of the 51st, Ponsell of the 5th and Blalock of the 36th:
A Bill making it a crime to take or attempt to take immoral, or indecent liberties with a child of either sex, so as to change the penalty for such offense; and for other purposes.
SB 64. By Senator Lambert of the 28th and Turner of the 34th:
A Bill to amend the Act creating the office of Judge of the Superior Court Emeritus so as to change the age and service qualifications; and for other purposes.
SB 61. By Senator Shurling of the 21st:
A Bill to amend Chapter 67 of the 1933 Code of Georgia relating to mortgages, conveyances to secure debt and liens, so as to establish liens in favor of subcontractors and in favor of mechanics and materialmen furnishing labor or material to subcontractors for the improvement of real estate; and for other purposes .
SB 63. By Senator Millican of the 52nd:
A Bill to amend Chapter 40-4 of the 1933 Code of Georgia providing for the establishment of a Budget Bureau so as to provide for the establishment of an Advisory Budget Committee of members of the General Assembly; and for other purposes.
MONDAY, FEBRUARY 6, 1956
633
SB 71. By Senators Millican of the 52nd, Hollis of the 24th and Lovett of the 16th:
A Bill to require all fees paid to departments or agencies of the State of Georgia, except those paid to the common schools or to the institu tions of the University System, to be paid into the State Treasury; and for other purposes.
SB 81. By Senators Hollis of the 24th, Page of the 1st and Overhy of the 33rd:
A Bill to declare void any judicial action hy any court of this State in any matter in which the State of Georgia, or an official of the State of Georgia in his official capacity, is a party defendant, intervenor, re spondent, appellee or plaintiff in fi. fa., unless it affirmatively appears as a matter of record that notice of the proceeding was given to the Attorney General; and for other purposes.
SR 14. By Senator Raulerson of the 46th:
A Resolution to authorize the Governor acting on behalf of the State to convey certain property to Pierce County; and for other purposes.
SR 37. By Senator Steis of the 25th:
A Resolution to provide the Ordinary of Harris County, Georgia, certain enumerated volumes of the Georgia Supreme Court Reports.
HB 211. By Messrs. Kelley and 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 212. By Messrs. Kelley and Kilgore of Gwinnett:
A Bill to be entitled an Act to provide for the compensation of the Sheriff, the Clerk of the Superior Court, the Clerk of the City Court and the Ordinary of Gwinnett County; and for other purposes.
HB 213. By Messrs. Kilgore and Kelley of Gwinnett:
A Bill to be entitled an Act to consolidate the offices of Tax Receiver and Tax Collector of Gwinnett County into the office of Tax Commis sioner of Gwinnett County; and for other purposes.
HB 214. By Mr. Turk of Wilcox:
A Bill to be entitled an Act to amend an Act entitled "An Act to in corporate the Town of Pineview; and for other purposes.
HB 222. By Mr. Ivey of Newton:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Covington; and for other purposes.
634
JOURNAL OF THE HOUSE,
HB 223. By Mr. Ivey of Newton:
A Bill to be entitled an Act to repeal an Act entitled "An Act to in corporate the Town of Covington Mills"; and for other purposes.
HB 224. By Mr. Henderson of Atkinson:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Eoads and Revenues in the County of Atkinson; and for other purposes.
HB 226. By Messrs. Cheatham, Sognier and Eyler of Chatham:
A Bill to be entitled an Act to amend the Charter of the Town of Pooler; and for other purposes.
HB 229. By Messrs. Cheatham, Sognier and Eyler of Chatham:
A Bill to be entitled an Act to amend the charter of the Town of Pooler; and for other purposes.
HB 230. By Mr. Underwood of Montgomery:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Montgomery County; and for other purposes.
HB 233. By Messrs. Williams and Gunter of Hall:
A Bill to be entitled an Act to amend the Charter of the City of Gainesville; to abolish the office of mayor and councilmen and certain other offices of said city; to provide for a Commission Manager form of Government; and for other purposes.
HB 238. By Messrs. Young, Nilan and Pickard of Muscogee:
A Bill to be entitled an Act to amend an Act amending the charter of the City of Columbus, providing for the supervision, control and manage ment of all of the facilities of said City for the collection, treatment and disposal of sanitary sewerage by the Board of Water Commissioners of said City; and for other purposes.
HB 240. By Messrs. Gunter and Williams of Hall:
A Bill to be entitled an Act to provide that the Commissioners of Roads and Revenues of Hall County, shall, in their discretion, have power and authority to call and provide for the holding not more than once in each calendar year of an advisory referendum in which the qualified voters of Hall County can express their opinion, etc., and for other purposes.
HB 242. By Messrs. Twitty and Palmer of Mitchell:
A Bill to be entitled an Act to provide that the Mayor and Council of the City of Camilla shall have the power to designate by appointment the person, firm or corporation to be City Treasurer of Camilla; and for other purposes.
MONDAY, FEBRUARY 6, 1956
635
HB 248. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A Bill to be entitled an Act to authorize the establishment of more than one election precinct in a Militia District in certain counties; and for other purposes.
HB 254. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A Bill to be entitled an Act to amend an Act known as the Voters Regis tration Act, in certain counties; and for other purposes.
HB 260. By Messrs. Lokey and H. Smith of Fulton:
A Bill to be entitled an Act to amend an Act entitled "An Act to author ize the governing authority of the several municipalities of this State to enact zoning and planning ordinances and regulations in certain couties"; and for other purposes.
HB 264. By Messrs. Birdsong and Lam of Troup:
A Bill to be entitled an Act to amend an Act establishing a pension and retirement system for the employees of Troup County; and for other purposes.
HB 273. By Mr. Cocke of Terrell:
A Bill to be entitled an Act to amend the Charter of the City of Dawson; and for other purposes.
HB 288. By Mr. Odom of Camden:
A Bill to be entitled an Act to amend the Charter of the City of St. Marys; and for other purposes.
HB 289. By Messrs. Hayes and Tanner of Coffee:
A Bill to be entitled an Act to amend an Act creating a new charter and municipal government for the City of Douglas; and for other purposes.
HB 290. By Messrs. Hayes and Tanner of Coffee:
To be entitled an Act to amend an Act creating a new charter and municipal government for the City of Douglas; and for other purposes.
HB 291. By Mr. Odom of Camden:
A Bill to be entitled an Act to authorize empower and direct the City of St. Marys to abandon and close portions of City Streets; and for other purposes.
HB 293. By Messrs. Hayes and Tanner of Coffee:
A Bill to be entitled an Act to amend an Act creating a new charter and municipal government for the City of Douglas, so as to change the method and procedure of passing and enacting ordinances; and for other purposes.
636
JOURNAL OF THE HOUSE,
HB 298. By Messrs. Fowler of Douglas and Groover of Bibb:
A Bill to be entitled an Act to amend Code Section 84-702, relating to the Board of Dental Examiners of Georgia; and for other purposes.
HR 161. By Mr. Groover of Bibb:
A Resolution calling for a Joint Session to hear an address by the Governor:
The Senate has passed as amended by the requisite constitutional majority the following Bills of the House to wit:
HB 209. By Mr. Odom of Camden:
A Bill to be entitled an Act to authorize, empower and direct the City of Kingsland to close permanently certain alleys; and for other purposes.
Mr. Speaker:
The Senate insists on its position to the following Bill of the House and respectfully asks that a Committee of Conference be appointed:
HB 35. By Messrs. Tarpley of Union, Cheatham of Chatham, Lindsey of Spalding and others:
A Bill to be entitled an Act to create a Statewide Probation System; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate Senators McDonald of the 43rd, Hollis of the 24th and Davis of the 42nd.
By unanimous consent, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:
HB 152. By Messrs. Duke and Massee of Baldwin:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Milledgeville; and for other purposes.
The following Substitute to HB #152 was read and adopted: By Messrs. Duke and Massee of Baldwin:
AN ACT
To amend an Act creating a new charter for the City of Milledge ville, approved December 15, 1900 (Ga. Laws 1900, p. 345), as amended, particularly by an Act approved February 15, 1952 (Ga. Laws 1952, p. 2602), so as to change the corporate limits of the City of Milledgeville; to provide for a referendum; to repeal conflicting laws; and for other purposes.
MONDAY, FEBRUARY 6, 1956
637
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
An Act creating a new charter for the City of Milledgeville, ap proved December 15, 1900 (Ga. Laws 1900, p. 345), as amended, par ticularly by an Act approved February 15, 1952 (Ga. Laws 1952, p. 2602), is hereby amended by adding a new paragraph to the end of Section 3, to read as follows:
"In addition to the area now embraced within the corporate limits of the City of Milledgeville, the following described property shall like wise be embraced within the corporate limits of said City:
"Starting at a point where the present northwest city limits line of the City of Milledgeville intersects with the east bank of Fishing Creek, which point is also the western corner of the Milledgeville Water Works property on Fishing Creek as shown on that certain plat made from a survey by M. Grieve, Surveyor, dated 30 March, 1893, and recorded in Deed Book V, page 239, in the office of the Clerk of the Superior Court of Baldwin County, Georgia; thence running due North by true bearings from said point to a point near U. S. Highway No. 441, also referred to as Georgia Highway No. 24, said point being an intersection with a line running due West by true bearings from the northerly most corner of the present city limits, said northerly most corner of the present city limits being further identified as being the common land lot corner between Land Lots 338, 339, 341 and 342 of the First Land District of Baldwin County, Georgia, and which is further marked by an iron pin as indicated on that certain plat made from a survey by Calvin W. Rice, Registered Surveyor, and recorded in the office of the Clerk of the Superior Court of Baldwin County, Georgia, in Deed Book No. 29, page 246; thence running due East by true bearings from said point of intersection to a point of intersection With the easterly right-of-way boundary of Georgia State Highway No. 24, also referred to as U. S. Highway No. 441; thence in a southeast erly direction along the eastern right-of-way boundary of said highway to a point where said eastern right-of-way boundary intersects with the present northwesterly city limits line of the City of Milledgeville; thence in a southwesterly direction along the present city limits line to the point of beginning.
" (All true bearings as referred to coast and geodetic survey triangulation station, Milledgeville, Georgia, 1935.)."
SECTION 2.
Not less than thirty nor more than forty-five days after the date of the approval of this Act by the Governor, or after it otherwise be comes law, it shall be the duty of the Ordinary of Baldwin County to issue the call for an election for the purpose of submitting this Act for approval or rejection to the voters of the area described herein before. The Ordinary shall set the date of the election for a day not less than sixty days nor more than six months after the date of the issuance of the call. Provided, however, that the date of such election shall be the same date in 1956 on which any other election is held by any other group of voters in Baldwin County for the purpose of rati-
638
JOURNAL OF THE HOUSE,
fying or rejecting an Act extending the corporate limits of the City of Milledgeville. It shall be the further duty of the Ordinary to make up a separate list of voters of the area described hereinbefore, and only those voters shall be allowed to vote in such election. The Ordi nary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Baldwin County, along with a description of the affected area described hereinbefore. The ballot shall have printed thereon the words:
"For approval of the Act extending the corporate limits of the City of Milledgeville.
"Against approval of the Act extending the corporate limits of the City of Milledgeville."
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, it shall be the duty of the Ordinary to certify such fact to the governing authority of the City of Milledgeville, and an election shall be held in said City as pro vided for hereinafter. If less than a majority of those persons voting in such election vote for approval of the Act, it shall be void and of no force and effect, and it shall be the duty of the Ordinary to certify such results to the Secretary of State. The expense of such election shall be borne by Baldwin County. It shall be the duty of the Ordinary to hold and conduct such election and it shall be the duty of the Ordinary to canvass the returns and declare and certify the results of the election.
In the event a majority of the persons voting in the aforesaid election vote for approval of the Act, an election shall be held in the City of Milledgeville for the purpose of submitting this Act for ap proval or rejection. The election and the registration of voters there for shall be under the same provisions of law and rules and regulations as are other elections in the City of Milledgeville. The governing au thority shall set the date of the election for a day not less than seventy nor more than ninety days after the date of the election held as pro vided for hereinbefore. It shall be the duty of the governing authority to cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in a news paper of general circulation in the City of Milledgeville, along with a brief description of the affected area described hereinbefore. The ballot shall have printed thereon the words:
"For approval of the Act extending the corporate limits of the City of Milledgeville so as to include (briefly designate area).
"Against approval of the Act extending the corporate limits of the City of Milledgeville so as to include (briefly designate area)."
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 less than a majority of those persons voting in such election vote for 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
MONDAY, FEBRUARY 6, 1956
639
City of Milledgeville. The person or persons whose duty it is to hold and conduct other elections in the City of Milledgeville shall canvass the returns and declare and certify the results of the election. The results thereof shall be certified to the Ordinary, who shall, in turn, certify such results to the Secretary of State.
SECTION 3.
All laws and parts of laws in conflict with this Act are hereby repealed.
GEORGIA, BALDWIN COUNTY:
Notice is hereby given that there will be introduced at the 1956 Session of the General Assembly of Georgia a Bill to make provisions relative to extending the corporate limits of the City of Milledgeville, to provide for a referendum, and for other purposes.
This 20th day of December, 1956.
Joseph B. Duke W. C. Massee
12 22 3 tc
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joseph B. Duke, who, on oath, deposes and says that he is Representative from Baldwin County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Union-Recorder, which is the official organ of said County, on the following dates: Dec. 22 & 29, 1955 and Jan. 5, 1956.
/s/ Joseph B. Duke, Representative, Baldwin County.
Sworn to and subscribed before me this 16 day of Jan. 1956.
/s/ Frank H. Edwards, Notary Public Notary Public, Georgia, State at Large My Commission Expires October 14, 1959. (Seal Affixed).
The report of the committee which was favorable to the passage of the Bill, was agreed to, by substitute.
On the passage of the Bill, by substitute, the ayes were 103, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 153. By Messrs. Duke and Massee of Baldwin:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Milledgeville; and for other purposes.
640
JOURNAL OF THE HOUSE,
The following Substitute to HB 153 was read and adopted:
By: Messrs. Duke and Massee of Baldwin:
AN ACT
To amend an Act creating a new charter for the City of Milledgeville, approved December 15, 1900 (Ga. Laws 1900, p. 345), as amended, particularly by an Act approved February 15, 1952 (Ga. Laws 1952, p. 2602), so as to change the corporate limits of the City of Milledgeville; to provide for a referendum; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
An Act creating a new charter for the City of Milledgeville, ap proved December 15, 1900 (Ga. Laws 1900, p. 345), as amended, par ticularly by an Act approved February 15, 1952 (Ga. Laws 1952, p. 2602), is hereby amended by adding a new paragraph to the end of Section 3, to read as follows:
"In addition to the area now embraced within the corporate limits of the City of Milledgeville, the following described property shall like wise be embraced within the corporate limits of said City:
"Beginning at a point on the western right-of-way line of U. S. Highway No. 441, also known as Georgia Highway No. 24, said point being identified as an intersection of a line running due West by true bearings from the Northerly most corner of the present city limits line of the City of Milledgeville, and said western right-of-way line of said highway, said northerly most corner of the present city limits being identified as being the common land lot corner between Land Lots 338, 339, 341 and 342 of the First Land District of Baldwin County, Georgia, and which is further marked by an iron pin as indicated on that certain plat made from a survey by Calvin W. Rice, Registered Surveyor, recorded in the office of the Clerk of the Superior Court of Baldwin County, Georgia, in Deed Book No. 29 of page 246; thence from said point of intersection and beginning due East by true bearings to a point of intersection with the eastern right-of-way boundary of Fraley's Ferry Road, which said road is also an extension of that certain street known and designated as North Jefferson Street in the City of Mil ledgeville; thence along the Eastern right-of-way boundary of said Fraley's Ferry Road in a southerly direction to a point where said eastern right-of-way boundary line intersects with the present north westerly city limits line of the City of Milledgeville; thence in a south westerly direction along the present city limits line to a point where said city limits line intersects with the western right-of-way line of said Highway No. 24, also known as U. S. 441; and thence in a north westerly direction along the western right-of-way line of said highway to the point of beginning.
"(All true bearings as referred to coast and geodetic survey triangulation station, Milledgeville, Georgia, 1935.)"
MONDAY, FEBRUARY 6, 1956
641
SECTION 2.
Not less than thirty nor more than forty-five days after the date of the approval of this Act by the Governor, or after it otherwise be comes law, it shall be the duty of the Ordinary of Baldwin County to issue the call for an election for the purpose of submitting this Act for approval or rejection to the voters of the area described hereinbefore. The Ordinary shall set the date of the election for a day not less than sixty days nor more than six months after the date of the issuance of the call. Provided, however, that the date of such election shall be the same date in 1956 on which any other election is held by any other group of voters in Baldwin County for the purpose of ratifying or re jecting an Act extending the corporate limits of the City of Milledgeville. It shall be the further duty of the Ordinary to make up a separate list of voters of the area described hereinbefore, and only those voters shall be allowed to vote in such election. The Ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Baldwin County, along with a description of the affected area described hereinbefore. The ballot shall have printed thereon the words:
"For approval of the Act extending the corporate limits of the City of Milledgeville.
"Against approval of the Act extending the corporate limits of the City of Milledgeville."
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, it shall be the duty of the Ordinary to certify such fact to the governing authority of the City of Milledgeville, and an election shall be held in said City as provided for hereinafter. If less than a majority of those persons voting in such election vote for approval of the Act, it shall be void and of no force and effect, and it shall be the duty of the Ordinary to certify such re sults to the Secretary of State. The expense of such election shall be borne by Baldwin County. It shall be the duty of the Ordinary to hold and conduct such election and it shall be the duty of the Ordinary to canvass the returns and declare and certify the results of the election.
In the event a majority of the persons voting in the aforesaid elec tion vote for approval of the Act, an election shall be held in the City of Milledgeville for the purpose of submitting this Act for approval or rejection. The election and the registration of voters therefor shall be under the same provisions of law and rules and regulations as are other elections in the City of Milledgeville. The governing authority shall set the date of the election for a day not less than seventy nor more than ninety days after the date of the election held as provided for hereinbefore. It shall be the duty of the governing authority to cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in a newspaper of general circulation in the City of Milledgeville, along with a brief description of the affected area described hereinbefore. The ballot shall have printed thereon the words:
"For approval of the Act extending the corporate limits of the City of Milledgeville so as to include (briefly designate area).
642
JOURNAL OF THE HOUSE,
"Against approval of the Act extending the corporate limits of the City of Milledgeville so as to include (briefly designate area)."
All persons desiring to vote in favor of the Act shall vote for ap proval, 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 less than a majority of those persons voting in such election vote for 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 Milledgeville. The person or persons whose duty it is to hold and conduct other elections in the City of Milledgeville shall canvass the returns and declare and certify the results of the election. The re sults thereof shall be certified to the Ordinary, who shall, in turn, certify such results to the Secretary of State.
SECTION 3.
All laws and parts of laws in conflict with this Act are hereby repealed.
GEORGIA, BALDWIN COUNTY:
Notice is hereby given that there will be introduced at the 1956 Session of the General Assembly of Georgia a Bill to make provisions relative to extending the corporate limits of the City of Milledgeville, to provide for a referendum, and for other purposes.
Joseph B. Duke W. C. Massee
12 22 3tc
GEORGIA, FULTON COUNTY
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joseph B. Duke, who, on oath, deposes and says that he is Representative from Baldwin County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Union-Recorder, which is the official organ of said County, on the following dates: Dec. 22 and 29, 1955 and Jan. 5, 1956.
/s/ Joseph B. Duke Representative, Baldwin County.
Sworn to and subscribed before me this 16 day of Jan., 1956.
/s/ Frank H. Edwards Notary Public Notary Public, Georgia, State at Large. My Commission Expires October 14, 1959. (Seal Affixed).
The report of the committee which was favorable to the passage of the Bill, was agreed to, by substitute.
On the passage of the Bill, by substitute, the ayes were 104, nays 0.
MONDAY, FEBRUARY 6, 1956
643
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HR B2-163a. By Messrs. Matthews and Stephens of Clarke:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the Ordinary of Clarke 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 53-163b. By Mr. Fowler of Douglas:
A Resolution authorizing and directing the State Librarian to furnish certain law books to Douglas County; and for other purposes.
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 107, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 67-200b. By Mr. Cowart of Calhoun:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the Clerk of the Superior Court of Calhoun 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.
HB 168. By Messrs. Lavender of Elbert, Matheson of Hart and Fain of Frank lin:
A Bill to be entitled an Act to change the terms and time of meeting of the Superior Courts of the counties of the Northern Judicial Circuit; and for other purposes.
The following Committee substitute to HB 168 was read and adopted:
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JOURNAL OF THE HOUSE,
By: Messrs. Lavender of Elbert, Matheson of Hart, Ayers of Madison, Fain of Franklin and Lowe of Oglethorpe:
AN ACT
To change the terms and the time of meeting of the Superior Courts of the counties of the Northern Judicial Circuit; to provide an effective date; to prescribe how and when Grand Juries shall be re quired to attend said court and what terms shall be Grand Jury terms; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
The terms of the Superior Courts of the counties of the Northern Judicial Circuit shall begin on the following dates in each year:
Franklin County--3rd Monday in January, 4th Monday in March, 1st Monday in August, and 3rd Monday in October.
Hart County--1st Monday in February, 4th Monday in May, 1st Monday in October.
Madison County--3rd Monday in February, 3rd Monday in May, 4th Monday in August, and 2nd Monday in December.
Elbert County--1st Monday in March, 2nd Monday in September.
Oglethorpe County--3rd Monday in March, 4th Monday in Sep tember.
SECTION 2.
The Grand Jury terms of the Superior Courts of the counties of the Northern Judicial Circuit shall begin on the following designated terms in each year:
The March and October terms of Franklin Superior Court are designated as Grand Jury terms.
The February and October terms of Hart Superior Court are designated as Grand Jury terms.
The February and August terms of Madison Superior Court are designated as Grand Jury terms.
The March and September terms of Elbert Superior Court are designated as Grand Jury terms.
The March and September terms of Oglethorpe Superior Court are designated as Grand Jury terms.
At all designated Grand Jury terms, the proper officials shall draw and subpoena grand jurors to serve at said terms, and the grand jurors so selected shall serve until the following grand jury term of said court unless they are discharged by the judge.
MONDAY, FEBRUARY 6, 1956
645
SECTION 3. This Act shall become effective April 15, 1956.
SECTION 4.
All laws and parts of laws in conflict with this Act are hereby repealed.
The report of the committee which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 106, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 285. By Mr. Dozier of Miller:
A Bill to be entitled an Act to amend an Act providing for the use of voting machines in Miller County; and for other purposes.
The following committee amendment was read and adopted:
Mr. Dozier of Miller moves to amend HB 285 as follows:
By adding a section to said Bill to be known as 2A and to read as follows:
"2A. At least 30 days before the date of the election hereinafter provided, it shall be the duty of the Ordinary of Miller County to issue the call for an election for the purpose of submitting this Act to the voters of Miller County for approval or rejection. The Ordinary shall set the date of the election for the second Wednesday in September, 1956. This Ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Miller County. The ballot shall have printed thereon the words:
"For voting machines.
"Against voting machines."
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 less than a majority of those persons voting in such election vote for approval of the Act, then it shall be void and of no force and effect. The expense of such election shall be borne by Miller County. It shall be the duty of the Ordinary to hold and conduct such election in the following manner. The Ordinary shall personally collect the cast ballots at the polls and deposit same in a locked safe. No other person shall be authorized to handle said ballots, or to remove the ballot boxes from their position at the polls. On the day following the election, said safe shall be publicly opened and said ballots shall be counted in public and any resident of Miller County who shall desire
646
JOURNAL OF THE HOUSE,
to attend said counting may do so. It shall be the further duty of the Ordinary 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 365. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to permit a sheriff of any county in the State of Georgia having a population in excess of 12,100, but no more than 12,200, to delegate to the tax collector or tax commissioner of such county, the power and authority to levy and conduct judicial sales in the manner now provided by law for sales by sheriffs; and for other purposes.
The report 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 371. By Messrs. Register and Mathis of Lowndes:
A Bill to be entitled an Act to provide for the use of voting machines, for casting, registering, recording and computing ballots or votes in all elections including primaries and municipal elections in the County of Lowndes; and for other purposes.
The report 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 373. By Mr. Kennedy of Tattnall:
A Bill to be entitled an Act to amend an Act establishing the City Court of Reidsville; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
MONDAY, FEBRUARY 6, 1956
647
HB 378. By Messrs. Chambers, Holley, and Sanders of Richmond:
A Bill to be entitled an Act to authorize the Ordinary of any County having a population of not less than 100,000 nor more than 114,000 according to the 1950 United States census or any future United States census to maintain microfilm records of the Official organ of the County or other newspapers and such records as may be required by law; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 113, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 381. By Messrs. Denson and Watson of Dougherty:
A Bill to be entitled an Act to provide for fire protection districts in Dougherty County; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 385. By Messrs. Sanders, Chambers, and Holley of Richmond:
A Bill to be entitled an Act to amend an Act 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.
The report 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 386. By Messrs. Sognier, Cheatham and Eyler of Chatham, and Rutland, Mackay and McWhorter of DeKalb:
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; and for other purposes.
648
JOURNAL OF THE HOUSE,
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 391. By Mr. Jones of Lumpkin:
A Bill to be entitled an Act to provide for the terms of court of the Superior Court of Lumpkin County; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 392. By Mr. Russell of Barrow:
A Bill to be entitled an Act creating a Board of Commissioners of Roads and Revenues for the County of Barrow; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 117, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 399. By Messrs. Foster and Blalock of Clayton:
A Bill to be entitled an Act to amend an Act creating a three member Board of Commissioners of Roads and Revenue of Clayton County; and for other purposes.
The following Substitute to HB 399 was read and adopted:
By: Mr. Foster of Clayton:
AN ACT
To amend an Act creating a three member Board of Commissioners of Roads and Revenues of Clayton County, approved February 8, 1955 (Ga. Laws, p. 2064), so as to provide for the term of office of the Chairman and the Vice-Chairman of said Board; to increase the com pensation of the members of the Board other than the Chairman; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
MONDAY, FEBRUARY 6, 1956
649
SECTION 1.
An Act creating a three member Board of Commissioners of Roads and Revenues of Clayton County, approved February 8, 1955 (Ga. Laws, p. 2064), is hereby amended by striking Section 5 of said Act in its entirety and inserting in lieu thereof the following:
"Section 5. At each first regular meeting in January immediately following the election of the members to the Board, the members shall elect a Chairman and Vice-Chairman. The Chairman and Vice-Chair man so elected shall serve for four (4) years and until their successors are elected at the next first meeting in January following the election year of Board members. Any member may succeed himself as Chair man or Vice-Chairman if reelected to the Board. In the event that the members of the Board are unable to elect a Chairman, the senior Judge of the Superior Court of Clayton County shall designate one of the members as Chairman. In the event that the members of the Board are unable to elect a Vice-Chairman, the senior Judge of the Superior Court of Clayton County shall designate one of the members as ViceChairman."
SECTION 2.
Said Act is further amended by striking Section 7 in its entirety and inserting in lieu thereof a new Section 7 to read as follows:
"Section 7. The Chairman of the Board shall be compensated in the amount of six thousand two hundred and fifty ($6,250.00) dollars per annum to be paid in equal monthly installments from the funds of Clayton County. The county shall furnish the Chairman with gasoline and oil for his automobile when used for county business and he shall be allowed five cents (.05) per mile for the use of his automobile when used for county business, but such mileage allowance shall not exceed six hundred ($600.00) dollars per annum. Such mileage allowances shall be paid monthly. The other two members of the Board shall be compensated in the amount of two thousand ($2,000.00) dollars per annum to be paid in equal monthly installments. Such other members shall be allowed five cents (.05) per mile for the use of a personal automobile when used for county business, but such mileage shall not exceed three hundred ($300.00) dollars per annum. Such mileage al lowances shall be paid monthly. The Chairman of the Board shall devote his entire time to the duties of his office and shall be the admin istrative and executive official of the Board. All three members of the Board, however, shall have an equal vote in all matter pertaining to the affairs of Clayton County, and the Chairman shall carry out and administer the policies set by the Board. Two members of the Board shall constitute a quorum for the conducting of business, but it shall always take a concurrent vote of at least two members of the Board to make any action official."
SECTION 3.
All laws and parts of laws in conflict with this Act are hereby repealed.
The report of the committee which was favorable to the passage of the Bill, was agreed to, by substitute.
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JOURNAL OP THE HOUSE,
On the passage of the Bill, by substitute, the ayes were 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HR 142-399f. By Messrs. Foster and Blalock of Clayton:
A Resolution authorizing the State Librarian to furnish the Superior Court of Clayton County, without cost to said county, certain law books; and for other purposes.
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 119, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HB 403. By Mr. Ramsey of Effingham:
A Bill to be entitled an Act to amend an Act incorporating the Town of Rincon in the County of Effingham; and for other purposes.
The report 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 404. By Mr. Phillips of Walton:
A Bill to be entitled 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 121, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 405. By Mr. Souter of Macon:
A Bill to be entitled an Act to amend an Act incorporating the Town of Ideal, in the County of Macon; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 122, nays 0.
MONDAY, FEBRUARY 6, 1956
651
The Bill, having received the requisite constitutional majority, was passed.
HB 406. 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 123, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 410. By Mr. Fowler of Douglas:
A Bill to be entitled an Act to authorize the governing authority of Douglas County to create and establish restricted zones or districts; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 124, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 411. By Mr. Jones of Lumpkin:
A Bill to be entitled an Act to amend an Act consolidating the office of Tax Receiver and Tax Collector of Lumpkin County into the office of Tax Commissioner; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 415. By Mr. Bagby of Paulding:
A Bill to be entitled an Act to amend, consolidate, and supersede the several Acts incorporating the Town of Hiram, in the County of Paulding; and for other purposes.
The report 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.
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JOURNAL OP THE HOUSE,
HB 417. By Messrs. Sognier, Cheatham and Eyler of Chatham:
A Bill to be entitled an Act to amend the Charter of the Mayor and Aldermen of the City of Savannah and the several Acts amendatory thereof by authorizing the Mayor and Aldermen of the City of Savan nah to close and sell to Taliaferro Baptist Church of Savannah, Georgia, Inc., that portion of Macon street in 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 127, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 419. By Messrs. Lokey, M. Smith, and H. Smith of Fulton:
A Bill to be entitled an Act to fix the salary of the sheriff 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 128, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 420. 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 for the retirement of the judges and the solicitor-general of the crimi nal court of Fulton County; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 129, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 421. 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 fix the compensation of commissioners of roads and revenues in certain counties 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 130, nays 0. The Bill, having received the requisite constitutional majority, was passed.
MONDAY, FEBRUARY 6, 1956
653
HB 427. By Messrs. Sanders, Chambers and Holley of Richmond:
A Bill to be entitled an Act to provide for the appointment of a special trial assistant in the office of the Solicitor-General in all counties of this State having a population of not less than 75,000 and not more than 112,500; and for other purposes.
The report 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 429. By Mr. Harrison of Wayne:
A Bill to be entitled an Act to ratify the action of the mayor and council of the City of Jesup relative to the issuance of a deed to a portion of an alley located in said city; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 104, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 76. By Senator Coffin of the llth:
A Bill to be entitled an Act to amend the Charter of the City of Dawson, Georgia; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 82. By Senator Page of the 1st:
A Bill to be entitled an Act to create a Civil Service System 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 106, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Groover of Bibb moved that the House reconsider its action in passing the following Bill of the Senate:
654
amendment Groove
read and adopted:
- """ -
,
37 B
Resolution
n,Hlutl(,na,
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-
of
MONDAY, FEBRUARY 6, 1956
655
SB 54. By Senators Lambert of the 28th and Turner of the 34th:
A Bill to be entitled an Act to amend an Act creating the office of the Judge of the Superior Court Emeritus; and for other purposes.
Referred to the Committee on Special Judiciary.
SB 61. By Senator Shurling of the 21st:
A Bill to be entitled an Act to amend an Act relating to mortgages, conveyances to secure debt and liens so as to establish liens in favor of subcontractors and in favor of mechanics and materialmen; and for other purposes.
Referred to the Committee on General Judiciary #1.
SB 63. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act providing for the estab lishment of a Budget Bureau, the preparation and submission of the Budget and for other purposes.
Referred to the Committee on State of Republic.
SB 71. By Senators Millican of the 52nd, Hollis of the 24th and Lovett of the 16th:
A Bill to be entitled an Act to require all fees paid to departments or agencies of the State of Georgia, except those paid to the common Schools or to the institutions of the University System, to be paid into the State Treasury, and for other purposes.
Referred to the Committee on State of Republic.
SB 81. By Senators Hollis of the 24th and Overby of the 33rd:
A Bill to be entitled an Act to declare void any Judicial action by any Court of this State in any matter in which the State of Georgia or an Official of the State of Georgia, in his official capacity, is a party defendant, and for other purposes.
Referred to the Committee on State of Republic.
Under the regular order of business, the following Bills of the House and Senate were taken up for consideration and read the third time:
HB 366. By Messrs. Hall of Floyd, Moate of Hancock, Floyd of Chattooga,
Henderson of Atkinson, Barber of Jackson, and Jones of Lumpkin: A Bill to be entitled an Act to amend an Act establishing a retirement system for certain teachers in the public and State supported schools; and for other purposes.
The following amendments were read and adopted:
Mr. Groover of Bibb moves to amend HB 366 by adding a new Section as follows: "This Act shall be effective only when money be comes available to finance the same."
656
JOURNAL OF THE HOUSE,
Mr. Hall of Floyd moves to amend HB 366 as follows: The pro visions of this Act are retroactive to teachers already retired and shall apply on a pro-rata basis to those teachers who retire with less than 35 years service.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 123, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 267. By Messrs. Moate of Hancock, and Groover of Bibb:
A Bill to be entitled an Act to require that all common carriers of passengers for hire in intrastate travel providing waiting room and reception room facilities, shall provide separate accommodations for white and colored passengers traveling in intrastate travel; and for other purposes.
The following committee substitute to HB 267 was read:
The Committee on State of Republic moves to substitute for HB 267 the following:
AN ACT
To require that all common carriers of passengers for hire in intrastate travel providing waiting room and reception room facilities, shall provide separate accommodations for white and colored pas sengers traveling in intrastate travel; to prescribe misdemeanor pun ishment therefor; to provide for injunction; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1.
That all common carriers of passengers for hire providing waiting room and reception room facilities, shall provide separate accommoda tions for white and colored passengers traveling in intrastate travel, as follows:
(a) For white passengers traveling in intrastate travel, a separate waiting or reception room shall be provided, above the entrance of which shall be painted or shown in bold letters the words, "WHITE WAITING ROOM, INTRASTATE PASSENGERS."
(b) For all other passengers traveling in intrastate or interstate travel, a separate waiting or reception room shall be provided, above the entrance of which shall be painted or shown in bold letters:
MONDAY, FEBRUARY 6, 1956
657
WAITING ROOM, INTERSTATE PASSENGERS AND COLORED INTRASTATE PASSENGERS."
SECTION 2.
Any common carrier violating the provisions of this Act shall be guilty of a misdemeanor and punished as provided therefor by law.
SECTION 3.
Each day that such carrier refuses or fails to comply with this this Act shall be considered a separate and distinct offense.
SECTION 4.
The Solicitor General of the Circuit wherein a violation of this Act occurs may institute action in the superior court to enjoin such violation, without regard to whether such violation would, under gen eral principles of law, constitute a nuisance.
SECTION 5.
All laws or parts of laws in conflict with this Act be and the same are hereby repealed.
The following amendments were read and adopted:
Mr. Groover of Bibb moves to amend the Committee Substitute to HB 267 by adding to Section 1 a new subsection as follows:
"(c) There shall also be provided, where such accommodations are furnished, separate toilets and separate facilities for drinking water for colored passengers and separate toilets and separate facilities for drinking water for white passengers: Provided that the separate toilets and separate facilities for drinking water for all white passengers may be provided as a part of or in connection with the separate waiting room for white intrastate passengers."
Mr. Groover of Bibb moves to amend the Committee Substitute for HB 267 by adding thereto a new section to be designated Section 4-A as follows:
"Section 4-A. Each provision of this Act is separately enacted and if any section or provision thereof shall be held to be unconstitutional or invalid for any reason, the remaining portions shall be unaffected. If this Act or any section or provision of this Act shall be held to be invalid or unconstitutional as applied to any person or group of per sons, the same shall continue of full force and effect with respect to all other persons and groups of persons. If this Act or any section or provision of this Act shall be held to be invalid or unconstitutional in relation to any circumstance or set of circumstances, the same shall continue of full force and effect as to all other circumstances situations, and facts and circumstances."
The substitute, as amended, was adopted.
The previous question was ordered.
658
JOURNAL OP THE HOUSE,
The main question was ordered.
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 114, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
HB 268. By Messrs. Moate of Hancock, and Groover of Bibb:
A Bill to be entitled an Act to require that all persons traveling in intrastate travel occupy or use only the waiting rooms marked and provided for such persons; and for other purposes.
The following substitute to HB 268 was read and adopted:
By Mr. Groover of Bibb:
AN ACT to require that all persons traveling in intrastate travel occupy or use only the waiting rooms marked and provided for such persons; to prescribe misdemeanor punishment for a violation of this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. All white or colored passengers traveling in intrastate travel on any common carrier of passengers for hire, shall occupy or use only the waiting room or reception room provided and designated for their respective races, and no such white passenger shall occupy any waiting or reception room other than that marked or designated "White Waiting Room, Intrastate Passengers," and no such colored passenger shall occupy or use any waiting or reception room other than that marked and designated "Waiting Room--Interstate Passengers--Col ored Intrastate Passengers:" Provided, that nothing herein contained shall prevent any white interstate passenger from using or occupying the waiting room set apart for white intrastate passengers.
Section 2. Any person violating the provisions of this Act shall be guilty of a misdemeanor and punished as provided therefor by law.
Section 3. No action for false arrest, false imprisonment, or other action shall be entertained by any court of this State against any law enforcement officer or other person for an arrest or imprisonment arising out of a violation of this Act.
Section 4. All laws or parts of laws in conflict with this Act be and the same are hereby repealed.
The previous question was ordered.
The main question was ordered.
MONDAY, FEBRUARY 6, 1956
659
The report of the committee which was favorable to the passage of the Bill, was agreed to, by substitute.
On the passage of the Bill, by substitute, the ayes were 123, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 271. By Messrs. Moate of Hancock, and Groover of Bibb:
A Bill to be entitled an Act to amend Title 18 of the Code of Georgia, relating to common carriers of passengers for hire; and for other purposes.
Mr. Groover of Bibb moved that HB 271 be postponed indefinitely.
The motion prevailed, and the Bill was postponed indefinitely.
SB 46. By Senator Matthews of the 47th:
A Bill to be entitled an Act to regulate the sale of brake fluid; to provide for specifications; and for other purposes.
Mr. McGarity of Henry moved SB 46 be postponed indefinitely.
The motion to postpone indefinitely was lost.
The following amendment to SB 46 was read and adopted:
Mr. Freeman of Monroe moves to amend SB 46 as follows:
By striking out the words "Commissioner of Agriculture" and inserting in lieu thereof "State Revenue Commissioner" where they appear in this Bill as follows:
Section 1 (b)
Section 5
Section 6
Section 11
and by striking out Section 9 in its entirety and renumbering the fol lowing sections accordingly.
The previous question was ordered.
The main question was ordered.
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. Freeman of Monroe moved the ayes and nays and the call was sustained.
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JOURNAL OF THE HOUSE,
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Barber of Colquitt Barber of Jackson Barker Baughman Black Blackburn Blalock Bloodworth Bodenhamer Bolton Brannen Callier Campbell Carlisle Cason Chastain Cheatham Cheek Clary Cloud Cocke Cornelius Cotton Cowart Coxwell Denmark Denson Dozier Duke English Eyler Fordham Foster Fowler of Douglas Fowler of Tift
Freeman Frier Garrard Gilleland Greene of Crisp
Groover Gross of Stephens Gross of Dade Hall Hardaway Harrison of Jeff Davis Harrison of Wayne Hawkins Hayes Henderson Hodges Holley Houston Hudson Ivey Johnson of Jenkins Johnson of Gilmer Jones of Worth Jones of Lumpkin Jones of Sumter
Kelley Kennedy of Tattnall
Key Kilgore Killian King of Whitfield King of Pike
Kitchens
Lam Land Lanier Larkins Lavender Lindsey Long Love Martin Massee Matheson of Hart Mathis of Lowndes
Mauldin McKelvey
Mincy Musgrove Odom Palmer Parker Peacock Pelham Peters Phillips of Walton Potts Eamsey Raulerson Ray Reed Rodgers Roughton Rowland Sanders Scoggin Short Smith of Evans M. M. Smith of Fulton Sognier Stewart Strickland Stripling Tamplin Tanner Tarpley Twitty Underwood of Bartow
Underwood of Montgomery
Watson Weems Wheeler Williams Willis Wilson of Towns Wooten Wright
Those voting in the negative were Messrs.:
Ayers Bagby Birdsong Brown Caldwell Gates
Chambers Drinkard Fain Green of Rabun Grimsley Hogan
Huddleston Jones King of Chattahoochee Mallory McGarity McKenna
MONDAY, FEBRUARY 6, 1956
661
McWhorter Mobley Moore Murphey of Crawford Murphy of Haralson Murr Nightingale Nilan
Perkins Phillips of Columbia Pickard Ruark Russell Sivell Smith of Emanuel Stephens of Clarke
Stevens of Marion Terrell Todd Veal Wilson of Peach Young
On the passage of the Bill, as amended, the ayes were 125, nays 40.
The Bill, having received the requisite constitutional majority, was passed, as amended.
The hour of 11:45 o'clock, 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 S. 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, Governor S. 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:
SPEAKER MOATE, LIEUTENANT-GOVERNOR VANDIVER, MEMBERS OF THE GENERAL ASSEMBLY AND MY FELLOW GEORGIANS:
We are in session here today to give continuing consideration to the most vital issue to confront this body since its creation.
That is the question of our course of action in the face of decisions by the United States Supreme Court which seek to destroy our system of segregated schools.
Our peril is all the more grave because the means utilized in these rulings strike at the very existence of state authority.
This General Assembly has enacted legislation making provision for education grants as authorized by the Amendment adding Section 13 to Article 8 of the Georgia Constitution.
This General Assembly also has enacted other implementing legis lation at this session.
These measures were recommended by the Georgia Commission on Education and by me. It has been my pleasure as Chief Executive, formally to approve these Acts, and they are now the law.
I congratulate you upon this achievement.
We are determined to use all honorable means and legal resources in this fight!
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We are now prepared, as and when necessary, and of course not until then, to commit the education of the children of this State to the people themselves.
Through a system of private schools, organized and founded by the school patrons in the local communities, an educational structure serviceable and satisfactory to Georgians will continue as long as the people desire.
We must now direct our attention toward the continued preserva tion of our public schools. Authorized by the Georgia Constitution of 1777, the State's public school system is the oldest constitutionallyauthorized system in the United States.
The social structure of the State is secure by reason of the legis lation which you have enacted. As a result of these laws, the integrity of the two races in Georgia will be maintained.
But it is your solemn duty as representatives of the people and it is my solemn duty as Chief Executive, to utilize every means at our disposal to protect and defend the right of the State to operate her public schools as long as she desires.
We labor under this duty because the public schools of Georgia are good schools, operating in an efficient manner and serving well the children of both races. Also because acquiescence in the edicts of the Supreme Court of the United States over public schools is an invitation to that Court further to extend unlawfully its authority over other matters concerning which they have no rightful jurisdiction.
The Supreme Court had no authority to declare segregated public schools unconstitutional. Therefore, Georgia may not be accused justly of violating her obligations as a member of the Union in continuing to operate her public schools in each and every school district in this State.
As a matter of right under these circumstances, the State ought to be possessed of power to declare that the Court overstepped its au thority; that these decisions are null and void, and, thus, to justify before the Nation the interposition of her sovereign power between the Court and her public schools.
The Commission on Education has recommended that you adopt a resolution to that effect.
When I had the honor of addressing you on January 10th, I stated it would be my privilege at a later date to present to you my views upon this matter. Since that time I have conferred at length with Counsel, and have had the opportunity of meeting in Richmond with the Chief Executives of the Commonwealth of Virginia and the States of South Carolina and North Carolina and Mississippi.
It is my request that this General Assembly adopt a resolution declaring the decisions of the Supreme Court of the United States in the cases relating to the public schools of Virginia, South Carolina, Delaware and Kansas, to be null and of no effect.
The Court's attempted usurpation is palpable and flagrant.
MONDAY, FEBRUARY 6, 1956
663
The circumstances are such as in my judgment authorize you to take this course.
Now, let us examine the nature and structure of the government provided by the Constitution of the United States, and the fundamental principles of relationship between the States and the Federal Govern ment, with particular reference to its Judicial Department.
Here are some fundamental truths:
1. In this Country sovereignty resides in the people of the respec tive States.
2. When the Constitution of the United States was formed and the Federal Government established, the people of the respective States delegated a portion of governmental authority to the Federal Govern ment.
3. All of the power not so delegated to the Federal Government is retained by the people of the respective States.
4. The three departments of the Federal Government--the execu tive, legislative and judicial--are agencies for the people of the respec tive States, created for the purpose only of carrying out the authority granted to each department.
5. The Supreme Court of the United States is one of the units of the Judicial Department of the Federal Government, and can have no authority beyond that delegated by the Constitution of the United States to the Judicial Department.
6. When any of the three departments of the Federal Government undertakes to exercise authority over matters concerning which it has not been granted power, such an undertaking is illegal and unconstitu tional, because it is beyond the authority granted. No exception is made for the Supreme Court of the United States, and if it undertakes to exercise power over a subject concerning which no authority has been granted, its acts are illegal, unconstitutional and without any lawful force.
7. The Supreme Court of the United States has no jurisdiction over any State of the Union except in the case of suits between States respecting boundary disputes and the like; and suits between the States and the United States in cases of that character.
8. Since the Federal Supreme Court has no other authority to render any judgment against a State, its declaration that the States are prohibited from operating public schools according to the segregated system is wholly without authority of the Constitution.
9. The judicial power of the United States does not in the nature of things extend to interferring with the States in respect of their public school systems.
10. By these vicious decisions the Court undertakes to establish that its pronouncements are the supreme law of the land. The Court thus disobeys the Constitution, for it is there provided that the Con stitution, the laws of the United States made in pursuance thereof, and treaties made under the authority of the United States, shall be the supreme law of the land. The Court assumes further unlawfully
664
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the power to judge all the laws of the States according to facts created by the Court, and to veto such laws if in the judgment of the Court they do not meet with its approval.
11. The Supreme Court has no power to judge the extent of its own authority. Its jurisdiction is that which is authorized by the Con stitution. When it goes beyond the Constitution, it oversteps its powers. It cannot by a mere claim of additional authority confer the same upon itself.
12. The authority which the Supreme Court may exercise must be found within the limits of the judicial power delegated by the States. If the Court attempts to intrude into an unauthorized field, a State possesses the right to take note of the unlawful conduct of the Court and formally to declare the true nature and character thereof, and to denounce the same as null and void. It is the duty of the State in flagrant cases to so interpose its powers between its people and the effort of the Court to assert an unlawful dominion over them. This right of interposition, though not expressly referred to in the Con stitution, arises out of the nature and character of that instrument and the government established by it, and exists of necessity.
The Constitution is in writing so that the powers granted to the Federal Government may be stated.
No other reason exists for a written Constitution.
A government of unlimited power needs no written Constitution.
To prevent the Federal Government from thereafter claiming to possess powers not delegated to it; the first Congress submitted to the States for ratification the Bill of Rights, the Tenth Amendment of which is in the following words:
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respec tively, or to the people."
The outer limits of the powers of the Judicial Department are set forth in the Third Article of the Constitution. The Supreme Court is a part of that Department. This article does not attempt to elevate the Judicial Department over and above any State of the Union or over and above the Legislative and Executive Departments of the Federal Government.
When the Supreme Court of the United States acts beyond the powers delegated to it, it oversteps its authority.
Such acts cannot bind the States from whose people all its powers are derived.
We now reach the question as to the status of the decisions of the Supreme Court of the United States against the public schools.
By these decisions the separate school laws of those States afford ing each race its own schools were declared violative of the Con stitution.
MONDAY, FEBRUARY 6, 1956
665
In these decisions the Court said "all provisions of Federal, State or local law" contrary to the decision "must yield."
The Court thus undertakes to overturn separate school laws of all the States providing segregated education.
The United States Constitution prevents any State from being sued by individuals in the Supreme Court or in any Federal Court without the State's consent. For this reason, these decisions do not and cannot bind the State of Georgia.
Having no authority to entertain such a case against Georgia the Supreme Court cannot bind this State by a judgment rendered in suits otherwise entertained. Being without authority to bind the State of Georgia directly, the Court cannot by indirection attain the same result.
The Court was without jurisdiction in these cases for each of two plain and specific reasons: (1) The cases were suits against the States, and the Constitution forbids the Court to try them. (2) The contro versies were not "cases in law and in equity" and the jurisdiction of the Court is expressly limited to such cases.
In each of the school segregation suits the real defendant was the State but the truth is that this Court refuses to confine itself within limits set up by the Constitution.
The Constitution confines the Judicial Department to matters of a judicial nature and character. Before a suit can be entertained by any Federal Court it must be in law or in equity.
The great educational and social questions involved in the school segregation litigation do not relate to cases either at law or in equity.
A judicial controversy is not involved.
The controversy is a public one.
No court can determine it.
No system of law provides for the solution of such matters in judicial proceedings.
The Constitution of the United States provides no exception.
The truth is that the fundamental issue involved in this dispute is determinable only by the people themselves, speaking through their legislative bodies.
What then moved the Court to commit so grave an act of usurpa tion?
"Partisan politics" does not afford a complete answer.
The whole motivation may be found in pressures far more com pelling. A close examination of what the Court has done discloses the true purpose to be nothing less than the destruction of the States.
The great body of the rights of free men are not embraced within the privileges and immunities of citizens of the United States. These
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JOURNAL OF THE HOUSE,
rights are possessed in virtue of State citizenship alone, and it is to the State Government that the citizen looks for protection in respect of these rights.
This is admitted by the Supreme Court.
It was under the "equal protection of the laws" clause of the Fourteenth Amendment that the Court made these decisions under which it is claimed that the states have no authority to operate separate public schools.
The Court said such separate school systems are violative of the folowing words of the Fourteenth Amendment: "No State shall . . . deny to any person within its jurisdiction the equal protection of the laws."
There is no provision in the Federal Constitution dealing with education or schools.
Not one word or syllable!
Education is one of the subjects reserved to the States.
There are no provisions in the Federal Constitution on the subject of race, except those in the Fifteenth Amendment which relates solely to voting.
Nor does the United States Constitution provide one way or an other with respect to the subject which so-called do-gooders refer to in vague and general terms as the doctrine of the "equality of man kind."
By what process of reasoning then does the Court attempt to justify its conclusion?
Let the Court speak in its own words, which I read:
"To separate them (the colored children) from others (the white children) of similar age and qualifications solely because of their race . . . generates a feeling of inferiority ... A sense of inferiority affects the motivation of a child to learn. Segregation with the sanction of law, therefore, has a tendency to retard the educational and mental development of Negro children and to deprive them of some of the benefits they would receive in a racially integrated school system."
Such a conclusion is absurd on the face of it and insulting to the intelligence.
The decision of the Court does not rest upon any construction of the Constitution. It does not rest upon in-equality of protection under the language of the separate school laws. It is based entirely upon the "inferiority complex" finding just quoted.
The Court concocted this ridiculous theory and then pronounced it a part of the Supreme Law of the Land. The dubious character of the several books on sociology and psychology cited by the Court is not here so important as that the Court sought to transmute socialistic theory into law.
Sociology and psychology are not exact sciences.
MONDAY, FEBRUARY 6, 1956
667
Their application to public education brings every phase of that subject under Federal jurisdiction. The laws respecting marriage and divorce likewise are subject to revision and review, upon allegations of unconstitutionality, by this new ruling of the Court.
And here, let all remember that central governments of general power are like the grave--they perpetually cry, give! give! And like the grace, they never return the liberties once taken.
The Court having exceeded its jurisdiction in the respects hereto fore pointed out, these decisions are manifestly null and void, unless the Constitution gives the Court the power to determine the extent of its own authority.
The Court cannot be said to have the power to judge of its own authority when its entire authority is under the complete control and dominion of the Congress. Assertions that the Supreme Court can rightly do as it pleases have no basis in the Constitution.
This is not to say that the Supreme Court may not hold a law which is violative of the Constitution to be unconstitutional if it is necessary for the Court to determine this question in order to dispose of a case in law or equity legitimately before it for decision. The Con stitution says nothing on this subject, but this power inheres in every Court when necessary to the exercise of its jurisdiction.
But the Court cannot overstep the Constitution.
Nor has the Court any power to say that the Constitution changes in meaning.
The interposition of authority against unlawful and unconstitu tional actions of the Supreme Court peculiarly is within the province of the States.
The States alone are parties to the Constitution.
The Federal Government is no party thereto, but the creature thereof.
The States, by the compact of the Constitution, having created the Federal Government, have the right to pronounce as null and void the assertion of unlawful dominion by any of the departments thereof.
The fact that the Constitution does not refer to this right of the States is no evidence that it does not exist. The existence of the power is implicit in the nature and structure of our Government. It is among the reserved rights of the States.
Just as the Supreme Court may declare laws unconstitutional when such is necessary to exercise of the authority committed to it to try cases in law and equity, so the States may declare null and void any unlawful action of the Supreme Court which interferes with the exercise of their reserved rights.
Interposition is no new doctrine. It is one which has been recog nized since the beginning and dealt with fully and supported by both Jefferson and Madison who certainly knew whereof they spoke.
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Power is co-existence with duty. Each State necessarily possesses sufficient power to discharge the duty owed her citizens. Each State possesses the inherent power needed to discharge her governmental responsibilities.
Georgia has a right to operate and maintain a public school sys tem utilizing such educational methods therein as in her judgment are conducive both to the welfare of those to be educated and the people of the State generally.
This is a governmental responsibility which lawfully she has assumed.
Her rights in this respect have not been delegated to the central government, but on the contrary, she and the other States have re served such matters to themselves by the Tenth Amendment.
Being possessed of this lawful right, she is clothed with power to repel every unlawful interference therewith.
The duty and responsibility of protecting life, property and the priceless possessions of freedom rest upon the Government of Georgia as relating to all those within her territorial limits. The State alone has this responsibility.
It would be vain for the State to be charged with the responsi bility of protection of the fundamental rights of the people if she is powerless to declare null and void an overstepping of authority by the Federal Judiciary.
The procedure of Interposition is woven throughout the whole fabric of our constitutional history.
This right has been asserted many times over the years by both Northern and Southern States under a wide variety of circumstances.
Ample precedent for its exercise exists in the constitutional his tory of our own State of Georgia.
We can be proud that she was one of the first States in the coun try to rise up against usurpation of her reserved sovereign powers.
On three occasions in the past the Georgia General Assembly has interposed successfully against unconstitutional decisions of the Su preme Court in which the State of Georgia was involved.
The first interposition of Georgia resulted from the Chisholm case in which the State refused to appear because the Federal Su preme Court had no jurisdiction to entertain a suit by a private indi vidual against the State without the State's consent.
The Court refused to obey the Constitution and held that Georgia and other States could be sued without their consent. The Eleventh Amendment resulted, and the Court so rebuked, ordered the Chisholm case and other such cases swept from its records.
Later Georgia again was compelled to interpose against Court in order to save for the State that enormous portion of her territory occupied by the Cherokee Indian Tribes. This important part of our constitutional history appears in the famous cases of Worcester v.
MONDAY, FEBRUARY 6, 1956
669
Georgia; Cherokee Nation v. Georgia and in the eases of Tassel and Graves.
In this great controversy with the Court, Georgia's interposition again was successful.
Constitutional history books are replete with numerous occasions where States have exercised the Right of Interposition to protect their people against unconstitutional federal laws or court decrees.
Kentucky, Virginia, Pennsylvania, Connecticut, Massachusetts, Rhode Island, New Hampshire, Vermont, South Carolina, Wisconsin and Iowa, to name a few, have utilized the Doctrine of Interposition on one or more occasions. In doing so, they recited the very language expounded by Jefferson and Madison.
Invocation of this State's Right of Interposition is not a substitute for, nor does it take the place of, the plan formulated for going to private schools as a last resort to preserve segregation.
The private school plan is designed to provide segregated schools within the terms of the United States Supreme Court decision.
It is our first, last and only absolute remedy.
Interposition is the assertion of our rights in the hope of prevent ing a situation which would lead to the abandonment of the public school system. It is an appeal to reason.
I have gone into considerable detail so that it might appear clearly that the States have both the right and duty of Interposition against conduct on the part of the Supreme Court which is not authorized by the powers granted under the Constitution. I have demonstrated that the usurpation in the public school cases is palpable and deliberate. I have shown that the rule announced by the Court will destroy the States.
Under these circumstances it is certainly, as I see it, the duty of this General Assembly to declare these decisions to be null and void.
If by naked force alone the Federal Government unlawfully forces these decisions upon us, the legislation which you have enacted at this session will protect the social structure. And at the same time, it will enable the people of the State to care for the education of their chil dren. Education can be provided by other than public schools. You have seen to that.
By denouncing these decisions as null and void, you declare what is true under the Supreme law of the land.
You vindicate the lawful power of the State.
And you make plain the right of Georgia to continue the operation of her public schools notwithstanding these decisions.
You do much more than that. As the representatives of the peo ple, you place the State's power and prestige squarely in the fight to preserve an indestructible Union of indestructible States.
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For that is the issue raised by the Court. During our generation that issue will be determined, and upon its determination rests the future of the American people.
The Court by claiming its own supremacy asserts old doctrine dressed in new form. Absolutism is as old as tyranny. Louis XIV of France said "I am the State." The Stuart Kings of England announced that they ruled by Divine Right and that the King could do no wrong. But the genius of American institutions is that sovereign power re sides in the people of the respective States.
We say with our fathers that no government, no governmental department, no court or other tribunal, has the right to dispose of the fundamental liberties of man. We believe that they derive from Almighty God. That when the great Creator of the universe breathed upon the dust and made an immortal Soul, he gave that man certain rights and freedoms beyond the power of government or any court, no matter how supreme.
It is unnecessary to catalog these immunities, but among them are the rights possessed by every man to have a home and rear a family, to choose his own associates, to rear his children according to his belief, to stand erect in the dignity of his personality and to maintain the pride of his inheritance.
The liberties of men never have lasted long under governments of total power. Freedom is a fragile flower and must be tended by the people with those close watchfulness which can be given only to gov ernments close to home and responsive to the local will.
Upon the great issues of the day Georgia always has played the valiant part. Let no one be mistaken about this and upon this issue the State and her people firmly will stand.
Senator Overby of the 33rd 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.
The following Resolution of the House was read and referred to the Com mittee on State of Republic:
HR 185. By Messrs. Moate of Hancock, Groover of Bibb, Drinkard of Lincoln, Fowler of Douglas, and Sheffield of Brooks:
A Resolution to declare the Supreme Court decisions of May 17, 1954 and May 31, 1955 in the school segregation cases and all similar decisions by the Supreme Court null, void and of no effect; and for other purposes.
The Speaker announced that the House would recess until 1:30 P. M. this afternoon.
MONDAY, FEBRUARY 6, 1956
671
AFTERNOON SESSION 1:30 o'clock P. M.
The Hour of the afternoon session having arrived, the Speaker called the House to order.
The Clerk was directed to correct typographical errors in SB 26.
Under the regular order of business, the following Bills and Resolutions of the House were taken up for consideration and read the third time:
HR 12-33a. By Mr. Odom of Camden:
A Resolution authorizing the Governor to convey certain State property in 29th G. M. District in Camden County, Georgia, being a part of the Santa Maria State Park Property, to the United States of America as a part of a proposed ammunition loading dump--King's Bay, near St. Mary's, Georgia, to be used by the United States Army and Navy; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the resolution, 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.:
Alien Ayers Bagby Barber of Colquitt Baughman Birdsong Black Bloodworth Bodenhamer Brannen Brown Callier Campbell Carlisle Cates Chambers Cheatham
Cocke Coker of Cherokee Coker of Walker Cotton Cowart Denson Dozier Drinkard Duke Eyler Flynt Fordham Fowler of Douglas Fowler of Tift Freeman Frier Garrard
Gilleland Gillis Green of Rabun Greene of Crisp Grimsley Groover Gross of Stephens Hardaway Harrison of Jeff Davis Hawkins Hayes Henderson Hendrix Hodges Holley Ivey Johnson of Jenkins
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Johnson of Gilmer Jones of Worth Jones of Sumter Jordan Kelley Key Kilgore Killian Killings-worth Kitchens Lam Lindsey Long Love Mallory Martin Mashburn Matheson of Hart Mathis of Lowndes
Matthews McCracken McKenna Moore
Moorman Mull Murphey of Crawford Murphy of Haralson Murr Musgrove
Nilan Odom Palmer Pelham Peters Phillips of Walton Pickard Potts Ramsey Raulerson Ray Register Rowland Ruark Scoggin Sheffield Short
Sivell Smith of Evans
M. M. Smith of Fulton Stevens of Marion Strickland Tamplin Tanner Todd Truelove Twitty Underwood of Bartow Underwood of
Montgomery Upshaw Veal Watson Wheeler Willis Wilson of Peach Wooten Wright Young
On the adoption of the Resolution, the ayes were 118, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 13-33b. By Mr. Odom of Camden:
A Resolution ratifying an easement granted by the State of Georgia to the Okefenokee Rural Electric Membership Corporation; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Ayers Bagby Barber of Colquitt Barber of Jackson Baughman Birdsong
Black Blalock Bloodworth Bodenhamer Brannen Brown
Caldwell Callier Campbell Carlisle Chambers Cheatham
MONDAY, FEBRUARY 6, 1956
673
Coker of Cherokee Coker of Walker Cotton Cowart Denson Dozier Drinkard Duke English Eyler Flynt Fordham Foster Fowler of Douglas Frier Garrard Gilleland Gillis Green of Rabun Greene of Crisp Grimsley Groover Gross of Stephens Hardaway Harrison of Jeff Davis Harrison of Wayne Hawkins Hayes Henderson Hodges Huddleston
Ivey Jessup Johnson of Jenkins Johnson of Gilmer Jones of Worth Jones of Suniter
Jordan Kelley Key Kilgore Killian Killingsworth King of Chattahoochee King of Pike Kitchens Land Larkins Long Love Mallory Martin Mashburn Matheson of Hart Mathis of Lowndes Matthews Mauldin McCracken McKenna Moore Moorman Mull
Murphey of Crawford Murphy of Haralson Murr Nightingale Nilan Odom Palmer Peacock Pelham Perkins Peters Pettey
Phillips of Walton Potts Ramsey Raulerson Ray Reed
Register Rowland Ruark Sanders Scoggin Sheffield Short Sivell Smith of Evans M. M. Smith of Fulton Stevens of Marion Strickland Tamplin Tanner Todd Truelove Twitty Underwood of
Montgomery Upshaw Veal Watson Wheeler Willis Wilson of Towns Wilson of Peach
Wooten Wright Young
Voting in the negative was Mr. Musgrove.
On the adoption of the Resolution, the ayes were 126, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 96-261 j. By Messrs. Fowler and Bodenhamer of Tift:
A Resolution to relieve J. T. Bruce, J. C. Barfield and H. H. Gill, as sureties; and for other purposes.
The previous question was ordered.
The main question was ordered.
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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 109, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
The Resolution was ordered immediately transmitted to the Senate.
HB 355. By Mr. Strickland of Toombs:
A Bill to be entitled an Act to amend Code Section 23-407 of the Code of Georgia, relating to the compensation of surveyor and laborers for surveying disputed county lines; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, Mr. Strickland of Toombs 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 Alien Ayers Bagby Barber of Colquitt Barber of Jackson Barker Bentley Birdsong Black Blalock Bloodworth Bodenhamer Brown Caldwell Callier Campbell Carlisle Chambers
Cheatham Cocke Coker of Cherokee Coker of Walker
Cornelius Cotton Cowart Denmark Denson Doaier Drinkard Duke English Eyler 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 Bade Gunter Hall Hardaway Harrison of Jeff Davis Harrison of Wayne Henderson Hendrix Hodges Holley Huddleston Hudson Hurst Ivey Jessup Johnson of Jenkins Johnson of Gilmer
Jones of Worth Jones of Sumter Jordan Kelley
MONDAY, FEBRUARY 6, 1956
675
Kennedy of Tattnall Key Kilgore Killian Killingsworth King of Pike Lam Larkins Lokey Long Mallory Martin Matheson of Hart Mathis of Lowndes Matthews Mauldin McCracken McKelvey McKenna McWhorter Mincy Mobley Moore Moorman Mull Murphey of Crawford
Murphy of Haralson Murr Musgrove Nilan Palmer Parker Peacock Pelham Perkins Peters Pettey Phillips of Walton Pickard Potts Ramsey Raulerson Reed Register Rodgers Roughton Rowland Ruark Russell Sanders Scoggin Sheffield
Short Sivell Smith of Evans Smith of Emanuel M. M. Smith of Fulton Stephens of Clarke Stevens of Marion Strickland Tamplin Todd Truelove Twitty Underwood of Bartow Underwood of
Montgomery Upshaw Veal Watson Weems Wheeler Williams Wooten Wright Young
On the passage of the Bill, the ayes were 144, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The Bill was ordered transmitted immediately to the Senate.
HB 359. By Messrs. Fowler of Douglas, Moate of Hancock, and Groover of Bibb:
A Bill to be entitled an Act to permit a sheriff of any county in the State of Georgia to delegate to the Tax Collector or Tax Commissioner of such County, the power and authority to levy and conduct judicial sales in the manner now provided by law for sales by sheriffs; and for other purposes.
The following amendment was read and adopted:
Mr. Twitty of Mitchell moves to amend HB 359 by adding a new paragraph to be appropriately numbered as follows:
Provided however that the provisions of this Act shall not become effective until agreed to in writing by the Tax Collector or Tax Com missioner.
The previous question was ordered.
The main question was ordered.
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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, as amended.
On the passage of the Bill, as amended, the ayes were 103, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 266. By Mr. Groover of Bibb:
A Bill to be entitled an Act to provide for the partial abatement of the gross premium tax levied against insurance companies doing busi ness in Georgia; and for other purposes.
The following committee amendment was read:
The Committee moves to amend HB 266 by striking clause "5" of Section 1.
The committee amendment was lost.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 108, nays 0.
The Bill; having received the requisite constitutional majority, was passed.
HB 327. By Mr. Harrison of Wayne:
A Bill to be entitled an Act to amend an Act providing for retirement benefits for ordinaries of Georgia; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, 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:
MONDAY, FEBRUARY 6, 1956
677
Those voting in the affirmative were Messrs.:
Adams Alien
Ayers Barber of Jackson Barker Baughman
Birdsong Black Blackburn
Blalock Bloodworth Brannen Brown Callier Campbell Carlisle
Gates Chambers Chastain
Cheatham Cheek Cocke Coker of Walker
Cotton Cowart Dean of Rockdale Denson Drinkard
Duke English Eyler Fain Fordham Foster Fowler of Douglas Frier Garrard Gilleland Gillis Green of Rabun Greene of Crisp
Groover
Gross of Dade Hardaway
Harrell Harrison of Wayne Hawkins Henderson Hendrix Hodges Hogan Holley Houston Huddleston Hudson Hurst Ivey
Jessup Johnson of Jenkins
Johnson of Gilmer Jones of Worth Jones of Laurens Jones of Sumter Jordan
Kilgore King of Whitfield King of Pike Land Lanier Larkins Long
Mallory Mashburn Matheson of Hart Mathis of Lowndes
Matthews Mauldin
Mobley Moore Moorman Mull Murr Musgrove
Nilan
Palmer Parker Peacock Pelham Peters Pettey Phillips of Walton Potts Ramsey
Raulerson Ray Register Rodgers Roughton Rowland Russell Sanders Sheffield Short Sivell
Smith of Evans Sognier
Stephens of Clarke Stevens of Marion Strickland Tamplin Tanner Truelove Twitty
Underwood of Bartow Underwood of
Montgomery Upshaw Veal Watson Weems Wheeler Wilson of Peach Wooten Young
Those voting in the negative were Messrs.:
Barber of Colquitt Bolton Gross of Stephens Gunter Kelley Love
Mackay Martin McKenna McWhorter Murphy of Haralson Nightingale
Smith of Emanuel M. M. Smith of Fulton Williams Wright
On the passage of the Bill, the ayes were 123, nays 16.
678
JOURNAL OP THE HOUSE,
The Bill, having received the requisite constitutional majority, was passed.
HB 336. By Messrs. Sanders, Chambers, and Holley of Richmond:
A Bill to be entitled an Act to provide for subsistence allowances not to exceed five dollars ($5.00) per day in behalf of sheriffs, deputy sheriffs, patrolmen, policemen, and other law enforcement officers, for purposes of federal income taxation; and for other purposes.
The following amendment was read and adopted:
Mr. Sanders of Richmond moves to amend House Bill No. 336 by striking the following language from Section 2 to wit: "United States Code Annotated" and inserting in lieu thereof the following language "Internal Revenue Code of 1954."
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 351. By Mr. Bentley of Cobb:
A Bill to be entitled an Act to provide that a parent or guardian shall be liable for the wilful and wanton torts of his minor child in an amount not to exceed five hundred dollars ($500.00); and for other purposes.
Mr. Bentley of Cobb moved that HB 351 be postponed until tomorrow morn ing, immediately after the expiration of the period of unanimous consents.
The Motion prevailed, and the bill was postponed.
HB 333. By Mr. Watson of Dougherty:
A Bill to be entitled an Act to amend an Act known as the Intangible Property Tax Act; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the Speaker ordered the roll call and the vote was as follows:
MONDAY, FEBRUARY 6, 1956
679
Those voting in the affirmative were Messrs, i
Adams Ayers Barber of Colquitt Barker Baughman Bentley Birdsong Black Blackburn Blalock Bloodworth Bodenhamer Bolton Brown Campbell Carlisle Gates Chambers Chastain Cheatham Cheek Cloud Cocke Coker of Walker Cotton Cowart Dean of Rockdale Denson Drinkard Duke Duncan English Fain Flynt Foster Fowler of Douglas Freeman Garrard Gilleland Green of Rabun Greene of Crisp Groover Gross of Stephens
Gross of Dade Gunter Hardaway : Harrell Harrison of Jeff Davis Hawkins Henderson Hodges Hogan Holley Houston Huddleston Hudson Ivey Jessup Johnson of Gilnier Jones of Lumpkin Jones of Laurens Jones of Sumter Jordan Kelley Kennedy of Tattnall Key King of Whitfield Lam Land Larkins Lavender Lindsey Long Mallory Martin Mashburn Massee Mathis of Lowndes Mauldin McCracken McGarity McKenna McWhorter Moore Moorman Murphy of Haralson
Murr Musgrove Nilan Odom Palmer Parker Peacock Peters Piekard Ramsey Ray Reed Register Rodgers Rowland Ruark Russell Sanders Scoggin Sheffield Sivell Smith of Evans M. M. Smith of Fulton Sognier Strickland Tamplin Tarpley Todd Twitty Underwood of
Montgomery Upshaw Watson Weems Wheeler Williams Wilson of Towns Wilson of Peach Wooten Wright Young
Those voting in the negative were Messrs.:
Bagby Fordham Lanier
Matheson of Hart Mobley Phillips of Walton
Veal
On the passage of the Bill, the ayes were 126, nays 7.
The Bill, having received the requisite constitutional majority, was passed.
680
JOURNAL OF THE HOUSE,
Under the regular order of business, the following Bill of the House was again taken up for consideration:
HB 313. By Messrs. Cowart of Calhoun, Denson of Dougherty, Tanner of Coffee, Cocke of Terrell, and Wheeler of Seminole:
A Bill to be entitled an Act to repeal Code Section 26-6908, relating to fishing on Sunday; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Bagby Barker Baughman Bentley Birdsong Black Blalock Bloodworth Bolton Brannen Brown Caldwell Chambers Cheatham Cheek Cloud Coker of Cherokee Cotton Cowart Denson Duke Duncan Eyler Fain Flynt Fowler of Douglas Freeman Garrard Gillis Green of Rabun Groover Gross of Stephens Gunter
Hall Hardaway Harrell Harrison of Jeff Davis Harrison of Wayne Hawkins Holley Huddleston Hurst Jessup Jones of Sumter Kelley Kennedy of Tattnall Key Kilgore Killian King of Chattahoochee King of Pike Land
Lindsey Love Mallory Martin Mashburn Massee Mathis of Lowndes Matthews Mauldin McKenna Mull Murphey of Crawford Murphy of Haralson Murr
Musgrove Nightingale Nilan Odom Palmer Peacock Pelham Perkins Pettey Phillips of Walton Pickard Raulerson Ray Reed Register Rowland Russell Scoggin Sheffield Sivell Smith of Evans Smith of Emanuel M. M. Smith of Fulton Sognier Stephens of Clarke Tamplin Tarpley Twitty Underwood of Bartow Upshaw Veal Watson Wheeler
MONDAY, FEBRUARY 6, 1956
681
Williams Willingham Willis
Wilson of Peach Wooten Wright
Young
Those voting in the negative were Messrs.:
Adams Alien Ayers Barber of Jackson Blackburn Bodenhamer Campbell Carlisle Gates Chastain Dean of Rockdale Dozier English Fordham Foster
Frier Gilleland
Greene of Crisp Gross of Dade Henderson Hogan Houston Hudson Ivey Johnson of Gilmer Jones of Laurens Jordan King of Whitfield Lam Lanier Larkins Long
Mackay Matheson of Hart
McGarity McWhorter Mobley Moore Moorman Parker Potts Ramsey Rodgers Roughton Sanders Strickland Todd Underwood of
Montgomery
On the passage of the Bill, the ayes were 106, nays 48.
The Bill, having received the requisite constitutional majority, was passed.
Under the regular order of business, the following Bills and Resolutions of the House were taken up for consideration and read the third time:
HB 208. By Messrs. Lanier of Candler and Freeman of Monroe:
A Bill to be entitled an Act to provide bonded Certified Public Weighers at Tobacco Warehouses, and Livestock Auction Barns; and for other purposes.
The following subsitute to HB 208 was read and adopted: By: Messrs. Lanier of Candler and Freeman of Monroe:
AN ACT
To amend an Act (Ga. Laws extra session 1948, Regular Session 1949, p. 1179-1183) to provide for Certified Public Weighers, to pro vide for appointment of same, defining their powers and duties, to pro vide penalties for violation thereof, and for other purposes, by adding new sections, to provide that all leaf tobacco offered for sale in tobacco warehouses in this State shall be weighed by a Bonded Certified Public Weigher; to provide that livestock of any kind offered for sale at any auction or sales barn shall be weighed by a bonded certified public weigher; to provide for administering this Act by the Commis sioner of Agriculture, and the authority for him to promulgate rules and regulations necessary for the enforcement of same; to repeal conflicting laws, and for other purposes.
682
JOURNAL OF THE HOUSE,
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
An Act entitled, "An Act to provide Certified Public Weighers, to provide appointment of same, defining their powers and duties, pro viding penalties for violations thereof, and for other purposes, "ap proved February 25, 1949 (Ga. Laws, extra session 1948, regular ses sion 1949, p. 1179-1183) is hereby amended by adding new sections to be appropriately numbered, to read as follows:
SECTION 2.
On and after the passage of this Act, all leaf tobacco sold, or offered for sale in a tobacco warehouse shall be weighed by a Bonded Certified Public Weigher, who has been licensed by the Commissioner of Agri culture after being bonded as required under Section 5 of the Act of 1949 (Ga. Laws 1949, p. 1179-1183).
SECTION 3.
Livestock of any kind sold or offered for sale at any sales, or auction barn shall be weighed by a Bonded Certified Public Weigher, who has been licensed by the Commissioner of Agriculture after being bonded as required under Section 5 of the Act of 1949 (Ga. Laws 1949, p. 11791183).
SECTION 4.
The provisions of this Act shall be administered by the Commis sioner of Agriculture of this State, and he is empowered to make and promulgate rules and regulations necessary for the enforcement of this Act, and may regulate sales order of livestock at auction sales barns.
SECTION 5.
It shall be the duty of Bonded Certified Public Weighers licensed under this Act to issue certificate of weight, measure, count or recording on forms to be approved by the Director of Weights and Measures, and to comply with the provisions of this Act and the rules and regulations promulgated relating thereto.
SECTION 6.
(A). Any such persons, firms, or corporations who shall have their employees or agents designated as Certified Public Weighers shall post a Surety Bond in the sum of $1,000 (One Thousand Dollars) payable to the Commissioner of Agriculture for the benefit of persons, firms, or corporations issuing a Certified Public Weighers certification of any weight or measure of leaf tobacco, or weight of livestock, conditioned as follows:
(B). If the Principal shall faithfully comply with the rules and regulations governing a Certified Public Weigher, as prescribed by the Commissioner of Agriculture in writing, and shall indemnify the Commissioner of Agriculture, for the use and benefit of persons who
MONDAY, FEBRUARY 6, 1956
683
suffer injury or damage as a result of the negligence, incompetence, or misconduct or principal in performing the aforesaid duties of a Certified Public Weigher, then this obligation to be void; otherwise of full force and virtue.
SECTION 7.
All laws and parts of laws in conflict herewith shall be and are here by repealed.
Mr. Lanier of Candler moved the previous question and the call was sus tained.
The main question was ordered.
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 Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Ayers Barber of Colquitt Barker Black Blackburn Blalock Bloodworth Bodenhamer Bolton Brannen Brown Caldwell Campbell Gates Chambers Chastain Cheatham Coker of Cherokee Coker of Walker Cotton Cowart Dean of Rockdale Denson Dozier Drinkard Duke Duncan Eyler Fain
Flynt Fordham Foster Fowler of Douglas Fowler of Tift Freeman Frier Gilleland Green of Rabun Greene of Crisp Groover Gross of Stephens Hall Hardaway Harrell Harrison of Jeff Davis Harrison of Wayne Henderson Hodges Hogan Holley Hudson Ivey Jessup Johnson of Jenkins Jones of Laurens
Jones of Sumter Kelley Kennedy of Tattnall
Key Killian
King of Pike Land Lanier Larkins Lindsey Long Love Mallory Martin Massee Matheson of Hart Matthews Mauldin McCracken McGarity Mobley Moore Moorman Murphey of Crawford Murphey of Haralson
Murr Musgrove Nilan Palmer Parker Peacock Pelham Pettey Phillips of Columbia Phillips of Walton Ramsey
684
JOURNAL OF THE HOUSE,
Raulerson Reed Rodgers Rowland Ruark Russell Scoggin Sivell Smith of Evans Sognier
Stephens of Clarke Strickland Tamplin Tanner Twitty Underwood of Bartow Upshaw Veal Watson Weems
Wheeler Williams Willis Wilson of Towns Wilson of Peach Wooten Wright Young
Those voting in the negative were Messrs.:
Barber of Jackson Baughman Cloud
Gillis Pickard Ray
Roughton Todd
On the passage of the Bill, by substitute, the ayes were 121, nays 8.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 207. By Messrs. Groover of Bibb, Chastain of Thomas, Blalock of Clayton, and Coker of Cherokee: A Bill to be entitled an Act to provide for a physical examination as a prerequisite for employment by the State; and for other purposes.
The following amendments were read and adopted: Mr. Nightingale of Glynn moves to amend HB 207 by changing
the period at the end of Section 6 to a comma, and adding the follow ing words at the end of said section; "Nor shall the provisions hereof apply to any present employees."
Mr. Groover of Bibb moves to amend HB 207, as follows: By strik ing the words "State Merit Board" wherever said words appear and in serting in lieu thereof the words "State Personnel Board."
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 107, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.
The Clerk was directed to change in the caption, and in Section 1 and Section 2 the words "designated" or "designate" to "approved" or "approve."
MONDAY, FEBRUARY 6, 1956
685
HR 102-300c. By Mr. McCracken of Jefferson:
A Resolution to reimburse W. E. Sheppard for damages to his car caused by the Georgia State Highway Department; and for other purposes.
The following amendment was read and adopted:
Mr. McCracken of Jefferson moves to amend House Resolution 102-300c as follows:
By striking the last paragraph of said Resolution and inserting in lieu thereof the following language to wit:
Now therefore, be it resolved by the House of Representatives, the Senate concurring, that the State Highway Department be, and it is hereby ordered and directed to pay to W. E. Sheppard, out of the funds appropriated and available to said Department, the sum of $58.90 for the damages caused the said W. E. Sheppard as a result of the injury to his said automobile.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the adoption of the Resolution, was agreed to, as amended.
On the adoption of the Resolution, as amended, the ayes were 104, nays 0.
The Resolution, having received the requisite constitutional majority, was passed, as amended.
HR l-18a. By Mr. Matthews of Clarke:
A Resolution declaring certain property as unserviceable and surplus; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alien Ayers Bagby Barber of Jackson
Bloodworth Brown Campbell Gates
Chambers Chastain Cheatham Coker of Cherokee
686
JOURNAL OF THE HOUSE,
Cowart Dean of Rockdale Duncan English Eyler Fain Fordham Gilleland Gross of Stephens Gross of Dade Gunter Hall Harrell Hogan Ivey Johnson of Jenkins Johnson of Gilmer Jones of Laurens Kennedy of Tattnall Key
Kilgore Killian King of Pike Lanier Lavender Mackay Martin Matheson of Hart Matthews Mauldin McCracken McGarity Moore Mull Murphy of Haralson Nilan Palmer Perkins Peters Pettey
Phillips of Walton Potts Reed Rowland Ruark Scoggin Sivell Smith of Evans Tamplin Todd Underwood of Bartow Upshaw Veal Weems Williams Wilson of Peach Wright Young
Those voting in the negative were Messrs.:
Barber of Colquitt Baughman Black Blackburn Blalock Bodenhamer Bolton Caldwell Carlisle Cheek Cloud Cotton Denson Drinkard Duke Foster Freeman Frier Garrard Gillis Green of Rabun
Greene of Crisp Groover Harrison of Jeff Davis Harrison of Wayne Henderson Hendrix Hodges Houston Hudson Jessup Jones of Sumter Jordan King of Whitfield Larkins Lindsey Long Mallory Massee Mathis Moorman Murphey of Crawford
Murr Musgrove Parker Ramsey Raulerson Ray Register Rodgers Roughton Sheffield M. M. Smith of Fulton Sognier Tanner Tarpley Truelove Twitty Wheeler Wilson of Towns Wooten
On the adoption of the Resolution, the ayes were 70, nays 61.
The Resolution, having failed to receive the requisite constitutional ma jority, was lost.
Mr. Groover of Bibb asked that the following Bills of the House be placed on the Calendar for the purpose of considering the unfavorable report of the committee:
MONDAY, FEBRUARY 6, 1956
687
HB 189. By Messrs. Groover of Bibb, Coker of Cherokee and Chastain of Thomas:
A Bill to be entitled an Act to amend an Act known as the Minimum Foundation Program for Education Act, so as to provide that no State contributed funds shall be expended for salaries of persons other than classroom teachers, principals, superintendents and librarians;' and for other purposes.
HB 191. By Messrs. Groover of Bibb, Lavender of Elbert, Blalock of Clayton, Coker of Cherokee, and Chastain of Thomas:
A Bill to be entitled an Act to amend an Act known as the Minimum Foundation Program for Education Act, so as to provide that the State Board of Education shall establish local school bus routes; 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 348. By Mr. Dean of Rockdale:
A Bill to be entitled an Act to provide for the appointment of an assistant solicitor general in Judicial Circuits having two or more Judges of Superior Courts in such Circuit; and for other purposes.
The following amendment was read and adopted:
Mr. Groover of Bibb moves to amend HB 348 by striking Section 4 in its entirety.
The previous question was ordered.
The main question was ordered.
Th 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. Dean of Rockdale 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 Bagby Barber of Jackson Baughman Black Blackburn Blalock Bloodworth Bolton
Brannen Brown Caldwell Gates Cheek Cloud Coker of Cherokee Cotton uowart
Dean of Rockdale Denson Drinkard Duke English Fordham Foster Fowler of Douglas Freeman
688
JOURNAL OF THE HOUSE,
Frier Gilleland Green of Rabun Greene of Crisp Groover Gross of Stephens Gunter Hall Hardaway Hawkina Hendrix Huddleston Hudson Ivey Jessup Jones of Sumter Kennedy of Tattnall Key King of Pike Land Lanier Larkins
Mackay Martin Massee Matheson of Hart Mathis of Lowndes Matthews McGarity McWhorter Mobley Moore Mull Murphey of Crawford Murphy of Haralson Murr Musgrove Nilan Parker Perkins Peters Pettey Phillips of Columbia Phillips of Walton
Pickard Raulerson Register Rodgers Rowland Scoggin Sheffield Smith of Evans Stephens of Clarke Strickland Tanner Tarpley Underwood of
Montgomery Veal Weems Wheeler Williams Wilson of Peach Wright Young
Those voting in the negative were Messrs.:
Ayers Barber of Colquitt Barker Bentley Campbell Carlisle Chambers Fain Garrard Gillis Gross of Dade Harrison of Jeff Davis Henderson Hodges
Hogan Houston Johnson of Gilmer Jones of Laurens Jordan Kelley Kilgore King of Whitfield Lindsey Long Mallory Mashburn Mauldin McKenna
Moorman Nightingale Palmer Ramsey Reed Roughton Sanders Sivell Todd Truelove Underwood of Bartow Upshaw Wilson of Towns Wooten
On the passage of the Bill, as amended, the ayes were 91, nays 43.
The Bill, having failed to receive the requisite constitutional majority, was lost.
Mr. Dean of Rockdale gave notice that at the proper time he would move that the House reconsider its action in failing to pass HB 348.
Mr. Key of Jasper moved that the following Bill of the House be withdrawn from the Committee on Special Judiciary, read the second time and recommitted:
HB 442. By Mr. Key of Jasper: A Bill to be entitled an Act to amend an Act of the General Assembly
MONDAY, FEBRUARY 6, 1956
689
entitled "An Act to limit the effect of and time for enforcing convey ances of real property to secure debt by providing for a reversion of title, when title shall revert, when powers of sale shall be exercised; and for other purposes.
The motion prevailed, and the Bill was withdrawn, read the second time and recommitted.
Mr. Blalock of Clayton moved that the following Bill of the House be with drawn from the Committee on Special Judiciary, read the second time and recommitted:
HB 379. By Messrs. Blalock and Foster of Clayton:
A Bill to be entitled an Act to create a new Judicial Circuit for the State of Georgia, to be known as the Clayton Judicial Circuit; and for other purposes.
The motion prevailed, and the Bill was withdrawn, read the second time, and recommitted.
Mr. Mackay of DeKalb moved that the following Bills of the House be with drawn from the Committee on Counties and County Matters, read the second time and recommitted:
HB 124. By Messrs. McWhorter, Rutland and Mackay of DeKalb:
A Bill to be entitled an Act to amend, revise, supersede, and consoli date the laws pertaining to the governing authority of DeKalb County; and for other purposes.
HB 244. By Messrs. Rutland, McWhorter, and Mackay of DeKalb:
A Bill to be entitled an Act to enable DeKalb County to establish a planning commission and to enable the several municipalities lying wholly within the limits of DeKalb County to establish joint planning commissions with the county; and for other purposes.
HB 245. By Messrs. McWhorter, Rutland, and Mackay of DeKalb:
A Bill to be entitled an Act to amend an Act entitled an Act to create and establish in DeKalb County districts from which the members of the County Board of Education of DeKalb County, Georgia, shall be elected by the voters of such districts, to provide for the number of such districts and the number of members to be elected therefrom; and for other purposes.
HB 246. By Messrs. McWhorter, Rutland, and Mackay of DeKalb:
A Bill to be entitled an Act to fix, prescribe and establish compensation and/or salaries of the elective county officials of and in the County of DeKalb; and for other purposes.
The motion prevailed, and the Bills were withdrawn, read the second time, and recommitted.
690
JOURNAL OF THE HOUSE,
Mr. M. Smith of Fulton moved that the following Bill of the House be withdrawn from the Committee on Manufacturers, read the second time, and recommitted:
HB 340. By Mr. M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act 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 motion prevailed, and the Bill, was withdrawn, read the second time, and recommitted.
Mr. Killian of Glynn moved that the following Bill of the House be with drawn from the Committee on Game and Fish, read the second time and recommitted:
HB 328. By Mr. Killian of Glynn:
A Bill to be entitled an Act to prohibit the sale or furnishing of fire arms to persons under sixteen years of age except under restrictions enumerated herein; and for other purposes.
The motion prevailed, and the Bill was withdrawn, read the second time and recommitted.
Mr. Groover of Bibb moved that the House do now adjourn until 10:00 o'clock tomorrow morning, and the motion prevailed.
Leave of Absence was granted to Mr. Perkins of Carroll for Tuesday, February 7, 1956.
The Speaker announced the House adjourned until 10:00 o'clock tomorrow morning.
TUESDAY, FEBRUARY 7, 1956
691
Representative Hall, Atlanta, Georgia. Tuesday, February 7, 1956.
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 Alien
Ayers Bagby Barber of Colquitt Barber of Jackson Barker Baughman Bentley Birdsong Black Blackburn Blalock Bloodworth Bodenhamer Bolton Brannen Brown Caldwell Callier Campbell Carlisle Cason Gates Chambers Chastain Cheatham Cheek Clary Cloud Cocke Coker of Cherokee Coker of Walker Cornelius Cotton Cowart Dean of Rockdale Denmark Denson Dozier Drinkard Duke Duncan Edenfield
Elder English Eyler Fain Flynt Fordham Foster Fowler of Douglas Fowler of Tift Freeman Frier Garrard Gilleland Gillis Green of Rabun Grimsley Groover Gross of Stephens Gross of Dade Gunter Hall Hardaway Harrell Harrison of Jeff Davis Harrison of Wayne Hawkins Hayes Henderson Hendrix 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 Chattahoochee King of Pike Kitchens Lam Land Lanier Larkins Lavender Lindsey Lokey Long Lowe Mallory Martin 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 Parker
692
JOURNAL OF THE HOUSE,
Peacock Pelham Perkins Peters Phillips of Columbia Phillips of Walton Pickard Potts Ramsey Raulerson Ray Reed Register Roughton Ruark Russell Rutland Sanders Scoggin
Sheffield Short Singer Smith of Evans Smith of Emanuel Hoke Smith of Pulton M. M. Smith of Fulton Sognier Souter Stephens of Clarke Stevens of Marion Stewart Strickland Stripling Tamplin Tarpley Todd Truelove Turk
Twitty
Underwood of Bartow Underwood of
Montgomery Upshaw Veal Watson Weems Wheeler Williams Willingham Willis Wilson of Towns Wilson of Peach Wooten Wright Young
Those not answering the roll call were Messrs.:
Coxwell Deal Deen of Bacon Floyd Greene of Crisp Huddleston Killingsworth
King of Whatfield Love Mackay Mashburn Mull Pettey Rodgers
Rowland Sivell Tanner Terrell Mr. Speaker
Mr. Veal of Putnam, Acting Chairman of the Committee on Journals re ported 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 busi ness, 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 the 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.
TUESDAY, FEBRUARY 7, 1956
693
Mr. Ivey of Newton moved that the following Bill of the Senate be with drawn from the Committee on Industrial Relations, read the second time and recommitted:
SB 40. By Senators Neel of the 7th and Overby of the 33rd:
A Bill to be entitled an Act to amend Sections 114-102, 114-105, ' 114-406, 114-709, and 114-716 of the Code, and adding new sections,
so as to change certain provisions relative to the Workmen's Compen sation law; and for other purposes.
The motion prevailed, and the Bill was withdrawn, read the second time and recommitted.
Mr. Strickland of Toombs moved that the following Bill of the House be withdrawn from the Committee on General Judiciary #1, read the second time and recommitted:
HB 220. By Messrs. Willingham of Cobb, and Strickland of Toombs:
A Bill to be entitled an Act to amend Section 6-1002 of the Code of Georgia, relating to the operation of bill of exceptions as supersedeas in civil cases; and for other purposes.
The motion prevailed, and the bill was withdrawn, read the second time and recommitted.
Mr. Strickland of Toombs moved that the following Resolution of the House be withdrawn from the Committee on Amendments to the Constitution #1, read the second time and recommitted:
HR 166-477c. By Mr. Strickland of Toombs:
A Resolution proposing an amendment to the Constitution so as to create the Vidalia Development Authority; and for other purposes.
The motion prevailed, and the Resolution, was withdrawn, read the second time and recommitted.
Mr. Duke of Baldwin moved that the following Bill of the House be with drawn from the Committee on Georgia State Sanitarium, read the second time and recommitted:
HB 474. By Mr. Duke and Massee of Baldwin:
A Bill to be entitled an Act providing a method by which employees of certain hospitals and institutions may obtain goods and services; and for other purposes.
The motion prevailed, and the bill was withdrawn, read the second time and recommitted.
Mr. Gillis of Treutlen moved that the following Bill of the House be with drawn from the Committee on Motor Vehicles, read the second time and recommitted:
694
JOURNAL OF THE HOUSE,
HB 450. By Mr. Gillis of Treutlen:
A Bill to be entitled an Act to amend an Act known as the Uniform Act Regulating Traffic on Highways; and for other purposes.
The motion prevailed, and the Bill was withdrawn, read the second time and recommitted.
By unanimous consent, the following Bills and Resolutions, of the House were read the first time and referred to the Committees:
HB 485. By Messrs. Moate of Hancock, Groover of Bibb, Key of Jasper, Brannen of Dooly, Ray of Warren, Twitty of Mitchell and many others:
A Bill to be entitled an Act to amend an Act providing a uniform method of fixing, limiting, and restricting the salary allowances and travel expense of certain state officials, and for other purposes.
Referred to the Committee on State of Republic.
HB 486. By Messrs. Moate of Hancock, Groover of Bibb, Key of Jasper, Brannen of Dooly, Ray of Warren, Twitty of Mitchell and many others:
A Bill to be entitled an Act to amend an Act relating to the salary of the Commissioner of Agriculture, and for other purposes.
Referred to the Committee on State of Republic.
HB 487. By Mr. Smith of Evans:
A Bill to be entitled an Act to amend an Act establishing the City Court of Claxton, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 488. By Mr. Russell of Barrow:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Winder, Georgia, so as to provide and confer upon the City of Winder the right, power and authority to establish, provide and maintain through cadastral survey, a field book system for real property identifications and evaluations, and for other purposes.
Referred to the Committee on Municipal Government.
HB 489. By Mr. Russell of Barrow:
A Bill to be entitled an Act to amend an Act entitled an Act to pro
vide and establish a new charter for the City of Winder, and for
other purposes.
'
Referred to the Committee on Municipal Government.
HB 490. By Mr. Killingsworth of Clay:
A Bill to be entitled an Act to extend the jurisdiction of the Court of Ordinary of the County of Clay, and for other purposes.
Referred to the Committee on Counties and County Matters.
TUESDAY, FEBRUARY 7, 1956
695
HB 491. By Messrs. H. Smith, Lokey and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act entitled an Act authoriz ing the Board of Commissioners of Roads and Revenues for Fulton County to establish rules and regulations governing the payment of pensions to county employees of said county, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 492. By Mr. Russell of Barrow:
A Bill to be entitled an Act to amend an Act entitled an Act to pro vide and establish a new charter for the City of Winder, so as to enlarge the corporate limits of the City of Winder, and for other purposes.
Referred to the Committee on Municipal Government.
HB 493. By Messrs. Alien and Fordham of Bulloch, Hawkins and Screven and Smith of Emanuel:
A Bill to be entitled an Act to amend an Act comprehensively and exhaustively superseding and revising the laws relating to the Game and Fish Commission and to game and fish, and for other purposes.
Referred to the Committee on Game and Fish.
HB 494. By Messrs. Chambers, Holley and Sanders of Richmond:
A Bill to be entitled an Act vesting in the City Council of Augusta power and authority to sell and convey by warranty deed executed by the Mayor and Clerk of Council to Sears, Roebuck & Company for $377,250.00, the fee simple title to all that tract or parcel of land in the City of Augusta on the Northeast corner of Walton Way and Fif teenth St., and for other purposes.
Referred to the Committee on Municipal Government.
HB 495. By Messrs. Hoke Smith, M. Smith and Lokey of Fulton:
A Bill to be entitled an Act to amend an Act entitled an Act to pro vide for a Budget in all counties of this state having a population of two hundred thousand, so as to increase the reserve permitted under the Act of 1955, and to authorize the sale of industrial property with out advertisement; and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 496. By Mr. Jordan of Wheeler:
A Bill to be entitled an Act to create additional compensation for the Sheriff of Wheeler County; and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 497. By Mr. Fain of Franklin:
A Bill to be entitled an Act to amend an Act incorporating the City of Franklin Springs, and for other purposes.
Referred to the Committee on Municipal Government.
696
JOURNAL OF THE HOUSE,
HB 498. By Mr. Jordan of Wheeler:
A Bill to be entitled an Act to amend an Act creating the officers of Tax Collector, Tax Receiver and County Treasurer of the County of Wheeler, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 499. By Messrs. Hall, Scoggin and Wright of Ployd:
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 pur poses.
Referred to the Committee on Municipal Government.
HB 500. 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, by pro viding that the retirement benefits payable to employees who retired before amendment of Feb. 25, 1949 shall be computed on the same basis as those after same, and for other purposes.
Referred to the Committee on Municipal Government.
HB 501. By Messrs. Blalock of Clayton and Scoggin of Floyd:
A Bill to be entitled an Act to amend an Act to provide for fixing the salary of the Director of the State Board of Social Security at Ten Thousand per annum, and for other purposes.
Referred to the Committee on State of Republic.
HB 502. By Messrs. Eyler and Cognier of Chatham:
A Bill to be entitled an Act to amend an Act relating to violation of the law by Billiard Room Licenses, and for other purposes.
Referred to the Committee on Ways and Means.
HB 503. By Messrs. Eyler and Sognier of Chatham:
A Bill to be entitled an Act to repeal an Act relating to the sale of unclaimed laundry and cleaning at public outcry; and for other pur poses.
Referred to the Committee on Special Judiciary.
HB 504. 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 supple ment the salaries of the Judges of the Superior Court of Fulton County as paid by the State, and for other purposes.
Referred to the Committee on Counties and County Matters.
TUESDAY, FEBRUARY 7, 1956
697
HB 505. 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 pro vide for a budget in all counties in this having a population of two hundred thousand or more, so as to increase the reserve permitted under the Act of 1955 and to authorize the sale of industrial property without advertisement; and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 506. By Messrs. Register and Mathis of Lowndes:
An Act to amend the charter of the City of Valdosta; to alter, relocate and redefine the corporate limits of said city, and for other purposes.
Referred to the Committee on Municipal Government.
HB 507. By Messrs. Register and Mathis of Lowndes:
A Bill to be entitled an Act to amend an Act providing for the regula tion of the installation of Warm Air Heating equipment in certain counties, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 508. By Mr. Land of Wilkinson:
A Bill to be entitled an Act to repeal an Act entitled an Act to Incor porate the Town of Allentown, and for other purposes.
Referred to the Committee on Municipal Government.
HB 509. By Mr. Land of Wilkinson: A Bill to be entitled an Act to establish a new charter for the Town of Allentown, in the County of Wilkinson; and for other purposes.
Referred to the Committee on Municipal Government.
HB 510. By Mr. Rodgers of Charlton:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Charlton, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 511. By Messrs. Duke and Massee of Baldwin:
A Bill to be entitled an Act to amend an Act to provide for homestead exemption from certain taxation, and for other purposes.
Referred to the Committee on Ways and Means.
HB 512. By Mr. Murphy of Haralson: A Bill to be entitled an Act to authorize the governing authority of
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JOURNAL OP THE HOUSE,
the City of Bremen, to levy an additional tax for educational purposes, and for other purposes.
Referred to the Committee on Municipal Government.
HB 513. By Messrs. Duncan and Perkins of Carroll:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Whitesburg, and for other purposes.
Referred to the Committee on Municipal Government.
HB 514. By Messrs. Houston and King of Whitfield, Bagby of Paulding, Row land of Johnson, Long of Murray, Freeman of Monroe and many others:
A Bill to be entitled an Act to amend an Act relating to Workmen's Compensation and relating to medical attention and physical examina tions, and for other purposes.
Referred to the Committee on Industrial Relations.
HB 515. By Mr. Hendrix of Long:
A Bill to be entitled an Act to amend an Act entitled an Act to pro vide that the Ordinary of Long County shall receive $50.00 per month in addition to fees; and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 516. By Mr. Roughton of Washington:
A Bill to be entitled an Act to amend an Act creating the City charter of Sandersville, and for other purposes.
Referred to the Committee on Municipal Government.
HB 517. By Messrs. Matthews and Stephens of Clarke:
A Bill to be entitled an Act to amend an Act relating to Clarke County Fire, Sanitation, and Sewerage Districts, so as to extend the AtlantaAthens Highway District; and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 518. By Messrs. Kelley and Kilgore of Gwinnett:
A Bill to be entitled an Act to amend an Ace creating a new charter for the City of Lawrenceville, and for other purposes.
Referred to the Committee on Municipal Government.
HB 519. By Messrs. Perkins and Duncan of Carroll:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues for Carroll County; and for other purposes.
Referred to the Committee on Counties and County Matters.
TUESDAY, FEBRUARY 7, 1956
699
HB 520. By Messrs. Duncan and Perkins of Carroll:
A Bill to be entitled an Act to amend an Act establishing the City Court of Carrollton, and for other purposes.
Referred to the Committee on Municipal Government.
HB 521. By Messrs. Perkins and Duncan of Carroll:
A Bill to be entitled an Act to amend an Act creating the City Court of Carrollton, and for other purposes.
Referred to the Committee on Municipal Government.
HB 522. By Mr. Perkins of Carroll:
A Bill to be entitled an Act to remove the Sheriff, Clerk of the Supe rior Court and City Court and the Ordinary of Carroll County from the fee system, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 523. By Messrs. Lokey, H. Smith and M. Smith of Pulton:
A Bill to be entitled an Act to amend an Act entitled an Act to estab lish the criminal court of Atlanta, so as to increase and fix the annual salaries of the Judges of said criminal Court of Fulton County, and for other purposes.
Referred to the Committee on Municipal Government.
HB 524. By Messrs. Lindsey and Bolton of Spalding:
A Bill to be entitled an Act to provide that the Board of Commissioners of Roads and Revenues of Spalding County shall be the agency to cooperate with the Georgia Agricultural Extension Service in the employment of the County Agricultural Agent and the County Home Demonstration Agent, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 525. By Messrs. Moate of Hancock, Groover of Bibb, Odom of Camden, Barber of Colquitt, Duke of Baldwin, Sheffield of Brooks and many others:
A Bill to be entitled an Act to provide that candidates for membership in the General Assembly of Georgia may run either in a county primary or a State primary; and for other purposes.
Referred to the Committee on State of Republic.
HB 526. By Messrs. Lam and Birdsong of Troup:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Troup County, and for other purposes.
Referred to the Committee on Counties and County Matters.
700
JOURNAL OF THE HOUSE,
HB 527. By Messrs. Barber and Short of Colquitt:
A Bill to be entitled an Act to amend the charter of the City of Moultrie, to extend the present corporate limits of said City; and for other purposes.
Referred to the Committee on Municipal Government.
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 Town of Acworth, and for other purposes.
Referred to the Committee on Municipal Government.
HB 529. By Messrs. Groover of Bibb, Lavender of Elbert, Blalock of Clayton, Coker of Cherokee and Chastain of Thomas:
A Bill to be entitled an Act to create a State Property Insurance Fund: to provide for a Board to administer said fund; to provide for insur ance and/or co-insurance of State Property by said fund, and for other purposes.
Referred to the Committee on State of Republic.
HB 530. By Messrs. McGarity of Henry and Lavender of Elbert:
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.
HB 531. By Messrs. Groover of Bibb, Blalock of Clayton, Coker of Cherokee and Chastain of Thomas:
A Bill to be entitled an Act to amend an Act relating to the distribu tion of laws, journals and reports to the Courts, so as to provide that laws, journals and reports distributed to the counties shall remain the property of the State, and for other purposes.
Referred to the Committee on State of Republic.
HR 186-531a. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A Resolution proposing to the qualified voters an amendment to the Constitution to create a new court or system of courts in and for each city having a population of more than 300,000, and for other purposes.
Referred to the Committee on Amendments to Constitution #1.
HR 187-531b. By Messrs. Groover of Bibb, Blalock of Clayton, Coker of Chero kee and Chastain of Thomas:
A Resolution directing the State Board of Corrections to study the
TUESDAY, FEBRUARY 7, 1956
701
recommendations of the Legislative Economy Committee as to institu tions of a Prison Industries Program, and for other purposes.
Referred to the Committee on State of Republic.
HR 188-531c. By Messrs. Cloud of Decatur and Harrell of Grady:
A Resolution authorizing the establishment and leasing of port facili ties in Decatur County, and for other purposes.
Referred to the Committee on State of Republic.
HR 189-531d. By Messrs. Nightingale and Killian of Glynn:
A Resolution authorizing the establishment and leasing of port facili ties in Glynn County, and for other purposes.
Referred to the Committee on State of Republic.
HR 190-531e. By Messrs. Groover of Bibb, Blalock of Clayton, Coker of Chero kee and Chastain of Thomas:
A Resolution to recommend that the State discontinue the building of cabins at State Parks, and for other purposes.
Referred to the Committee on State of Republic.
HR 191-531f. By Messrs. Blalock of Clayton, Coker of Cherokee and Chastain of Thomas.
A Resolution to provide for the disposition of certain metal plates stored in the Capitol Building, and for other purposes.
Referred to the Committee on State of Republic.
HR 192-531g. By Messrs. Groover of Bibb, Blalock of Clayton, Coker of Cherokee and Chastain of Thomas:
A Resolution to authorize and direct the Secretary of State to make a study of the expenses of microfilming State Records, and for other purposes.
Referred to the Committee on State of Republic.
HR 193-531h. By Messrs. Groover of Bibb and Coker of Cherokee and Chastain of Thomas:
A Resolution to provide for the inspection of fertilizer at Plants wherever possible, and for other purposes.
Referred to the Committee on State of Republic.
HR 194-53H. By Messrs. Groover of Bibb, Coker of Cherokee and Chastain of Thomas:
A Resolution to provide for a detailed study of the advisability of the State establishing a printing office; and for other purposes.
Referred to the Committee on State of Republic.
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JOURNAL OF THE HOUSE,
HE 195-531j. By Mr. Cason of Pierce:
A Resolution to compensate Mrs. Ivan T. Harris for damages, and for other purposes.
Referred to the Committee on Special Appropriations.
HR 196-531k. By Mr. Rowland of Johnson:
A Resolution to compensate Guerdon F. Ackerman of the U. S. Navy for property damage to his house trailer occasioned by the negligence of a truck owned and operated by the Highway Department of the State, and for other purposes.
Referred to the Committee on Special Appropriations.
HR 197-5311. By Messrs. Gunter and Williams of Hall:
A Resolution to compensate Mrs. Ann H. Meyer; and for other pur poses.
Referred to the Committee on Special Appropriations.
HR 198-531m. By Mr. Todd of Glascock:
A Resolution to provide for payment to Charlie B. Swint for damages to his Ford pickup truck; and for other purposes.
Referred to the Committee on Special Appropriations.
HR 199-531n. By Messrs. Jones and Hogan of Laurens:
A Resolution proposing an amendment so as to authorize the Town of Dudley, in Laurens 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 Town of Dudley, and for other purposes.
Referred to the Committee on Amendments to Constitution #1.
HR 200-531o. By Mr. Murphey of Crawford:
A Resolution to compensate W. J. Easier for damages, and for other purposes.
Referred to the Committee on Special Appropriations.
HR 201-531p. By Mr. Sheffield of Brooks:
A Resolution proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of Brooks County, and for other purposes.
Referred to the Committee on Amendments to Constitution #1.
HB 532. By Mr. Sheffield of Brooks: A Bill to be entitled an Act to amend an Act known as the General
TUESDAY, FEBRUARY 7, 1956
703
Tax Act, so as to remove the provisions as to the tax upon dealers in rim-fire pistol and rifle cartridges; and for other purposes.
Referred to the Committee on Ways and Means.
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 77. By Senator Overby of the 33rd:
A Bill to amend an Act relating to the regulation of the installation of warm air heating equipment so as to provide that counties having a population of not less than 40,113 and not more than 43,000 inhabi tants according to the United States census of 1950 or any future United States census shall come within the terms and provisions of said act; and for other purposes.
SB 89. By Senators Waters of the 41st and McDonald of the 43rd:
A Bill to amend Section 85-1604 of the 1933 Code of Georgia relating to employment of land processioners so as to change the residence re quirements and qualifications of such processioners; and for other purposes.
SB 95. By Senators Hollis of the 24th, Steis of the 25th and Jones of the 23rd:
A Bill to add one additional judge of the Superior Court of the Chattahoochee Judicial Circuit; and for other purposes.
SB 96. By Senators Harper of the 26th, Hollis of the 24th, Brooks of the 50th, Kelly of the 35th, Ricketson of the 19th and Turner of the 34th:
A Bill to define and regulate the business of representing insurers other than those transacting life, health, accident, hospital and medi cal services and tital insurance and bail bonding by individual sureties; and for other purposes.
SB 97. By Senator Hollis of the 24th:
A Bill to provide for the registration of securities held by a corporate fiduciary in the name of the nominee of such fiduciary; and for other purposes.
SB 104. By Senator Hollis of the 24th:
A Bill to repeal the Act requiring registration of guests under their true names at tourist camps or like places by whatever names called; and for other purposes.
HB 251. By Messrs. Bolton and Lindsey of Spalding: A Bill to provide for an expense allowance for the members of the
704
JOURNAL OF THE HOUSE,
Board of Commissioners of Roads and Revenues of Spalding County; and for other purposes.
HB 252. By Messrs. Bolton and Lindsey of Spalding:
A Bill to amend an Act creating the charter of the City of Griffin, to extend the city and corporate limits and boundaries to certain areas adjacent to the present corporate limits; and for other purposes.
HB 287. By Messrs. Foster and Blalock of Clayton:
A Bill to create and incorporate the City of Mountain View; and for other purposes.
HR 59. By Messrs. Nightingale and Killian of Glynn:
A Resolution proposing an amendment to the Constitution to provide that the "Homestead Exemption" shall not apply to taxes which are assessed and collected by the taxing authorities of Glynn County for the support and maintenance of education as recommended by the Glynn County Board of Education; and for other purposes.
HR 65. By Messrs. Groover of Bibb, Lavender of Elbert and others:
A Resolution to authorize and direct the department heads of the various state departments to investigate and implement the recom mendations of the Joint Economy Committee; and for other purposes.
SR 32. By Senator Page of the 1st:
A Resolution proposing an amendment to the constitution so as to authorize the Governing Authority of Chatham County to expend county funds for the purpose of eradicating mosquitoes; and for other purposes.
SR 33. By Senator Page of the 1st:
A Resolution proposing to the qualified voters of the State of Georgia an amendment to Paragraph III, Section I, Article VII of the consti tution of Georgia of 1945 creating additional industrial areas in the county of Chatham, fixing the boundaries of said industrial areas, providing that needed municipal services be furnished said areas as a prerequisite for taxation by any municipal corporation; and for other purposes.
SR 36. By Senator Raulerson of the 46th:
A Resolution proposing an amendment to the constitution so as to provide for the election of members of the Board of Education of Pierce County by district; and for other purposes.
HB 100. By Mr. Underwood of Montgomery:
A Bill to amend an Act relating to the sale, purchase and use of drugs of the sulfanilamide or sulfonamide group manufactured for use in the control of livestock and poultry diseases; and for other purposes.
TUESDAY, FEBRUARY 7, 1956
705
HB 103. By Messrs. Groover of Bibb and Twitty of Mitchell:
A Bill to amend an Act relating to concentrated commercial feeding stuffs, so as to redefine concentrated commercial feeding stuff; and for other purposes.
HB 137. By Messrs. Potts and Stripling of Coweta:
A Bill to prohibit the solicitation of votes by any means or method for any person or proposition or any election day within a specified distance of any voting place; and for other purposes.
HB 250. By Messrs. Bolton and Lindsey of Spalding:
A Bill to repeal an Act authorizing the Commissioners of the City of Griffin to close and vacate a portion of a certain street in the City of Griffin; and for other purposes.
SB 115. By Senators Hollis of the 24th, Page of the 1st and Davis of the 42nd:
A Bill to provide for the adjudication of the identity of persons entitled to take property under the laws of descent and distribution of this State; to determine the quantity of interest of such persons; and for other purposes.
SB 116. By Senators Hollis of the 24th, Page of the 1st and Davis of the 42nd:
A Bill to amend Section 49-103 of the 1933 Code of Georgia relating to the appointment, bond and dismissal of a testamentary guardian, so as to provide that the ordinary may require bond and security of guardians appointed by the parent for his child; and for other purposes.
SB 117. By Senators Hollis of the 24th, Page of the 1st and Davis of the 42nd:
A Bill to amend Code Section US-ISO'S of the Code of Georgia to creditors to render accounts, so as to change the advertisement requirement; and for other purposes.
SB 118. By Senator Harper of the 26th:
A Bill to abolish city courts in all counties of this state having a popu lation of not more than 23,400 and not less than 22,700 according to the 1950 Federal Census, or any future such census having civil and criminal jurisdiction in such counties concurrent with the superior courts therein; and for other purposes.
SB 121. By Senator Matthews of the 47th:
A Bill to amend the Act creating a board of commissioners of Colquitt County so as to authorize and empower Colquitt County by and through its Board of Commissioners to provide, construct and maintain in said county a system of waterworks, sewerage, sanitation and fire protec tion; to provide for the issuance of revenue producing certificates for the financing thereof; and for other purposes.
706
JOURNAL OF THE HOUSE,
SR 15. By Senators Wilkins of the 44th and McDonald of the 43rd:
A Resolution to authorize the exchange of properties or interest therein in connection with the clearing of title property comprising Cloudland Canyon State Park, located in Dade and Walker Counties, Georgia, and for other purposes.
SB 105. By Senator Ponsell of the 5th:
A Bill to amend the Act relating to the regulation of the installation of warm air heating equipment so as to provide that counties having a population of not less than 30289 and not more than 30975 inhabi tants according to the United States census of 1950 or any other future United States census shall come within the terms and provisions of said Act; and for other purposes.
SB 109. By Senators Hollis of the 24th, Millican of the 52nd and Lovett of the 16th:
A Bill to direct the Commissioner of Agriculture to evaluate each of the present farmers' markets that are being operated by the state and to determine whether any one or more of them should be closed; to authorize the closing of markets and the sale or leasing of the closed markets as industrial sites for the purpose of attracting new industries to the communities; and for other purposes.
SB 111. By Senators Hollis of the 24th, Page of the 1st and Davis of the 42nd:
A Bill to amend code sections in Chapter 49 of the 1933 Code of Geor gia relating to guardians and wards so as to change the provisions of notice and service of the application for appointment; and for other purposes.
SB 112. By Senators Hollis of the 24th, Page of the 1st and Davis of the 42nd:
A Bill to amend Chapter 113 of the 1933 Code of Georgia relating to Sales and conveyances by executors, administrators and other fiduci aries so as to provide for the private sale of perishable property or property that is likely to deteriorate or is expensive to keep without a court order or subsequent confirmation by the court; and for other purposes.
SB 113. By Senators Hollis of the 24th, Page of the 1st and Davis of the 42nd:
A Bill to amend Chapter 113 of the 1933 Code of Georgia relating to wills and administrations of estates so as to provide a change in the number of witnesses required to attest a will; and for other purposes.
SB 114. By Senators Hollis of the 24th, Page of the 1st and Davis of the 42nd:
A Bill to amend Chapter 24 of the Code of Georgia 1933 relating to the court of ordinary so as to provide that the ordinary may be empowered to issue fi. fas. at any time after the costs become due; and for other purposes.
TUESDAY, FEBRUARY 7, 1956
707
The Senate has passed as amended by the requisite constitutional majority the following Bills and Resolutions of the House to wit:
HB 87. By Messrs. Sanders and Chambers of Richmond and Freeman of Monroe:
A Bill to amend an Act known as the "Juvenile Court Act", so as to provide that it shall be unlawful for any juvenile court judge to act as an attorney within the jurisdiction of his own court; and for other purposes.
HB 185. By Messrs. Groover of Bibb, Lavender of Elbert and others:
A Bill to amend Section 40-1101 of the Code of Georgia, enumerating the duties of the State Treasurer so as to provide that he may pay out money on warrants countersigned by the Deputy Comptroller General; and for other purposes.
HB 199. By Messrs. Barber and Short of Colquitt:
A Bill to create water districts in Colquitt County, known respectively as the Sylvester Drive Water District; and for other purposes.
The Senate has adopted the report of the Committee on Conference on the following Bill of the Senate:
SB 5. By Senator Overby of the 33rd:
A Bill to authorize the state or any county, municipal corporation or other political subdivision thereof to sell, lease, grant, exchange or otherwise dispose of any property of interest therein comprising parks, playgrounds, golf courses, swimming pools, or other property which has been dedicated to a public use for any purpose, or which has been dedicated to such use by any private person or corporation and later acquired by the state, or any county, municipal corporation or other political subdivision thereof; to define the terms, conditions and method of such disposal; and for other purposes.
The Senate has adopted by the requisite constitutional majority the follow ing Resolutions of the House to wit:
HR 3. By Messrs. Groover of Bibb and Bloodworth of Houston: A Resolution authorizing compensation to Horace Evans, Sr., by the Department of Public Safety; and for other purposes.
HR 54. By Messrs. Bolton and Lindsey of Spalding: A Resolution compensating A. C. Bennett and Mamie Bennett; and for other purposes.
HR 11. By Mr. Duke of Baldwin:
A Resolution to compensate Felton Smallwood by the Welfare Depart ment; and for other purposes.
708
JOURNAL OF THE HOUSE,
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 276. Do Pass.
Respectfully submitted,
McGarity of Henry,
Chairman.
Mr. Freeman of Monroe County, Chairman of the Committee on Amend ments to Constitution No. 1, submitted the following report:
Mr. Speaker:
Your Committee on Amendments to Constitution No. 1 has had under con sideration the following Resolutions of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recom mendations :
HR 147-428a. Do Pass. HR 149-428c. Do Pass. HR 148-428b. Do Pass. HB 481. Do Pass. SR 28. Do Pass.
Respectfully submitted, Freeman of Monroe, Chairman.
Mr. Nightingale of Glynn County, Chairman of the Committee on Amend ments to the Constitution No. 2, submitted the following report:
Mr. Speaker:
Your Committee on Amendments to the Constitution No. 2 has had under consideration the following Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recom mendations :
HR 87-261a. Do Pass.
HR 170-477g. Do Pass, as amended.
HR 171-477h. Do Pass, as amended.
HR 172-477i. Do Pass, as amended.
TUESDAY, FEBRUARY 7, 1956
709
HR 175-4771. 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 Senate and has instructed me as Chairman, to report the same back to the House with the following recom mendations :
HB 440. Do Pass.
HB 439. Do Pass. HB 452. Do Pass. HB 443. Do Pass.
HB 468. Do Pass. HB 483. Do Pass. SB 86. Do Pass. SB 87. Do Pass.
SB 41. Do Pass. SB 85. Do Pass.
Respectfully submitted, Short of Colquitt, 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 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 433. Do Pass.
HB 434. Do Pass.
710
JOURNAL OP THE HOUSE,
HB 435. Do Pass. HB 437. Do Not Pass.
Respectfully submitted, Bodenhamer of Tift, Chairman.
Mr. Lavender of Elbert County, Chairman of the Committee on Education No. 2, submitted the following report:
Mr. Speaker:
Your Committee on Education No. 2 has had under consideration the 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 473. Do Pass.
Respectfully submitted,
Lavender of Elbert,
Chairman.
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 and Bill of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recom mendations :
HR 40-109b. Do Pass.
SR 17. Do Pass.
SB 98. 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
TUESDAY, FEBRUARY 7, 1956
Vll
following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 309. Do Not Pass. HB 436. Do Not Pass.
Respectfully submitted, Rowland of Johnson, Chairman.
Mr. M. Smith of Pulton County, Chairman of the Committee on Manufac turers, submitted the following report:
Mr. Speaker:
Your Committee on Manufacturers has had under consideration the follow ing Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 340. Do Pass.
Respectfully submitted,
M. Smith of Fulton,
Chairman.
Mr. Young of Muscogee County, Vice Chairman of the Committee on Municipal Affairs, submitted the following report: Mr. Speaker:
Your Committee on Municipal Affairs has had under consideration the fol lowing Bills of the House and has instructed me as Vice Chairman, to report the same back to the House with the following recommendations:
HB 432. Do Pass. HB 465. Do Pass.
Respectfully submitted, Young of Muscogee,
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 has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 441. Do Pass.
HB 464. Do Pass.
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JOURNAL OP THE HOUSE,
HB 463. Do Pass. HB 453. Do Pass. HB 445. Do Pass. HB 466. Do Pass.
Respectfully submitted, Hoke Smith of Pulton, 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 fol lowing Bills of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 54. Do Pass. HB 77. Do Pass. HB 217. Do Pass. HB 379. Do Pass. HB 442. Do Pass. HB 458. Do Pass. HB 459. Do Pass. HB 460. Do Pass. HB 461. Do Pass. HB 462. Do Pass. HB 400. Do Pass.
Respectfully submitted, Hawkins of Screven, Chairman.
Mr. Sheppard of Brooks County, Chairman of the Committee on State of Republic, submitted the following report:
Mr. Speaker:
Your Committee on State of Republic has had under consideration the fol lowing Bills and Resolutions of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recom mendations :
HR 185. Do Pass.
HR 182-481f. Do Pass.
TUESDAY, FEBRUARY 7, 1956
713
HR 178-481b. Do Pass. HR 180-481d. Do Pass. HB 467. Do Pass. HR 177-481a. Do Pass. HR 181-481e. Do Pass. HB 438. Do Pass. HB 407. Do Pass. SB 35. Do Pass.
Respectfully submitted, Sheffield of Brooks, Vice-Chairman.
Mr. Dean of Rockdale moved that the House reconsider its action in failing to pass the following Bill of the House:
HB 348. By Mr. Dean of Rockdale:
A Bill to be entitled an Act to provide for the appointment of an Assistant Solicitor General in Judicial Circuits having two or more judges of Superior Courts in such Circuit; and for other purposes.
The motion prevailed, and the Bill was reconsidered.
Mr. Murr of Sumter asked that the following Bills of the House be placed on the Calendar for the purpose of considering the unfavorable reports of the committee:
HB 309. By Messrs. Raulerson of Echols, Parker of Appling, Tanner of Coffee, and Register of Lowndes:
A Bill to be entitled an Act to provide for the installation of wind shields 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.
HB 436. By Messrs. Bagby of Paulding, Mackay of DeKalb, Murr of Sumter, and Holley of Richmond:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide for the establishment of a Department of Labor"; and for other pur poses.
By unanimous consent, the following Bills and Resolutions of the House and Senate, favorably reported, were read the second time:
714
JOURNAL OF THE HOUSE,
HR 185. By Messrs. Moate of Hancock, Groover of Bibb, Drinkard of Lincoln, Fowler of Douglas, and Sheffield of Brooks:
A Resolution to declare the Supreme Court decisions in the school segregation cases and all similar decisions by the Supreme Court null, void and of no effect; to declare that a contest of powers has arisen between the State of Georgia and Supreme Court of the United States; to revoke the doctrine of interposition; and for other purposes.
HB 217. By Messrs. Hawkins of Screven, Stewart of Ben Hill, Turk of Wilcox and Greene of Crisp:
A Bill to be entitled an Act to amend an Act creating the office of Superior Court Emeritus, so as to provide for the eligibility of certain former judges; and for other purposes.
HB 276. By Messrs. Tanner of Coffee, Been of Bacon, Frier of Ware, Parker of Appling, Hayes of Coffee and Raulerson of Echols:
A Bill to be entitled an Act to establish a standard or legal rule in the State of Georgia, by which the number of board feet in logs or trees shall be calculated to provide that actual measurement of lumber may be used in lieu of such standard rule; and for other purposes.
HB 375. By Messrs. Hall of Floyd, Tamplin of Morgan, Ray of Warren, Smith of Emanuel, Murphy of Haralson and Lowe of Oglethorpe:
A Bill to be entitled an Act to repeal an Act entitled "An Act to amend an Act and 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.
HB 400. By Messrs. Scoggin, Hall and Wright of Floyd, Murphy of Haralson, Floyd of Chattooga, Fowler of Douglas, Bagby of Paulding and many others:
A Bill to be entitled an Act to amend an Act relating to the additional duties of the clerks of the Superior Courts, so as to provide that the clerk of the Superior Court shall make a record of each sex criminal convicted in the county, and for other purposes.
HB 407. By Mr. Matthews of Clarke:
A Bill to be entitled an Act to amend an Act relating to obscene pictures and abusive language, and for other purposes.
HB 432. By Mr. Parker of Appling:
A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Baxley, and for other purposes.
HB 433. By Messrs. Freeman of Monroe and Blackburn of Habersham: A Bill to be entitled an Act to amend an Act relating to the powers,
TUESDAY, FEBRUARY 7, 1956
715
duties and suspension of the County Superintendent of Schools, and for other purposes.
HB 434. By Messrs. Freeman of Monroe and Blackburn of Habersham:
A Bill to be entitled an Act to amend an Act, relating to the removal of a county superintendent of schools from office, and for other pur poses.
HB 435. By Messrs. Freeman of Monroe and Blackburn of Habersham:
A Bill to be entitled an Act to amend an Act creating the Minimum Foundation Program of Education in Georgia; and for other purposes.
HB 438. By Mr. Groover of Bibb:
A Bill to be entitled an Act to amend an Act relating to the authority of the Governor to employ agents, so as to limit the authority of the Governor to expend State funds in extradition cases to the authority granted in the Uniform Criminal Extradition Act; and for other purposes.
HB 439. By Messrs. Murr and Jones of Sumter:
A Bill to be entitled an Act to fix the compensation of the Chairman and the members of the Board of Education of all the counties having a population of not less than 24,200 and not more than 24,300, and for other purposes.
HB 440. By Messrs. Murr and Jones of Sumter:
A Bill to be entitled an Act to authorize the governing authority of Sumter County to create and establish restricted zones or districts; and for other purposes.
HB 441. By Messrs. Murr and Jones of Sumter:
A Bill to be entitled an Act to authorize the Mayor and City Council of the City of Americus to advertise and promote the agricultural, in dustrial, historic, recreational and natural resources of the State of Georgia; and for other purposes.
HB 443. By Messrs. Potts and Stripling of Coweta:
A Bill to be entitled an Act to amend an Act relating to the regulation of the installation of warm air heating and equipment; in counties having a population of not less than 27,786 nor more than 29,000, and for other purposes.
HB 445. 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 in the County of Houston, and for other purposes.
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JOURNAL OF THE HOUSE,
HB 452. By Mr. Pettey of Pulaski:
A Bill to be entitled an Act to amend an Act creating the office of Com missioner of Roads and Revenues of Pulaski County, and for other purposes.
HB 453. By Mr. Singer of Stewart:
A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Richland, and for other purposes.
HB 458. By Messrs. Mackay, Rutland and McWhorter of DeKalb:
A Bill to be entitled an Act to repeal an Act entitled An Act to create and establish the City Court of Decatur; and for other purposes.
HB 459. By Messrs. Mackay, Rutland and McWhorter of DeKalb and Ivey of Newton:
A Bill to be entitled an Act to add one additional Judge of the Superior Courts for the Stone Mountain Circuit; and for other purposes.
HB 460. By Messrs. Mackay, Rutland and McWhorter of DeKalb:
A Bill to be entitled an Act to amend an Act creating the Civil Court of DeKalb County, by increasing the jurisdiction of such court in civil cases, and for other purposes.
HB 461. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act to create and establish the City Court of Decatur, so as to provide that the rules of practice, form of pleading and methods of procedure now prevailing in, or that may be hereafter provided for the Superior Courts of this State shall be adopted and followed in the City Court of Decatur, and for other purposes.
HB 462. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act providing for the appoint ment of special Criminal Bailiffs in counties having a population of twenty thousand or more, and for other purposes.
HB 463. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act establishing the City of Avondale Estates, and for other purposes.
HB 464. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A Bill to be entitled an Act to amend the Charter of the City of Stone Mountain, and for other purposes.
HB 465. By Mr. Bagby of Paulding:
A Bill to be entitled an Act to amend, consolidate, and supersede the several Acts incorporating the City of Dallas in the County of Paulding;
TUESDAY, FEBRUARY 7, 1956
717
to create a new charter and municipal government for said city; and for other purposes.
HE 466. By Mr. Stewart of Ben Hill:
A Bill to be entitled an Act to amend the charter of the City of Fitzgerald, to create a Personnel Board in the City of Fitzgerald, and for other purposes.
HB 467. By Messrs. Groover of Bibb and Chastain of Thomas:
A Bill to be entitled an Act to prescribe fees for the renewal of profes sional licenses, and for other purposes.
HB 468. By Mr. Edenfield of Mclntosh:
A Bill to be entitled an Act to amend an Act relating to the regulation of the installation of warm air heating equipment in counties having a population of not less than 6008 and not more than 6079, and for other purposes.
HB 473. By Messrs. Moate of Hancock, Harrison of Jeff Davis, Underwood of Montgomery, Ray of Warren, Gillis of Treutlen, and many many others:
A Bill to be entitled an Act to amend an Act creating the Minimum Foundation Program of Education, as relating to contracts of profes sional personnel, so as to provide for an election of teachers, principals, and other school employees upon the vote of a majority of the entire membership of the Board of Education without the recommendation of the County Superintendent; and for other purposes.
HB 481. By Mr. Sheffield of Brooks:
A Bill to be entitled an Act to amend the Constitution to elect members of the Brooks County Board of Education, and for other purposes.
HB 483. By Mr. Murr of Sumter:
A Bill to be entitled an Act relative to zoning and planning for the City of Americus and Sumter County, and for other purposes.
HR 40-109b. By Mr. Kitchens of Twiggs:
A Resolution designating a certain bridge as the "Mark Fitzpatrick-Jim Duncan Bridge"; and for other purposes.
HR 87-261a. By Messrs. M. Smith and H. Smith of Fulton:
A Resolution proposing an amendment to the Constitution so as to authorize municipal corporations to adopt as ordinances for such munici palities all or any part of the State traffic laws and to enforce the same as ordinances of such municipalities are enforced; and for other purposes.
HR 147-428a. By Mr. Singer of Stewart: A Resolution proposing an amendment to the Constitution so as to pro-
718
JOURNAL OF THE HOUSE,
vide for the existence of schools in Stewart County, and for other pur poses.
HE 148-428b. By Messrs. Gunter and Williams of Hall:
A Resolution proposing an amendment to the Constitution so as to pro vide for the establishment of fire prevention districts in Hall County outside municipalities; and for other purposes.
HR 149-428c. By Messrs. Gunter and Williams of Hall:
A Resolution proposing an amendment to the Constitution so as to pro vide for the selection and appointment of a Superintendent of the Hall County School System by the Hall County Board of Education; and for other purposes.
HR 170-477g. By Messrs. Nightingale and Killian of Glynn:
A Resolution proposing an amendment so as to provide for the establish ment of a sewage system in the City of Brunswick and Glynn County, and for other purposes.
HR 171-477h. By Messrs. Nightingale and Killian of Glynn:
A Resolution proposing an amendment to the Constitution so as to pro vide for the establishment, acquiring, constructing, improving and operating Municipal Port and Terminal Facilities in the City of Bruns wick and Glynn County; and for other purposes.
HR 172-477i. By Messrs. Nightingale and Killian of Glynn:
A Resolution proposing an amendment to the Constitution so as to pro vide for the establishing of a sewage system in the City of Brunswick and Glynn County, and for other purposes.
HR 175-4771 By Messrs. Nightingale and Killian of Glynn:
A Resolution proposing an amendment to the Constitution so as to pro vide for the establishment, acquiring, constructing, improving and oper ating of municipal port and Terminal facilities in the City of Brunswick and Glynn County, and for other purposes.
HR 177-481a. By Mr. Groover of Bibb:
A Resolution to ratify, approve and confirm the Executive Order of the Governor, dated March 21, 1955, relating to the suspension of the license fee and examination fee required by an Act approved March 4, 1955 (Ga. L. 1955, p. 431) and for other purposes.
HR 178-481b. By Mr. Groover of Bibb:
A Resolution providing for the exchange of certain lands in Pulaski County; and for other purposes.
TUESDAY, FEBRUARY 7, 1956
719
HR 180-481d. By Mr. Groover of Bibb:
A Resolution authorizing the conveyance of certain land in Pulaski County, and for other purposes.
HR 181-481e. By Mr. Groover of Bibb:
A Resolution authorizing the Governor to deed certain islands to the United States, and for other purposes.
HR 182-481f. By Mr. Groover of Bibb:
A Resolution authorizing the conveyance of certain property in Camden County to the United States, which property is needed for the King's Bay Ammunition Loading Terminal, and for other purposes.
SR 28. By Senator Richardson of the 13th:
A Resolution proposing an amendment to the Constitution so as to pro vide for the election of the members of the Board of Education of Macon County by the people, and for other purposes.
SB 41. By Senators Harrison of the 17th, Jones of the 18th and Jones of the 23rd:
A Bill to be entitled an Act to amend an Act entitled an Act to incorporate the Baptist Church at Buck Head, in the County of Burke, and for other purposes.
SB 54. By Senators Lambert of the 28th and Turner of the 34th:
A Bill to be entitled an Act to amend an Act creating the office of the Judge of the Superior Court Emeritus; and for other purposes.
SB 85. By Senator Matthews of the 47th:
A Bill to be entitled an Act to consolidate the offices of Tax Receiver and Tax Collector of Colquitt County into the office of Tax Commissioner of Colquitt County, and for other purposes.
SB 86. By Senator Millican of the 52nd:
A Bill to be entitled an Act to apply only to counties having a population of not less than 300,000, to direct the Commissioners of Roads and Revenues thereof to pay to the Board of Education certain commissions, and for other purposes.
SB 87. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act creating a Joint-City-County Board of Tax Assessors in all counties having a population of 300,000 or more, and for other purposes.
SB 98. By Senators Harden of the 27th, Davis of the 42nd, Ponsell of the 5th and others:
A Bill to be entitled an Act known as the Ga. Military Forces Reorgani-
720
JOURNAL OF THE HOUSE,
zation Act, so as to change the description of the Flag of the State of Georgia, and for other purposes.
SR 17. By Senator Chance of the 51st:
A Resolution to officially designate the name for a bridge over Savage Creek on the highway between Tarversville, Twiggs County, Georgia, and Bonaire, Houston County, Georgia, as the "General Ezekiel Wimberly Bridge", and for other purposes.
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 318. 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.
The following amendment was read and adopted:
Messrs. Bolton and Lindsey of Spalding moves to amend HB 318, as follows:
By striking from Section 2 the following: "If a majority of those persons voting in such an election, which shall include those voters in the territory to be annexed as well as the voters in the City of Griffin, as aforesaid, vote for approval of the Act, then it shall become of full force and effect 60 days after such election. If a majority of those per sons voting in such election, which shall include those voters in the terri tory to be annexed as well as the voters in the City of Griffin, as afore said, vote against approval of the Act, then it shall be void and of no force and effect."
and inserting in lieu thereof the following:
"The votes of those persons voting in the territory to be annexed shall be counted separately from the votes of those persons voting in the City of Griffin, and it shall be necessary that a majority of those persons voting in the territory to be annexed vote for approval of the Act, and a majority of the persons voting in the City of Griffin vote for approval of the Act, before such Act shall become effective. In the event that a majority of those persons voting in each of the aforesaid two areas vote for approval of the Act, it shall become of full force and effect 60 days after the date of such election. In the event less than a majority of those persons voting in each of the aforesaid two areas vote for approval of the Act, then it shall be void and of no force and effect."
The report of the committee which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 103, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
TUESDAY, FEBRUARY 7, 1956
721
HB 367. By Messrs. Hall, Scoggin, and Wright of Floyd:
A Bill to be entitled an Act to amend an Act entitled "An Act to authorize and empower Floyd County, Georgia, by and through its Board of Com missioners of Roads and Revenue to provide, construct and/or maintain in the territory of said County outside the limits of incorporated munici palities a system or systems of waterworks; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 104, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 369. By Messrs. Hall, Scoggin, and Wright of Floyd:
A Bill to be entitled an Act to provide for the compensation of the mem bers of the County Board of Education 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 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 377. By Messrs. Hall, Scoggin, and Wright of Floyd:
A Bill to be entitled an Act to abolish the present mode of compensation accruing to the office of Solicitor General of the Rome Judicial Circuit, other than the salary paid out of the Treasury of the State; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 106, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 390. By Messrs. Hall, Scoggin, and Wright of Floyd:
A Bill to be entitled an Act to abolish the present mode of compensation accruing to the offices of Clerk of the Superior Court, Clerk of the City Court, Ordinary, Sheriff of the City Court, and Sheriff, of Floyd County; and for other purposes.
The following amendments were read and adopted:
Messrs. Hall, Scoggin and Wright of Floyd moves to amend HB 390 as follows:
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JOURNAL OF THE HOUSE,
(a) under Section 8 to read Four Hundred Seventy-five .Dollars ($475.00) instead of Four Hundred Fifty Dollars ($450.00).
(a) under Section 10 to read Four Hundred Seventy-five Dollars ($475.00) instead of Four Hundred Fifty Dollars ($450.00).
Messrs. Hall, Scoggin, and Wright of Floyd moves to amend HB 390 to read as follows: (c) under Section 8 to read Three (3) junior deputies, one at a monthly salary not exceeding Two Hundred Fifty Dollars ($250.00) per month, and two each at a salary not exceeding Two Hun dred Twenty-five Dollars ($225.00) per month.
The report of the committee which was favorable to the passage of the Bill, was agreed to, as amended.
On the passa.ge of the Bill, as amended, the ayes were 107, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 412. By Messrs. Floyd and Weems of Chattooga:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues of Chattooga County; and for other purposes!.
The report of ^he 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 413. By Messrs. Floyd and Weems of Chattooga:
A Bill to be entitled an Act to amend an Act creating the City Court of Chattooga County; and for other purposes.
The report 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 414. By Messrs. Floyd and Weems of Chattooga:
A Bill to be entitled an Act to repeal an Act creating a Board of Com missioners of Roads and Revenues of Chattooga County; and for other purposes.
The following amendment was read and adopted: Mr. Weems of Chattooga moves to amend HB 414:
TUESDAY, FEBRUARY 7, 1956
723
By striking Section 8 in its entirety and inserting in lieu thereof a new Section 8 to read as follows:
"Section 8. Before entering upon the discharge of his duties, the Commissioner shall give bond in the sum of $25,000.00 with a surety company authorized to do business in Georgia, as surety, which bond shall be payable to the Ordinary of Chattooga County for the use of Chattooga County. Such bond shall be conditioned for the satisfactory and faithful performance of the duties of his office and for a true accounting of all monies and effects of said County coming into his custody, possession or control. Such bond shall be filed in the office of the Ordinary and shall be recorded upon his minutes. The premiums on such bond shall be paid from the funds of Chat tooga County."
The report of the committee which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 110, 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 95. By Senators Hollis of the 24th, Steis of the 25th and Jones of the 23rd:
A Bill to be entitled an Act to add one additional Judge of the Superior Courts of the Chattahoochee Circuit of Georgia, and for other purposes.
Referred to the Committee on General Judiciary #1.
SB 112. By Senators Hollis of the 24th, Page of the 1st and Davis of the 42nd: A Bill to be entitled an Act to amend an Act relating to sales and con veyances by administrators, and for other purposes.
Referred to the Committee on General Judiciary #1.
SB 113. By Senators Hollis of the 24th, Page of the 1st, Davis of the 42nd:
A Bill to be entitled an Act to amend an Act relating to wills and admin istration of estates, and for other purposes.
Referred to the Committee on General Judiciary #1.
SB 114. By Senators Hollis of the 24th, Page of the 1st and Davis of the 42nd:
A Bill to be entitled an Act to amend an Act relating to the Court of Ordinary and proceedings thereunder so as to provide that the Ordinary shall be empowered to issue fi. fas. at any time after the costs become due; and for other purposes.
Referred to the Committee on General Judiciary #1.
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JOURNAL OP THE HOUSE,
SB 115. By Senators Hollis of the 24th, Page of the 1st, and Davis of the 42nd:
A Bill to be entitled an Act to provide for an adjudication of the identify of persons entitled to take property under the laws of descent and dis tribution of this State; and for other purposes.
Referred to the Committee on General Judiciary $1.
SB 116. By Senators Hollis of the 24th, Page of the 1st and Davis of the 42nd:
A Bill to be entitled an Act to amend an Act relating to the appointment, bond and dismissal of a testamentary guardian, so as to provide that the Ordinary may require bond and security of guardians appointed by the parents for the child; and for other purposes.
Referred to the Committee on General Judiciary #1.
SB 117. By Senators Hollis of the 24th, Page of the 1st, and Davis of the 42nd:
A Bill to be entitled an Act to amend an Act relating to the notice to creditors to render accounts, so as to change the advertisement require ment, and for other purposes.
Referred to the Committee on General Judiciary #1.
SB 118. By Senator Harper of the 26th:
A Bill to be entitled an Act to abolish city courts in certain counties, having civil and criminal jurisdiction in such counties concurrent with the Superior Courts therein, and for other purposes.
Referred to the Committee on Counties and County Matters.
SB 121. By Senator Matthews of the 47th:
A Bill to be entitled an Act to amend an Act entitled An Act to create a Board of Commissioners of Colquitt County; and for other purposes.
Referred to the Committee on Counties and County Matters.
SB 89. By Senators Waters of the 41st and McDonald of the 43rd:
A Bill to be entitled an Act to amend an Act relating to employment of land processioners, so as to change the residence requirements and quali fications of such processioners; and for other purposes.
Referred to the Committee on General Judiciary #2.
SR 15. By Senators Wilkins of the 44th and McDonald of the 43rd:
A Resolution to authorize the exchange of properties or interest therein in connection with the clearing of title to property comprising Cloudland Canyon State Park, located in Dade and Walker Counties, and for other purposes.
Referred to the Committee on Public Property.
TUESDAY, FEBRUARY 7, 1956
725
SR 32. By Senator Page of the 1st:
A Resolution proposing an amendment to the Constitution so as to author ize the Governing Authority of Chatham County to expend county funds for the purpose of eradicating mosquitoes; and for other purposes.
Referred to the Committee on Amendments to Constitution #1.
SR 33. By Senator Page of the 1st:
A Resolution proposing an amendment to the Constitution so as to create additional industrial areas in the County of Chatham, and for other purposes.
Referred to the Committee on Amendments to Constitution #1.
SR 36. By Senator Raulerson of the 46th: A Resolution proposing an amendment to the Constitution so as to pro vide for the election of members of the Board of Education of Pierce County by districts; and for other purposes.
Referred to the Committee on Amendments to Constitution #1.
SB 111. By Senators Hollis of the 24th, Page of the 1st and Davis of the 42nd: A Bill to be entitled an Act to amend an Act relating to guardians and wards, and for other purposes.
Referred to the Committee on General Judiciary #1.
SB 77. By Senator Overby of the 33rd:
A Bill to be entitled an Act to amend an Act relating to the regulation of the installation of warm air heating equipment; and for other purposes.
Referred to the Committee on Counties and County Matters.
SB 105. By Senator Ponsell of the 5th:
A Bill to be entitled an Act to amend an Act relating to the regulation of the installation of warm air heating equipment in certain counties, and for other purposes.
Referred to the Committee on Counties and County Matters.
SB 104. By Senator Hollis of the 24th:
A Bill to be entitled an Act to repeal an Act to require registration of guests under their true names at tourist camps or like places by what ever name called; and for other purposes.
Referred to the Committee on Drainage.
SB 109. By Senators Hollis of the 24th, Millican of the 52nd and Lovett of the 16th:
A Bill to be entitled an Act to direct the Commissioner of Agriculture to
726
JOURNAL OF THE HOUSE,
evaluate each of the present farmer's markets that are being operated by the State and to determine whether any one or more of them should be closed; and for other purposes.
Referred to the Committee on General Agriculture #1.
SB 97. By Senator Hollis of the 24th:
A Bill to be entitled an Act to provide for the registration of securities held by a corporate fiduciary in the name of the nominee of such fiduci ary; and for other purposes.
Referred to the Committee on Banks and Banking.
SB 96. By Senators Harper of the 26th, Hollis of the 24th, Brooks of the 50th, Kelly of the 35th, Ricketson of the 19th and Turner of the 34th:
A Bill to be entitled an Act to define and regulate the business of repre senting insurance other than those transacting life, health, accident, hos pital, medical service and title insurance and bail bonding by individual sureties, and for other purposes.
Referred to the Committee on Insurance.
Mr. Freeman of Monroe rose to a Point of Personal Privilege and addressed the House.
The following Bills of the House and Senate were taken up for the purpose of considering the Conference Committee Reports thereon:
HB 35. By Messrs. Tarpley of Union, Cheatham of Chatham, Lindsey of Spalding and others:
A Bill to be entitled an Act to create a Statewide Probation System; and for other purposes.
The following Conference Committee Report was read:
Mr. President, Mr. Speaker:
Your Joint Committee on Conference has met on HB 35 and agrees to the following report.
The Committee recommends that:
Senate Amendment No. 1 be adopted.
We have substituted for Senate Amendment No. 2 the following: "If a circuit probation officer should be an attorney at Law, he shall be pro hibited from practicing law in any manner in which the probation system may be concerned while serving as a circuit probation officer."
TUESDAY, FEBRUARY 7, 1956
727
Amendment No. 3 be adopted with the following change: That the figure $6,000 be substituted for the figure $4,800.
Amendments No. 4 through 14 inclusive be adopted.
On the part of the Senate: Hollis of the 24th McDonald of the 43rd Davis of the 42nd
On the part of the House: Tarpley of Union Lindsey of Spalding Lavender of Elbert
Mr. Lindsey of Spalding moved that the House adopt the Conference Com mittee Report.
On the motion, the ayes were 108, nays 0.
The Conference Committee Report on HB 35 was adopted.
SB 5. By Senator Overby of the 33rd:
A Bill to be entitled an Act to authorize the State or any County, munici pal corporation or other political subdivision thereof to sell, lease, grant, exchange or otherwise dispose of any property or interest therein com prising parks, playgrounds, golf courses, swimming pools, or other property which has been dedicated to a public use for any purpose; and for other purposes.
The following Conference Committee Report was read:
Mr. President, Mr. Speaker:
Your Joint Committee on Conference has met on SB 5 and agrees to the following report:
The Committee recommends:
That the Senate recede from its position in rejecting the House Amendments.
On the part of the Senate: /s/ Matthews of the 41st /s/ Overby of the 33rd /s/ Clary of the 29th
On the part of the House /s/ Groover of Bibb /s/ Lavender of Elbert /s/ Hawkins of Screven
Mr. Groover of Bibb moved that the House adopt the Conference Committee Report on SB 5.
On the motion to adopt, the ayes were 118, nays 0.
728
JOURNAL OF THE HOUSE,
The Conference Committee Report 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 186. By Messrs. Groover of Bibb, Blalock of Clayton, Lavender of Elbert, Coker of Cherokee, and Chastain of Thomas:
A Bill to be entitled an Act to create the position of Fiscal Control Officer within the State Department of Education; and for other purposes.
The following Substitute was read:
Mr. Groover of Bibb offered the following substitute to HB 186:
AN ACT
To provide for the appointment of a Fiscal Officer for the State Board of Education; to provide for the duties, qualifications and com pensation of said officer and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
The State Board of Education is hereby authorized to employ a Fiscal Officer to serve at its pleasure.
SECTION 2.
The said Fiscal Officer shall be a person of good moral character, of high educational standing and experienced in matters concerning the fiscal affairs of business and be at least 25 years of age.
SECTION 3.
The compensation of said officer shall be fixed by the Board and shall be paid from moneys appropriated for the operation of the De partment of Education in such manner as the Board shall prescribe.
SECTION 4.
The duties of the Fiscal Officer shall be:
(a) To consult with and keep the Board advised on all matters in volving the expenditure of funds, particularly on ways and means of lowering operating costs for the Department of Edu cation;
(b) To act as a full time budget liaison between the State Board and the Department of Education;
(c) Such other matters and duties as the Board may from time to time prescribe.
TUESDAY, FEBRUARY 7, 1956
729
SECTION 5.
The person in charge of housing the Department of Education shall provide suitable office for the Fiscal Officer.
SECTION 6.
The said officer shall have access to such records and information within the State Department as may be reasonably required in the per formance of his duties.
SECTION 7.
Nothing in this Act shall be construed to alter the duties and powers now prescribed by law for the State School Superintendent.
SECTION 8. All laws and parts of laws in conflict herewith are hereby repealed.
The following amendments to the substitute were read and adopted:
Mr. Freeman of Monroe moves to amend substitute to HB 186 by striking sub-section (c) of Section 4.
Mr. Chambers of Richmond moves to amend the substitute to HB 186 by adding to Section 7, the following language, "or the County School Superintendents."
The substitute, as amended, was adopted.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to, by substitute, as amended.
On the passage of the Bill, by substitute, as amended, Mr. 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.:
Alien Ayers Barber of Colquitt Barber of Jackson Bentley Blackburn
Blalock Bolton Brown
Caldwell Carlisle Cason Chastain Cheatham Clary
Coker of Cherokee Cowart Dean of Rockdale
Denmark Denson Drinkard Edenfield Elder English
Eyler Fordham Foster
730
JOURNAL OF THE HOUSE,
Fowler of Tift Freeman Frier Garrard Gillis Green of Rabun Greene of Crisp Groover Gross of Stephens Hall Hardaway Harrison of Jeff Davis Harrison of Wayne Hawkins Henderson Hodges Hogan Hudson Hurst Jackson Jessup Jones of Laurens Jordan Kennedy of Turner Key Killingsworth King of Pike
Kitchens Lanier Larkins Lavender Lindsey Lokey Mallory Mashburn Massee McGarity McKenna McWhorter Mincy Moore Moorman Mull Murphy of Haralson Nilan Peacock Pelham Peters Pettey Phillips of Walton Pickard Ramsey Raulerson Ray
Reed Rodgers Roughton Rutland Scoggin Sheffield Short Singer
Smith of Evans Smith of Emanuel Hoke Smith of Fulton Sognier Souter Stewart Underwood of Bartow Underwood of
Montgomery Upshaw Weems Willingham Wilson of Peach Wooten Wright Young Mr. Speaker
. (Moate)
Those voting in the negative were Messrs.:
Adams Bagby Baughman Birdsong Black Bloodworth Bodenhamer Brannen Gates Chambers Cheek Cornelius Cotton
Dozier Duke Duncan Fain Fowler of Douglas Gilleland Grimsley Gross of Dade Gunter Harrell
Holley Johnson of Gilmer Jones of Worth Jones of Sumter Kelley Kennedy of Tattnall Killian King of Whitfield Lam Long Love Lowe Martin Matheson of Hart Mathis of Lowndes
Matthews McCracken McKelvey
Mobley Murphey of Crawford
Murr Musgrove Nightingale
Palmer Parker Phillips of Columbia Potts Register Russell Sanders Sivell M. M. Smith Stephens of Clarke Stevens of Marion Strickland Stripling Tamplin Tarpley Todd Truelove Twitty Veal Wheeler Williams Willis Wilson of Towns
On the passage of the Bill, by substitute, as amended, the ayes were 105, nays 69.
TUESDAY, FEBRUARY 7, 1956
731
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
Mr. Willingham of Cobb moved that the Bill be immediately transmitted to the Senate.
The motion prevailed, and the Bill was ordered immediately transmitted to the Senate.
Mr. Murphey of Crawford asked that the following be incorporated in the Journal:
HB 186
Mr. Speaker:
I have the utmost respect for the ability of the floor leaders of the House. I also have the same respect for the committee that recom mended that this Bill do not pass. I feel that this is a political measure and wish to uphold the committee report. I feel that it is only a way to legislate power from an elected official for political purposes. I have been an all out supporter of the administration but I cannot go along with the so-called economy committee in creating this unnecessary job.
Mr. Speaker, I vote No.
/s/ R. Clifton Murphey R. Clifton Murphey Representative Crawford County.
HB 73. By Messrs. Sognier, Cheatham, and Eyler of Chatham:
A Bill to be entitled an Act to add one additional Judge of the Superior Court for the Eastern Judicial Circuit of Georgia; and for other pur poses.
Mr. Smith of Emanuel moved the previous question and the call was sus tained.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 103, nays 3.
The Bill, having received the requisite constitutional majority, was passed.
The Bill was ordered immediately transmitted to the Senate.
HB 455. By Messrs. Pickard of Muscogee and Duncan of Carroll: A Bill to be entitled an Act to provide that no person shall construct or operate in intrastate commerce within this State any pipeline or
732
JOURNAL OF THE HOUSE,
any distribution system or any extension thereof or sell from such pipe line or acquire ownership or control of such pipeline or distribution system either directly or indirectly, for the transportation, distribution or sale of natural or manufactured gas without first obtaining from the Georgia Public Service Commission a certificate that the public con veniences and necessity require such construction; and for other pur poses.
Mr. Pickard of Muscogee moved that further consideration of the Bill be postponed until February 8, 1956, immediately following the period of unanimous consents, and the motion prevailed.
HB 86. By Messrs. H. Smith, Lokey, and M. Smith of Fulton:
A Bill to be entitled an Act to add two additional Judges of the Superior Court for the Atlanta Judicial Circuit; and for other purposes.
Mr. Strickland of Toombs moved the previous question and the call was sustained.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 118, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 87. By Messrs. Sanders and Chambers of Richmond and Freeman of Monroe:
A Bill to be entitled an Act to amend an Act known as the "Juvenile Court Act", so as to provide that it shall be unlawful for any juvenile court judge to act as an attorney within the jurisdiction of his own court; and for other purposes.
The following Senate amendment to HB 87 was read:
The Judiciary Committee of the Senate moves to amend HB 87 as follows:
By striking from the caption of said Bill the language "in any manner or" and by adding the word "pending" so that now added caption shall read as follows:
AN ACT
To amend an Act known as the "Juvenile Court Act", approved February 19, 1951, (Ga. Laws 1951, Page 291), as amended, so as to provide that it shall be unlawful for any juvenile court judge to act as an attorney in any matter which is pending or has been within the
TUESDAY, FEBRUARY 7, 1956
733
jurisdiction of his own court, to repeal conflicting laws; and for other purposes.
By adding the word "pending jurisdiction" to Section 4A of said Bill and by striking the langauge "or may arise" from Section 4A of said Bill so that now said section shall read as follows:
"Section 4A. It shall be unlawful for the judge of any juvenile court to engage directly or indirectly in the practice of law in his own name, or in the name of another, as a partner or in any manner, in any cause, proceeding or matter of any kind, in his own court or in any other court in any cause, proceeding or any other matter of which his own court has pending jurisdiction or has had jurisdiction. It shall be unlawful for any juvenile court judge to give advice or counsel to any person on any matter of any kind whatsoever which has arisen directly or indirectly, in his own court, except such advice or counsel as he is called upon to give while performing his duties as juvenile court judge."
Mr. Sanders of Richmond moved that the House agree to the Senate amend ment to HB 87.
On the motion to agree, the ayes were 107, nays 0.
The Senate amendment was agreed to.
Under the regular order of business, the following Bills of the House and Senate were taken up for consideration and read the third time:
HB 379. By Messrs. Blalock and Foster of Clayton:
A Bill to be entitled an Act to create a new Judicial Circuit for the State of Georgia, to be known as the Clayton Judicial Circuit; and for other purposes.
The following amendment was read and adopted:
Messrs. Foster and Blalock of Clayton moves to amend HB 379 as follows:
By striking the figure "$7,000.00" in Section 2, and inserting in lieu thereof the figure "$5,000.00."
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the Speaker ordered the roll call and the vote was as follows:
734
JOURNAL OP THE HOUSE,
Those voting in the affirmative were Messrs.:
Bagby Baughman Blackburn Blalock Bloodworth Bolton Brannen Brown Campbell Gates Cheatham Cheek Coker of Cherokee Coker of Walker Cotton Cowart Dean of Eockdale Denmark Denson Dozier Drinkard Elder Eyler Foster Fowler of Douglas Fowler of Tift Green of Rabun Greene of Crisp Hardaway
Harrison of Wayne Hodges Holley Hudson Ivey Jessup Johnson of Jenkins Jones of Worth Jones of Sumter Kennedy of Turner Key Land Lavender Lindsey Lokey Long Mackay Matheson of Hart Matthews Mauldin McGarity McWhorter Mincy Moorman Mull Murphey of Crawford Murphy of Haralson Murr Nilan
Parker Peters Pettey Phillips of Columbia Phillips of Walton Pickard Potts Ramsey Ray Reed Rodgers Rutland Sanders Scoggin Sheffield Smith of Evans Hoke Smith of Fulton Sognier Souter Stephens of Clarke Stevens of Marion Stewart Strickland Tamplin Tarpley Underwood of Bartow
Upshaw Watson Young
Those voting in the negative were Messrs.:
Alien Ayers Barker Cason Clary Cornelius English Flynt Fordham Freeman Frier Grimsley Gross of Stephens Gross of Dade Gunter Hall
Henderson Hogan Jackson Johnson of Gilmer Jones of Laurens Kelley King of Whitfield Lanier Larkins Love Mallory Martin Mashburn Mathis of Lowndes McKelvey McKenna
Moore Musgrove Odom Peacock Pelham Raulerson Register Roughton Truelove Veal Williams Wilson of Towns Wilson of Peach
Wooten Wright
On the passage of the Bill, as amended, the ayes were 87, nays 47.
The Bill, having failed to receive the requisite constitutional majority, was lost.
TUESDAY, FEBRUARY 7, 1956
735
Mr. Blalock of Clayton gave notice that at the proper time he would move that the House reconsider its action in failing to pass HB 379.
HB 43. By Mr. Jackson of Jones:
A Bill to be entitled an Act to provide that during the term for which he has been elected, no member of the General Assembly shall hold any position of employment in any department or other agency of the State Government; and for other purposes.
A Substitute offered by Williams of Hart was read and lost:
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, Mr. Jackson of Jones moved the ayes and nays and the call was sustained.
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Ayers Barber of Colquitt Bentley Bolton Caldwell Carlisle Cason Denson Dozier Drinkard Fowler of Douglas Fowler of Tift Freeman Frier Green of Rabun Greene of Crisp Grimsley Gunter
Henderson Hodges Ivey Jackson Jones of Worth Jones of Sumter Kelley Kennedy of Tattnall Lindsey Love Mallory McKenna McWhorter Mincy Moore Murr Nilan Pelham
Register Rutland Scoggin Smith of Evans M. M. Smith of Fulton Stephens of Clarke Stevens of Marion Strickland Tamplin Veal Watson Wilson of Towns Wilson of Peach Wooten Wright Young
Those voting in the negative were Messrs.:
Adams Bagby Baughman Blalock Bloodworth Brannen Brown
Campbell Chambers Chastain Clary Cloud Coker of Cherokee Coker of Walker
Cotton Cowart Denmark Duke Edenfield Elder English
736
JOURNAL OF THE HOUSE,
Pain Plynt Foster Garrard Gilleland Groover Gross of Stephens Hall Hardaway Harrison of Jeff Davis Harrison of Wayne Hogan Holley Houston Huddleston Hudson Hurst Johnson of Jenkins
Johnson of Gilmer Jones of Lumpkin Kennedy of Turner
Killings-worth King of Whitfield King of Chattahoochee Land Lanier Larkins Lowe Martin Mashburn Mathis of Lowndes Mauldin McCracken McKelvey Mobley Moorman Mull Murphey of Crawford Murphy of Haralson Musgrove Odom Palmer
Parker Peacock Peters
Pettey Phillips of Columbia Phillips of Walton Potts Ramsey Raulerson Ray Rodgers Roughton Sheffield Singer Souter Stewart Stripling Upshaw Wheeler Willingham
On the passage of the Bill, the ayes were 52, nays 83.
The Bill, having failed to receive the requisite constitutional majority, was lost.
Mr. Underwood of Bartow, requested the Journal to show him as voting for the passage of HB 43--stating that his voting switch was not working.
SB 50. By Senator Zellner of the 22nd:
A Bill to be entitled an Act to create a Livestock Disease Control Board; and for other purposes.
The following Substitute to SB 50 was read:
Messrs. Mauldin of Gordon, and McGarity of Henry offered the following substitute to SB 50:
A BILL
To be entitled an Act to create a Livestock and Poultry Disease Control Board; to provide for the members, duties and compensation of the members thereof; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. There is hereby created a Livestock and Poultry Dis ease Control Board to be composed of the Commissioner of Agriculture, ex officio, as Chairman, the Attorney General, ex officio, and the fol lowing as members: the president of the Georgia Livestock Association; the president of the Georgia Swine Breeders Association; the president of the Georgia Veterinary Medical Association; the president of the
TUESDAY, FEBRUARY 7, 1956
737
Georgia Poultry Federation; the president of the Georgia Milk Pro ducers Association; the president of the Georgia Sheep Breeders Asso ciation; the president, or some person designated by the president of the Georgia Farm Bureau Federation; the president, or some person designated by the president of the Georgia Stockyard Operators Asso ciation; the Dean of the College of Agriculture or some person desig nated by him; the Director of the Experimental Stations of some person designated by him; the Director of the Agriculture Extension Service or some person designated by him; the State Supervisor of Vocational Agriculture or some person designated by him; the Dean of the School of Veterinary Medicine or some person designated by him. The Chairman and the Attorney General shall be compensated in the amount of $20.00 per day for each day of service on business Of the Board to be paid from the funds of the Department of Agriculture. No member shall be paid more than $240 per annum.
The following amendment was read and adopted:
Mr. McGarity of Henry moves to amend the Substitute to SB 50 by striking the words "the Attorney General, ex officio," and "and the Attorney General" wherever it appears.
The substitute, as amended, was adopted.
The previous question was ordered.
<
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to, by substitute, as amended.
On the passage of the Bill, by substitute, as amended, Mr. McGarity of Henry 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 Alien Ayers Bagby
Barker Baughman Bentley Blalock Bloodworth Bodenhamer Bolton Brannen Brown Callier Campbell
Carlisle Cason Gates Chambers
Cheatham Clary Coker of Cherokee Coker of Walker Cornelius Cotton Cowart Dean of Rockdale Denmark Denson Dozier
Drinkard Duke Elder English
Eyler Fain Fordham Foster Fowler of Douglas Freeman Frier Garrard Gilleland Green of Rabun Greene of Crisp
738
JOURNAL OP THE HOUSE,
Groover
Gross of Stephens
Gunter
Hall
Hardaway
Harrison of Jeff Davis
Harrison of Wayne
Henderson
Hodges
Hogan
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
Killingsworth
King of Whitfield
Lam
Land
Lanier
Larkins
Lavender
Lindsey
Lokey
Long
Lowe
.!
Mallory
Martin
Mashburn
Matheson of Hart
Mathis of Lowndes
Matthews
Mauldin
McGarity
McKelvey
McKenna
McWhorter
Mincy
Mobley
Moore
Mull
Murphey of Crawford
Murphy of Haralson
Murr
Nilan
Odom
Palmer
Parker
Peacock
Pelham
Peters
Pettey
Phillips of Columbia
Phillips of Walton
Potts
Raulerson
Ray
Reed
Register Rodgers
Roughton Rutland Sanders Scoggin Sheffield Sivell Smith of Evans Hoke Smith of Fulton M..M. Smith of Pulton Souter Stephens of Clarke Stevens of Marion Stewart Strickland Stripling Tamplin Tarpley Twitty Underwood of Bartow Underwood of
Montgomery Upshaw Watson Wheeler Williams Willingham Wilson of Towns Wilson of Peach Wboten Wright Young
Those voting in the negative were Messrs.:
Plynt
Grimsley
Veal
On the passage of the Bill, by substitute, as amended, the ayes were 147, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
Under the regular order of business, the following Bill of the House was again taken up for consideration:
HB 351. By Mr. Bentley of Cobb:
A Bill to be entitled an Act to provide that a parent or guardian shall be liable for the wilful and wanton torts of his minor child in an amount not to exceed five hundred dollars; and for other purposes.
TUESDAY, FEBRUARY 7, 1956
739
The following substitute was read and adopted:
Mr. Bentley of Cobb offered the following Substitute to HB 351:
AN ACT
To provide that the parent having the custody and control of a minor child or children under the age of sixteen shall be liable for the wilful and wanton acts of vandalism of said minor child or children and further to provide that nothing in this act shall be construed to affect liability of said parent under the "Family Purpose Car Doctrine" or any statutes now in force and effect, to repeal conflicting laws and for other purposes.
BE IT FURTHER ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Every parent having the custody and control of a minor child or children under the age of sixteen shall be liable for the wilful and wanton acts of vandalism of said minor child or children resulting in injury or damage to the person or property of another ; provided, how ever, that this Act shall be cumulative and shall not be restrictive of any remedies now available to any person, firm, or corporation for injuries of damages arising out of the acts, torts, or negligence of a minor child under the "Family Purpose Car Doctrine" or any statutes now in force and effect in the State of Georgia.
SECTION 2.
All laws and parts of laws in conflict with this Act are hereby repealed.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to, by substitute;
On the passage of the Bill, by substitute, the ayes were 103, nays 11.
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 and Senate were taken up for consideration and read the third time:
SB 16. By Senators Page of the 1st, and Steis of the 25th:
A Bill to be entitled an Act to amend Code Chapter 84-6, regulating the practice of Chiropody, so as to provide for the qualifications of appli cants for examinations; and for other purposes.
740
JOURNAL OP THE HOUSE,
The previous question was ordered.
The main question was ordered.
The report of the Committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, Mr. Mashburn of Porsyth 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 Alien Ayers Bagby Barber of Colquitt Barber of Jackson Baughman Bentley Birdsong Black Blackburn Bloodworth Bolton Brannen Brown Campbell Carlisle Cason Cheatham Clary Coker of Cherokee Coker of Walker Cornelius Cotton -
Cowart Dean of Eockdale Denmark Dozier Drinkard Duke Elder Eyler Fain Flynt Fordham Fowler of Douglas Fowler of Tift Freeman Frier Garrard
Gilleland Green of Rabun Greene of Crisp Groover Gross of Stephens Hall Hardaway Harrison of Jeff Davis Hawkins Henderson Hodges Houston Huddleston Hurst
Ivey
Jessup Johnson of Jenkins Johnson of Gilmer Jones of Worth Jones of Lumpkin Jones of Laurens Jones of Sumter Kelley Kennedy of Turner Kennedy of Tattnall Key Killian Killingsworth King of Pike Lam Land Larkins Lavender Lindsey Lokey Long Lowe Mallory Martin Mashburn
Matheson of Hart Mathis of Lowndes Matthews Mauldin McCracken McGarity McKelvey McKenna Mincy Mobley Moore Moorman Mull Murr Musgrove Nilan Odom Palmer Pelham Peters Pettey Phillips of Columbia
Potts Ramsey Raulerson Ray Reed Register Russell Rutland Scoggin Sheffield Short Singer Sivell Smith of Evans Smith of Emanuel Sognier Souter Stephens of Clarke
TUESDAY, FEBRUARY 7, 1956
741
Stewart Strickland Stripling Tarpley Todd Truelove Twitty
Underwood of Bartow Underwood of
Montgomery Upshaw Veal Watson Wheeler
Williams Wilson of Towns Wilson of Peach Wright Young
Those voting in the negative were Messrs.:
English Grimsley
Hudson Jackson
Murphy of Haralson
On the passage of the Bill, the ayes were 138, nays 5.
The Bill, having received the requisite constitutional majority, was passed.
HR 127-348e. By Mr. Freeman of Monroe:
A Resolution compensating Early T. Grant for damages done to his automobile; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 114, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HB 113. By Mr. Groover of Bibb:
A Bill to be entitled an Act to amend an Act comprehensively and ex haustively superseding and revising the laws relating to the Game and Fish Commission and to game and fish, to provide for penalties for violation thereof; and for other purposes.
Mr. Groover of Bibb moved that further consideration of HB 113 be post poned until February 8, 1956 immediately following the period of unanimous consents.
The motion prevailed, and the Bill was postponed.
HR 106-300g. By Messrs. Gates and Mobley of Burke:
A Resolution to compensate M. V. Parkerson for damages to automobile; and for other purposes.
The previous question was ordered.
742
JOURNAL OF THE HOUSE,.
The main question was ordered.
The report of the committee which was favorable to the adoption of the
Resolution, was agreed to.
; ''
On the adoption of the Resolution, the ayes were 114, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HB 167. By Mr. Matthews of Clarke:
A Bill to be entitled an Act to provide for the examination and registra tion of persons engaged in the practice of massage, and massage schools; and for other purposes.
The following amendments were read and adopted:
Messrs. Groover of Bibb and Twitty of Mitchell moves to amend HB 167 by adding to Section 17, the following* "Provided however, that the entire cost of administering this Act shall be derived solely from fees provided herein and the State shall not be liable for the expendi tures of any funds in support hereof".
Mr. Matthews of Clarke moves to amend HB 167 by adding at the
end of paragraph (b) of Section 3 the words:
''
"(b). Provision is made for the registration of apprentice masseurs arid apprentice masseuses, as such, this status to be main tained until such time as they can stand and successfully pass the State Board examination. Upon passing this examination, they would'be registered and licensed as full and qualified masseurs or masseuses."
And by adding at the end of the first paragraph of Section 7 the words:
"Provided that any person who can show evidence of good moral character and temperate habits, and who prior to 1950 had been engaged as a masseur or masseuse for a period of not less than ten (10) years in this State, shall upon payment of the fees required by this Act be automatically registered by the Board and shall not be required to take the examination required herein."
And by adding at the end of paragraph (a) of Section 8 the words:
"The fee for an apprentice masseur and masseuse shall be ten ($10.00) dollars for each original registration and a fee of five ($5.00) dollars payable every three (3) years thereafter."
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to, as amended.
TUESDAY, FEBEUARY 7, 1956
743
On the passage of the Bill, as amended, Mr. Matthews of Clarke moved the ayes' and hays and the call was sustained.
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams
Alien
Baughman
Birdsong
Black
Blackburn
Bloodworth
Brannen
Callier
Campbell
Carlisle
Cason
Gates
Chambers
Cheatham
Cheek
Coker of Walker
Cornelius
Cowart
Dean of Rockdale
Denmark
Denson
Dozier
Drinkard
Duke
Eylef
:
Flynt
Fordham
Garrard
Gilleland
Green of Rabun
Greene of Crisp,
Groover
Gross of Stephens
Gunter
Hall Hardaway Harrison of Jeff Davis Hawkins Hogan Holley Houston Ivey _.;,. , Jessup Johnson of Gilmer ' Jones of 'Worth Jones of Lumpkin Jones of Laurens Kennedy of Tattnall Key King of iWhitfield Kitchens Lam Lanier Lavender :,Lorig Lowe Mallory Martin Mashburn Matheson df Hart Matthews Mauldin McG.arity McKelVey McKenna Mull Murphey of Crawford Murphy of Haralson
Murr
Nilan Odom Palmer Pelham Peters Pettey Potts Ramsey Raulerson Ray Reed Roughton Sanders Singer . Smith of Evans Smith of Emanuel Sognier Stephens of Clarke Stevens of Marion Strickland Stripling Tamplin Tarpley Todd Truelove Twitty Underwood of
Montgomery Upshaw Veal Williams Willingham Willis Wilson of Peach Wilson of Towns
Those voting in 'the negative were Messrs.:
Ayers
Bagby
Barber of Colquitt . ,
Barber of Jackson
Barker
,
Blalock
Bolton
Chastain
Clary
Coker of Cherokee
Cotton English
Fain Fowler of Tift Frier Gillis Grimsley Gross of Dade Harrison of Wayne Henderson
Hodges Hurst Jackson Jordan Kelley Kennedy of Turner Killian Larkins Lokey Mathis of Lowndes
744
JOURNAL OP THE HOUSE,
McWhorter Mincy Moore Moorman Musgrove Nightingale Parker
Peacock Register Rodgers Russell Scoggin Sheffield Short
Sivell Hoke Smith of Fulton Stewart Underwood of Bartow Watson Wooten Wright
On the passage of the Bill, as amended, the ayes were 104, nays 51.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 190. By Messrs. Groover of Bibb, Lavender of Elbert, Blalock of Clayton, Coker of Cherokee, and Chastain of Thomas:
A Bill to be entitled an Act to provide all leases of State property for a term of more than one year shall be ratified by the Senate; and for other purposes.
The following Substitute was read and adopted:
By: Messrs. Groover of Bibb, Lavender of Elbert, Blalock of Clayton, Coker of Cherokee and Chastain of Thomas:
AN ACT
To provide that all leases of State property, which begin more than one year after execution shall be ratified by the Senate; to provide that certain leases of State property shall be reviewed by the Attorney Gen eral, so as to ascertain whether the same may be cancelled; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
All leases of State property which begin more than one year after execution shall be ratified by a two-thirds vote of the Senate.
SECTION 2.
All leases of State property now in existence which are for a term beginning more than one year prior to the adoption of this Act shall be reviewed by the Attorney General, who shall report his findings to the General Assembly in 1957, as to:
(a) The terms and condition of said lease
(b) His opinion as to whether said lease may be cancelled.
SECTION 3.
All laws and parts of laws in conflict with this Act are hereby repealed.
TUESDAY, FEBRUARY 7, 1956
745
The previous question was ordered.
The main question was ordered.
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 131, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
The Clerk was directed to correct all typographical errors in the Bill.
HB 301. By Messrs. Carlisle of Bibb, Huddleston of Fayette, Jordan of Wheeler, Jackson of Jones, Land of Wilkinson, and Pettey of Pulaski:
A Bill to be entitled an Act to prohibit the appropriation or expenditure of any State, county, municipal, or other public funds for the mainte nance, upkeep, operation or support of any public school or institution providing educational or training courses or programs of any nature or character whatsoever, including but not limited to, schools providing technical courses, nurses training courses, where such schools or insti tutions do not provide separate schools or classes for the white and colored races; and for other purposes.
The following amendments were read and adopted:
Mr. Groover of Bibb moves to amend HB 301 as follows: '
By striking from Section 2 the words "any citizen or taxpayer or."
The Committee on State of Republic moves to amend HB 301 by adding in the fifth line of Section 1 between the word, "other" and the word, "institution", the words, "public", so that line 5 of Section 1, as amended shall read: "support of any public school or other public institution providing".
The previous question was ordered.
The main question was ordered.
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 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
The Clerk was directed to correct all errors in the Bill.
746
JOURNAL OF THE HOUSE,
HB 71. By Messrs. Sognier, Cheatham, and Eyler of Chatham:
A Bill to be entitled an Act to require all defendants in bastardy, wifebeating, and abandonment cases that are tried in Superior Court in this State to be tried on accusations and to provide that indictments ' may not be demanded in such courts for defendants charged with the offences of bastardy, wife-beating and abandonment; and for other purposes.
Mr. Sognier of Chatham moved that further consideration of HB 71 be postponed until February 8, 1956, immediately following the period of unanimous consents.
The motion prevailed, and the Bill was postponed.
HB 353. By Messrs. Bentley of Cobb, M. Smith of Fulton, and Scoggin of Floyd:
A Bill to be entitled an Act to amend an Act establishing Juvenile Courts and providing the procedure connected therewith; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill the Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams
Alien
Ayers
Barber of Jackson
Barker
Baughman
Bentley
Birdsong
Blalock
Brown
Campbell
Carlisle
Cason
Gates
Chambers
Cheatham
Cheek
Clary
Coker of Cherokee
Coker of Walker
Cornelius
Cotton Cowart Denmark Denson Dozier Drinkard Duke Elder English , ? . Eyler Flynt Fordham Foster Fowler of Douglas . Fowler of Tift Frier Garrard Gilleland Gillis Green of Rabun Greene of Crisp
Grimsley Groover Gross of Stephens Gross of Bade Gunter Hall HardaWay Harrison of Wayne Hawkins Henderson Hodges Hogan Holley Houston Hudson Ivey Jackson Jessup Johnson of Gilmer Jones of Worth Jones of Lumpkin
TUESDAY, FEBRUARY 7, 1956
747
Jones of Laurens
Jones of Sumter
Jordan
Kelley
Kennedy of Turner
Kennedy of Tattnall
Killian
King of Whitfield
King of Pike
Lam
Land
Lanier
Larkins
Lindsey
Lokey
Long .
Mallory
Martin
"
Mashburn '
Mathis of Lowndes
Mauldin
McKelvey
McWhofter
Mincy Mobley Moorman Mull Murphey of Crawford Musgrove Nilan Odom Palmer Parker Peters Pettey Potts Ray Reed Register Rodgers Sanders Scoggin Short Smith of Evans Smith of Emanuel Stevens
Stewart Strickland Stripling Tamplin Tarpley Todd Truelove Twitty Underwood of Bartow Underwood of
Montgomery Upshaw Veal Watson Weems Wheeler Willis Wilson of Towns Wilson of Peach Wooten Wright
On the passage of the Bill, tjie ayes were 129, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The Bill was ordered immediately transmitted to the Senate.
Mr. Groover of Bibb moved that the House do now adjourn until 10 ;00 o'clock tomorrow morning, and the motion prevailed.
Leave of absence was granted to Mr. Cocke of Terrell for Wednesday, Febru ary 8, 195i
The Speaker announced the House'adjourned until 10:00 o'clock tomorrow morning.
748
JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia. Wednesday, February 8, 1956.
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, Reverend Glynn Waldrop, Pastor of McDonough Baptist Church, McDonough, Georgia.
The roll was called and the following members answered to their names:
Adams Alien Ayers Barber of Colquitt Barber of Jackson Barker Baughman Bentley Birdsong Black Blackburn Blalock Bloodworth Bolton Brannen Brown Caldwell Callier Campbell Carlisle Cason Gates Chambers Cheatham Cheek Clary Cloud Coker of Cherokee Coker of Walker Cornelius Cotton Cowart Coxwell Deal Dean of Rockdale Deen of Bacon Denmark Denson Dozier Drinkard Duke Edenfield English
Eyler Fain Floyd Flynt Fordham Foster Fowler of Douglas Freeman Frier Garrard Gilleland Gillis Green of Rabun Greene of Crisp Grimsley Groover Gross of Stephens Gross of Dade Gunter Hardaway Harrell Harrison of Jeff Davis Harrison of Wayne Hawkins Hayes Henderson Hendrix Hodges 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 Killingsworth King of Whitfield King of Chattahoochee King of Pike Kitchens Lam Land Larkins Lindsey Lokey Long Lowe Mackay Mallory Margin 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
WEDNESDAY, FEBRUARY 8, 1956
749
Palmer Parker Peacock Pelham Peters Pettey Phillips of Columbia Phillips of Walton Pickard Potts Ramsey Raulerson Ray Reed Register Rodgers Roughton Rowland Ruark
Sanders
Sheffield
Short
Smith of Evans
Smith of Emanuel
Hoke Smith of Fulton
M. M. Smith of Fulton
Sognier
Souter
Stephens of Clarke
Stewart
Strickland
Stripling
Tamplin
Tanner
Terrell
.
Todd
Truelove
Turk
Twitty Underwood of Bartow Underwood of
Montgomery Upshaw Veal Watson Weems Wheeler Williams Willingham Willis Wilson of Towns Wilson of Peach Wooten Young Mr. Speaker
(Moate)
Those not answering the roll call were Messrs.: Bagby, Bodenhamer, Chastain, Cocke, Duncan, Elder, Fowler of Tift, Hall, Kilgore, Lanier, Lavender, Love, Mashburn, Perkins, Russell, Rutland, Scoggin, Singer, Sivell, Stevens of Marion, Tarpley and Wright.
Mr. Veal of Putriam, Acting Chairman of the Committee on Journals re ported 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 Special Judiciary be instructed to report SB 31 back to the House.
By unanimous consent, the following was established as the order of busi ness, during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions 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.
750
JOURNAL OP THE HOUSE,
Mr. Roughton of Washington moved that the following Bills of the House be withdrawn from the Committee on Veterans Affairs, read the second time and recommitted:
HB 416. By Messrs. Groover of Bibb and Floyd of Chattooga:
A Bill to be entitled an Act to amend an Act providing for an integrated Veterans Service of Georgia and creating a State Department of Vet erans Service; and for other purposes.
HB 475. By Messrs. Floyd and Weems of Chattooga:
A Bill to be entitled an Act to amend an Act providing for the furnish ing of veterans of certain vital statistics; and for other purposes.
HB 477. By Messrs. Stripling of Coweta, Floyd of Chattooga, Phillips of Walton and Matheson of Hart:
A Bill to be entitled an Act to provide for the issuance of automobile license tags to disabled veterans; and for other purposes.
- The motion prevailed) and the Bills were withdrawn, read the second time and recommitted.
Mr. Bolton of Spalding moved that the following Bill of the Senate be with drawn from the Committee on Insurance, read the second time and recommitted:
SB 96. By Senators Harper of the 26th, Hollis of the 24th, Brooks of the 50th, Kelly of the 35th, Ricketson of the 19th and Turner of the 34th:
A Bill to be entitled an Act to define and regulate the business of repre senting insurers other than those transacting life, health, accident, hos pital, medical service and title insurance and bail bonding by individual sureties; and for other purposes.
''
"
The motion prevailed, and the Bill was withdrawn, read the second time
and recommitted.
Mr. Ivey of Newton moved that the following Bill of the House be with
drawn from the Committee on Public Welfare, read the second time, and recom
mitted:
' i-
HB 431. By Mr. Ivey of Newton:
A Bill to be entitled an Act to amend an Act creating the position of Associate Public Service Commissioners; and for other purposes.
The motion prevailed, and the Bill was withdrawn, read the second time and recommitted.
Mr. Houston of Whitfield moved that the following Bill of the House be withdrawn from the Committee on Industrial Relations, read the second time and recommitted:
WEDNESDAY, FEBRUARY;8, 1956
751
HB 514. By Messrs. Houston and King of Whitfield:
A Bill to be entitled an Act to amend Title 114 of the Code, as amended, relating to Workmen's Compensation; and for other purposes.
The motion prevailed, and the bill was withdrawn, read the second time and recommitted.
Mr. Blalock of Clayton moved that the following Bill of the House be with drawn from the Committee on State of Republic, read the second time and recommitted:
HB 501. By Mr. Blalock of Clayton: A Bill to be entitled an Act to amend an Act to provide for the fixing the salary of the Director of the State Board of Social Security at ten thousand ($10,000) per annum, and for other purposes.
The motion prevailed, and the bill was withdrawn, read the second time and recommitted.
Mr. Groover of Bibb moved that the following Resolution of the House be withdrawn from the Committee on Special' Appropriations; read the second time and recommitted:
HR 173-477J. By Mr. Killingsworth of Clay: A Resolution to compensate Hal Saunders, Jr., for expenses due to a fall; and for other purposes.
The motion prevailed, and the Resolution was withdrawn, read the second, time and recommitted.
Mr. Harrison of Wayne moved that the following'Resolution of the House be withdrawn from the Committee on Special Appropriations, read the second time, and recommitted:
HR 154-454a. By Mr. Harrison of Wayne: A Resolution to compensate Reverend L. N. Yarbrough; and for other purposes.
The motion prevailed, and the Resolution was withdrawn, read the second time and recommitted.
Mr. Pickard of Muscogee moved that the following Bill of the Senate be withdrawn from the Committee on General Judiciary #1, read the second time and recommitted:
SB 95. By Senators Hollis of the 24th, Steis of the 25th, and Jones of the 23rd:
A Bill to be entitled an Act to add one additional Judge of the Superior Courts of the Chattahoochee Circuit of Georgia; and for other purposes.
752
JOURNAL OF THE HOUSE,
The motion prevailed, and the Bill was withdrawn, read the second time and recommitted.
Mr. Blalock of Clayton moved that the House reconsider its action in failing to pass the following Bill of the House.
HB 379. By Messrs. Blalock and Foster of Clayton:
A Bill to be entitled an Act to create a new judicial circuit for the State of Georgia, to be known as the Clayton Judicial Circuit; and for other purposes.
The motion prevailed, and the Bill was reconsidered.
Mr. Lindsey of Spalding asked unanimous consent that the Clerk of the House be instructed to correct a typographical error in HB 35, by deleting the words "may thereupon" in Section 8.
The request was granted, and the Clerk was so directed.
Mr. McGarity of Henry asked unanimous consent that the Clerk of the House be directed to correct an omission in his amendment to SB 50, by adding the words "and the Attorney General" after the words "Attorney General, ex officio".
The request was granted, and the Clerk was so directed.
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 48. By Senator Matthews of the 47th:
A Bill to be entitled an Act to amend an Act establishing a retirement system for certain teachers in the public and state supported schools, approved March 19, 1943 (Ga. Laws 1943, p. 640), so as to remove the provision in subsection (4) of Section 5 relative to receiving the equivalent of a service retirement allowance if a member has 35 years of service; to change the date of the computation of the accrued liability contribution rate; to repeal conflicting law; and for other purposes.
SB 101. By Senators Harden of the 27th and Coffin of the llth:
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; to provide for fees; to provide for examinations; to provide for penalties; to provide for exceptions; to prescribe the procedure con nected with the foregoing; to repeal conflicting laws; and for other purposes.
WEDNESDAY, FEBRUARY 8, 1956
753
SB 122. By Senator Hollis of the 24th:
A Bill to be entitled an Act to amend the Charter of the City of Columbus in the County of Muscogee; and for other purposes.
SR 34. By Senator Millican of the 52nd:
A Resolution creating a committee to study the advisability of (1) con forming the Georgia Income Tax Laws as nearly as practicable to the Federal Income Tax Law with respect to the determination and classi fication of a taxable net income, and (2) of providing for a State income tax withholding system; and for other purposes.
HB 106. By Mr. Groover of Bibb:
A Bill to amend an Act .relating to the sale of commercial feed and feeding stuffs sold in this state; and for other purposes.
HB 110. By Messrs. Cheatham, Eyler and Sognier of Chatham:
A Bill to amend an Act entitled an Act to authorize and empower County Boards of Education to condemn private property for public school purposes; and for other purposes.
HB 112. By Mr. Groover of Bibb:
A Bill to amend an Act relating to the Game and Fish Commission; relating to salaries of commission employees and wildlife rangers; and for other purposes.
HB 119. By Mr. Murphy of Haralson:
A Bill to be known as the "Georgia Food Act", relating to foods and drugs; and for other purposes.
HB 122. By Messrs. Lanier of Candler and Smith of Evans:
A Bill relating to the employment and compensation of a veterinary surgeon or expert; and for other purposes.
HB 146. By Messrs. Moate of Hancock, Sheffield of Brooks and others:
A Bill to provide that before any person, firm, corporation or associa tion shall burn any woods, lands, marshes or other inflammable or combustible materials, notice of the times and place must first be given to the County Forest Ranger; and for other purposes.
HB 147. By Messrs. Moate of Hancock, Sheffield of Brooks and others:
A Bill to amend an Act comprehensively revising and superseding the laws relating to the Georgia Forestry Commission; and for other pur poses.
HB 149. By Messrs. Mobley and Gates of Burke and others:
A Bill to amend an Act entitled an Act to provide for certified public weighers; and for other purposes.
754
JOURNAL OP THE HOUSE,
HB 195. By Messrs. Twitty of Mitchell, Mamldin of Gordon and others:
A Bill to regulate the labeling, sale, offering, exposing or transporting for sale of agricultural, vegetable, flower, tree and shrub seeds; and for other purposes.
HB 202. By Messrs. Groover of Bibb, Twitty of Mitchell and Ray of Warren:
A Bill to amend an Act creating the office of solicitor general emeritus and creating the solicitors general retirement fund of Georgia; and for other purposes.
HB 269. By Mr. Groover of Bibb:
A Bill to amend an Act concerning the creation, declaration and en forcement of laborers' and materialmen's liens; and for other purposes.
HB 286. By Mr. Greene of Crisp:
A Bill to amend an Act comprehensively and exhaustively superseding and revising the laws relating to the Game and Fish Commission; and for other purposes.
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following Bill of the House to wit:
HB 148. By Messrs. Moate of Hancock, Sheffield of Brooks and others:
A Bill to define the various penal offenses relating to the firing of woods; and for other purposes.
The Senate has adopted the report of the Committee on Conference on the following Bill of the Senate:
SB 19. By Senators Matthews of the 57th and Dean of the 40th:
A Bill to authorize the Commissioner of Agriculture to establish farmers' markets in this State; to authorize the Commissioner of Agri culture to make necessary rules and regulations to properly conduct such markets; and for other purposes.
The Senate has adopted the report of the Committee on Conference on the following Bill of the House:
HB 35. By Mr. Tarpley of Union and others: A Bill to create a Statewide Probation System; and for other purposes.
The Senate has agreed to the House amendment to the following Bill of the Senate:
WEDNESDAY, FEBRUARY 8, 1956
755
SB 46. By Senator Matthews of the 47th:
A Bill to regulate the sale of brake fluid; to provide a minimum standard and specification for brake fluid; and for other purposes.
By unanimous consent, the following Bills and Resolutions of the House were read the first time and referred to the Committees:
HB 533. By Messrs. Hardaway and Peters of Meriwether:
A Bill to be entitled an Act to amend an Act entitled an Act to pro vide for the compensation of the Chairman and members of the Board .. .; of Commissioners of Meriwether County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 534. By Mr. Lokey of Fulton:
A Bill to be entitled an Act to amend an Act providing that cities .hav ing a population of 150,000 or more, shall provide pensions for mem bers of the police department of such city, and for other purposes.
Referred to the Committee on Municipal Government.
HB 535. By Messrs. Lokey and H. Smith of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta; to authorize the Mayor and Board of Alder men to sell certain described property, and for other purposes.
Referred to the Committee on Municipal Government.
HB 536. By Mr. Lovey of Fulton:
A Bill to be entitled an Act to amend an Act 'providing thati cities having a population of more than 150,000 shall provide pensions for members of the fire department of such cities, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 537. By Mr. Lokey of Fulton:
A Bill to be entitled an Act to amend an Act entitled an Act for the Protection of the Pension rights of county employees, County School District Teachers and employees and employees of the largest city located in whole or in part in counties having a population of 300,000 or more; to provide pension credits for prior service with subdivisions of government; and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 538. By Mr. Barker of Heard:
A Bill to be entitled an Act to amend an Act relating to the regulation of the installation of warm air heating equipment, and for other purposes.
Referred to the Committee on Counties and County Matters.
756
JOURNAL OP THE HOUSE,
HB 539. By Mr. Truelove of White:
A Billto be entitled an Act to amend an Act incorporating the Town of Helen, so as to change the corporate limits; and for other purposes.
Referred to the Committee on Municipal Government.
HB 540. By Messrs. Sognier, Cheatham and Eyler of Chatham:
A Bill to be entitled an Act to amend the Charter of the Town of Thunderbolt and for other purposes.
HB 541. By Messrs. Wheeler of Seminole, Cowart of Calhoun and Baughman of Early:
A Bill to be entitled an Act to prohibit the practice of Massage, manipulation, or adjusting, in the treatment of human ills; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HB 542. By Messrs. Roughton of Washington, Smith of Emanuel, McCracken of Jefferson, Strickland of Toombs, and Lanier of Candler:
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 Special Judiciary.
HB 543. By Messrs. Murr of Sumter, Cornelius of Polk, Mincy of Ware, Bagby of Paulding, Chambers of Richmond and others:
A Bill to be entitled an Act to amend an Act which defines the juris diction 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 employees, health and welfare of railroad employees, and for other purposes.
Referred to the Committee on Public Utilities.
HB 544. By Messrs. H. Smith and Lokey of Fulton:
A Bill to be entitled an Act to amend an Act creating a Joint CityCounty Board of Tax Assessors in all counties having within its bor ders all or the greater part of the population of 300,000 or more, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 545. By Mr. Lokey of Fulton:
A Bill to be entitled an Act providing that cities having a population of more than 150,000, shall furnish pension to all officers and em ployees of such cities and providing a system of pensions, so as to re-open the pension fund; and for other purposes.
Referred to the Committee on Municipal Government.
WEDNESDAY, FEBRUARY 8, 1956
757
HB 546. By Messrs. Lam and Birdsong of Troup:
A Bill to be entitled an Act to incorporate and establish the City of North West Point, in the County of Troup, and for other purposes.
Referred to the Committee on Municipal Government.
HB 547. By Messrs. Sheffield of Brooks, Raulerson of Echols, Chastain and Willis of Thomas, Mathis and Register of Lowndes and Short of Colquitt:
A Bill to be entitled, an Act to provide for a supplement to the com pensation of the judge of the Superior Court of the Southern Judicial Circuit, and for other purposes.
Referred to the Committee on General Judiciary #1.
HB 548. By Mr. Parker of Appling:
A Bill to be entitled an Act to amend an Act establishing the City Court of Baxley, and for other purposes.
Referred to the Committee on Municipal Government.
HB 549. By Mr. Matthews of Clarke: A Bill to be entitled an Act to amend an Act creating the Georgia State Literature Commission, and for other purposes.
Referred to the Committee on Public Welfare.
HB 550. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A Bill to be entitled an Act to amend an Act to create a Civil Service Board in Fulton County, and to provide that the personal secretary and special bailiff or law clerk of the judges of the Superior and Criminal Courts of Fulton County shall not be in the classified service on the date of the approval of this Act, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 551. By Messrs. Mincy and Frier of Ware:
A Bill to be entitled an Act to provide that any political party primary for choosing nominees for county officers in Ware County shall be held on the same day that the State primary for such political party is held for choosing nominees for members of the General Assembly, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 552. By Mr. McWhorter of DeKalb:
A Bill to be entitled an Act and to be known as the "Georgia Food, Drug and Cosmetic Act"; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
758
JOURNAL OF THE HOUSE,
HB 553. By Mr. Wilson of Towns:
A Bill to be entitled an Act to amend, consolidate and supersede the several Acts incorporating the City of Hiawassee, in the County of Towns, and for other purposes.
Referred to the Committee on Municipal Government.
HB 554. By Messrs. Bodenhamer of Tift, Groover of Bibb, Willingham of Cobb, Twitty of Mitchell, Todd of Glascock, Lokey of Fulton and 39 others:
A Bill to be entitled an Act to require the study of Southern History
and Traditions in all grades of the public schools of Georgia; and for
other purposes.
,
Referred to the Committee on Education #1.
.
HB 555. By Mr. Jones of Lumpkin:
A Bill to be entitled an Act to authorize the governing authority of Lumpkin County to create and establish restricted zones or districts; and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 556. By Messrs. Willingham of Cobb, Chambers and Sanders of Richmond, , Bolton of Spalding, Sognier and Cheatham of Chatham:
A Bill to be entitled an Act to amend an Act relating to the qualifica tions of applicants to stand the State Bar Examination, and ,for other purposes.
Referred to the Committee on General Judiciary #1.
HB 557. By Mr. Musgrove of Clinch:
1
A Bill to be entitled an Act to provide that members of the county
Boards of Education in counties having a population of not less than
5,970 OT more than 6,008, shall be paid a per diem of twenty dollars per
day for actual services, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 558. By Messrs. Lam and Birdsong of Troup:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Hogansville; and for other purposes.
Referred to the Committee on Municipal Government.
HB 559. By Mr. Rodgers of Charlton:
A Bill to be entitled an Act to provide that members of the Board of Education in all counties having a population of not more than 4,950 and not less than 4,815, shall be paid the sum of $20.00 for each day's service, not to exceed forty dollars per month, and for other purposes.
Referred to the Committee on Counties and County Matters.
WEDNESDAY, FEBRUARY 8, 1956
759
HB 560. By Messrs. Houston and King of Whitfield, Stripling of Coweta, Caldwell and Mallory of Upson, Harrison of Wayne, Wheeler of Seminole and 58 others:
A Bill to be entitled an Act to provide for a change in the salaries of the officers, non-commissioned officers and troopers of the Uniform Division of the Department of Public Safety and the members of the Georgia Bureau of Investigation; and for other purposes.
Referred to the Committee on General Judiciary #2.
HB 561. By Messrs. Duke and Massee of Baldwin:
A Bill to be entitled an Act to amend an Act creating a system" of Juve nile Courts in this State, and fpr other purposes. ,
Referred to the Committee on Special Judiciary.
,.'.'
HR 202-561a. By Messrs. Groover of Bibb, Sheffield, of Brooks and Harrison of Wayne:
A Resolution authorizing Board of Trustees of Retirement and Annuity and Benefit Fund to invest in Georgia Real Estate and for other pur poses.
Referred to the Committee on Banks and Banking.
HR 203-561b. By Mr. Groover of Bibb: A Resolution to compensate Mr. Emil Kalock, and for other purposes.
Referred to the Committee on Special Appropriations.
HR 204-561c. By Messrs. Sanders, Holley and Chambers of Richmond:
A Resolution authorizing the establishing and leasing of port facilities in Richmond County, and for other purposes.
Referred to the Committee on Public Property.
HB 562. By Mr. Groover of Bibb:
"
A Bill to be entitled an Act to amend an- Act creating a Department of Public Safety, and for other purposes.
Referred to the Committee on State of Republic.
HB 563. By Mr. Groover of Bibb:
A Bill to be entitled an Act to continue the benefits of retirement funds and pension systems as to teachers and other school employees who shall accept employment in non-sectarian private schools, and for other purposes.
Referred to the Committee on State of'Republic. ' '
760
JOURNAL OP THE HOUSE,
HB 564. By Messrs. Groover and Gar-lisle of Bibb:
A Bill to be entitled an Act to amend an Act entitled An Act to re-enact the charter of the City of Macon, and for other purposes.
Referred to the Committee on Municipal Government.
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 Senate and has instructed me as Chairman, to report the same back to the House with the following recom mendations :
HR 166-477c. Do Pass.
HR 186-531a. Do Pass.
HR 199-531n. Do Pass.
,
:
HR 201-531p. Do Pass.
SR 21. Do Pass.
SR 36. Do Pass.
,
SR 32. Do Pass.
SR 33. Do Pass.
Respectfully submitted,
Freeman of Monroe,
Chairman.
Mr. Coker of Cherokee County, Chairman of the Committee on Appropri ations, submitted the following report:
Mr. Speaker:
Your Committee on Appropriations has had under consideration the follow ing Bill of the House and has instructed me as Chairman to report the same back to the House with the following recommendation:
HB 243. Do Pass, as amended. Respectfully submitted, Coker of Cherokee,
Chairman.
Mr. Stephens of Clarke County, Chairman of the Committee on Banks and Banking, submitted the following report:
WEDNESDAY, FEBRUARY 8, 1956
761
Mr. Speaker: Your Committee on Banks and Banking has had under consideration the fol
lowing Bills of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 5. Do Pass, by substitute, as amended.
SB 30. Do Pass, as amended.
Respectfully submitted, Stephens of Clarke,
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 124. Do Pass. HB 244. Do Pass. HB 245; Do Pass. HB 246. 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 considera tion the following Bills of the House and Senate and has instructed me as Chair man, to report the same back to the House with the following recommendations:
HB 496. Do Pass, by substitute. HB 491. Do Pass. HB 505. Do Pass. HB 495. Do Pass. HB 418. Do Pass, by substitute. HB 519. Do Pass. HB 504. Do Pass. HB 526. Do Pass.
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JOURNAL OF THE HOUSE,
HB 517. Do Pass. ' HB 515. Do Pass.
HB 487. Do Pass. HB 524. Do Pass. HB 510. Do Pass. HB 507. Do Pass. HB 490. Do Pass. HB 498. Do Pass. SB 121. 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 Bills of the House and has instructed me as Chairman, to report the 'same back to the House with the following recommendations:
HB 328. Do Pass, as amended.
HB 338. Do Pass.
HB 493. Do Pass.
Respectfully submitted,
Cocke'of Terrell,
Chairman.
Mr. Jackson of Jones County, Chairman of the Committee on Georgia State
Sanitarium, submitted the fallowing 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 474. Do Pass.
Respectfully submitted,
Jackson of Jones,
Chairman.
Mr. Scoggin of Floyd County, Chairman of the Committee on General Ju diciary #1, submitted the following report:
WEDNESDAY, FEBRUARY 8, 1956
763
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 352. Do Pass. HB 448. Do Pass. SB 60. Do Pass. SB 61. Do Pass, as amended.
Respectfully submitted, Scoggin of Ployd, 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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendation:
SB 32. Do Pass.
Respectfully submitted,
Mashburn of Forsyth,
Chairman.
Mr. Jones of Lumpkin County, Chairman of the Committee on Motor Ve hicles, submitted the following report:
Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the follow ing Bills of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 450. Do Pass.
SB 45. 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
764
JOURNAL OP THE HOUSE,
following Bills of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 68. Do Pass. SB 91. Do Pass. HB 341. Do Pass. HB 523. Do Pass. HB 256. Do Pass. HB 316. Do Pass. HB 317. Do Pass. HB 528. Do Pass. HB 492. Do Pass, as amended. HB 499. Do Pass. HB 520. Do Pass. HB 506. Do Pass. HB 480. Do Pass. HB 521. Do Pass. HB 516. Do Pass. HB 518. Do Pass. HB 444. Do Pass. HB 488. Do Pass. HB 500. Do Pass. HB 497. Do Pass. HB 469. Do Pass. HB 489. Do Pass. HB 527. Do Pass. HB 494. Do Pass. HB 513. Do Pass. HB 512. Do Pass. HB 508. Do Pass.
Respectfully submitted, Hoke Smith of Fulton,
Chairman.
Mr. Barber of Colquitt, County, Chairman of the Committee on Special Ap propriations, submitted the following report':
WEDNESDAY, FEBRUARY 8, 1956
765
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 165-477b. Do Pass.
Respectfully submitted,
Barber of Colquitt,
Chairman.
Mr. Sheffield of Brooks County, Vice-Chairman of the Committee on State of Republic, submitted the following report: Mr. Speaker:
Your Committee on State of Republic has had under consideration the fol lowing Bills and Resolutions of the House and Senate and has instructed me as Vice-Chairman, to report the same back to the House with the following recom mendations :
HB 205. Do Pass. HB 529. Do Pass. HR 187-531b. Do Pass. HR 190-531e. Do Pass. HR 192-531g. Do Pass. HR 193-531h. Do Pass. HR 194-531L Do Pass.. HB 531. Do Pass. SB 33. Do Pass. SB 81. Do Pass. HB 525. Do Pass, as amended. HB 486. Do Pass. HB 485. Do Pass. SB 15. Do Pass.
Respectfully submitted, Sheffield of Brooks, Vice-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-
766
JOURNAL OF THE HOUSE,
lowing Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 511. Do Pass. HB 61. Do Pass. HB 80. Do Pass. HB 502. Do Pass. HB 46. 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 46. By Messrs. Hayes and Tanner of Coffee and Dean of Bacon:
A Bill to be entitled an Act to amend an Act imposing a tax on the sale, use or other disposition of little cigars, cigars and cigarettes within this State, and for other purposes.
HB 61. By Mr. Deen of Bacon:
A Bill to be entitled an Act to amend an Act imposing a tax on the sale, use or other disposition of little cigars, cigars and cigarettes within this State, so as to change the tax upon cigarettes; and for other pur poses.
HB 205. By Messrs. Kennedy of Turner, Foster of Clayton, Cloud of Decatur, Blalock of Clayton, Pettey of Pulaski, Murphey of Crawford and others:
A Bill to be entitled an Act to amend an Act relating to the applicability of the real estate licensing law, so as to provide that such law shall be statewide in application; and for other purposes.
HB 256. By Messrs. Lokey and H. Smith of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, relating to elections, and for other purposes.
HB 316. 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 College Park, and for other purposes.
Referred to the Committee on Municipal Government.
HB 317. 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 College Park, and for other purposes.
WEDNESDAY, FEBRUARY 8, 1956
767
HB 338. By Messrs. Young, Nilan and Pickard of Muscogee:
A Bill to be entitled an Act to repeal an Act relating to carrying a pistol without a license, and for other purposes.
HB 341. 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 carry into effect in the City of Atlanta the provisions of an amendment to the Constitution relating to the abolition of Justice Courts and the Office of Justice of the Peace in certain cities; and for other purposes.
HB 352. By Messrs. Bentley of Cobb, M. Smith of Fulton and Scoggin of Floyd:
A Bill to be entitled an Act to amend an Act entitled An Act to amend and revise the adoption laws now set forth in Chapter 74-4 of the Code of Georgia of 1933; and for other purposes.
HB 418. By Messrs. H. Sinith, M. Smith and Lokey of Fulton:
A Bill to be entitled an Act to fix the salary of the Clerk of the Superior Court of Fulton*County; to make the effective date of this Act January 1, 1956, and for other purposes.
HB 444. By Mr. Russell of Barrow:
A Bill to be entitled an Act to amend an Act creating a new charter, for the Town of Auburn, and for other purposes.
HB 448. By Messrs. Matthews of Clarke and Bolton of Spalding:
A Bill to be entitled an Act to amend an Act relating to the relief of disabilities, so as to provide that the notice of application to remove disabilities shall be published once a week for four weeks next preceding the term of court at which the marital disabilities are removed, and for other purposes.
SR 21. By Senator Millican of the 52nd:
A Resolution proposing an amendment to the Constitution so as to authorize the issuance of revenue anticipation certificates, and for other purposes.
SR 32. By Senator Page of the 1st:
A Resolution proposing an amendment to the Constitution so as to authorize the Governing Authority of Chatham County to expend county funds for the purpose of eradicating mosquitoes; and for other purposes.
SR 33. By Senator Page of the 1st:
A Resolution proposing an amendment to the Constitution so as to create additional industrial areas in the County of Chatham, and for other purposes.
768
JOURNAL OF THE HOUSE,
SR 36. By Senator Raulerson of the 46th:
A Resolution proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of Pierce County by districts; and for other purposes.
HB 469. By Messrs. H. 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, providing that the said Act shall apply to municipalities having a population of 300,000 or more, and for other purposes.
HB 480. By Mr. Barber of Jackson:
A Bill to be entitled an Act to amend an Act establishing the City Court of Jefferson so as to provide the raising of salaries of the Judge and Solicitor of the City Court, and for other purposes.
HB 485. By Messrs. Moate of Hancock, Groover of Bibb, Key of Jasper, Brannen of Dooly, Ray of Warren, Twitty of Mitchell and many others:
A Bill to be entitled an Act to amend an Act providing a uniform method of fixing, limiting, and restricting the salary, allowances and travel expense of certain state officials, and for other purposes.
HB 487. By Mr. Smith of Evans:
A Bill to be entitled an Act to amend an Act establishing the City Court of Claxton, and for other purposes.
HB 488. By Mr. Russell of Barrow:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Winder, Georgia, so as to provide and confer upon the City of Winder the right, power and authority to establish, provide and maintain through cadastral survey, a field book system for real property identifications and evaluations, and for other purposes.
HB 486. By Messrs. Moate of Hancock, Groover of Bibb, Key of Jasper, Brannen of Dooly, Ray of Warren, Twitty of Mitchell and many others:
A Bill to be entitled an Act to amend an Act relating to the salary of the Commissioner of Agriculture, and for other purposes.
HB 489. By Mr. Russell of Barrow:
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 Winder, and for other purposes.
HB 490. By Mr. Killingsworth of Clay:
A Bill to be entitled an Act to extend the jurisdiction of the Court of Ordinary of the County of Clay, and for other purposes.
WEDNESDAY, FEBRUARY 8, 1956
769
HB 491. By Messrs. H. Smith, Lokey 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 of said county, and for other purposes.
HB 492. By Mr. Russell of Barrow:
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 Winder, so as to enlarge the corporate limits of the City of Winder, and for other purposes.
HB 493. By Messrs. Alien and Fordham of Bulloch, Hawkins of Screven and Smith of Emanuel:
A Bill to be entitled an Act to amend an Act comprehensively and ex haustively superseding and revising the laws relating to the Game and Fish Commission and to game and fish, and for other purposes.
HB 494. By Messrs. Chambers, Holley and Sanders of Richmond:
A Bill to be entitled an Apt vesting in the City Council of Augusta power and authority to sell and convey by warranty deed executed by the Mayor and Clerk of Council to Sears, Roebuck & Company for $377,250.00, the fee simple title to all that tract or parcel of land in the City of Augusta on the North-east corner of Walton Way and Fifteenth St., and for other purposes.
HB 495. By Messrs. Hoke Smith, M. Smith and Lokey of Fulton:
A Bill to be entitled an Act to amend an Act entitled An Act to provide for a Budget in all counties of this state having a population of two hundred thousand, so as to increase the reserve permitted under the Act of 1955, and to authorize the sale of industrial property without advertisement; and for other purposes.
HB 496. By Mr. Jordan of Wheeler:
A Bill to be entitled an Act to create additional compensation for the Sheriff of Wheeler County; and for other purposes.
HB 497. By Mr. Fain of Franklin:
A Bill to be entitled an Act to amend an Act incorporating the City of Franklin Springs, and for other purposes.
HB 498. By Mr. Jordan of Wheeler:
A Bill to be entitled an Act to amend an Act creating the offices of Tax Collector, Tax Receiver and County Treasurer of the County of Wheeler, and for other purposes.
HB 499. 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.
770
JOURNAL OF THE HOUSE,
HB 500. 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, by providing that the retirement benefits payable to employees who re tired before amendment of Feb. 25, 1943 shall be computed on the same basis as those after same, and for other purposes.
HB 502. By Messrs. Eyler, and Sognier of Chatham:
A Bill to be entitled an Act to amend an Act relating to violation of the law by Billiard Room Licenses, and for other purposes.
HB 504. 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 supple ment the salaries of the Judges of the Superior Court of Fulton County as paid by the State, and for other purposes.
HB 505. 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 for a budget in all counties in this having a population of two hundred thousand or more, so as to increase the reserve permitted under the Act of 1955 and to authorize the sale of industrial property without advertisement; and for other purposes.
HB 506. By Messrs. Register and Mathis of Lowndes:
An Act to amend the charter of the City of Valdosta; to alter, relocate and redefine the corporate limits of said city, and for other purposes.
HB 507. By Messrs. Register and Mathis of Lowndes:
A Bill to be entitled an Act to amend an Act providing for the regulation of the installation of Warm Air Heating equipment in certain counties, and for other purposes.
HB 508. By Mr. Land of Wilkinson:
A Bill to be entitled an Act to repeal an Act entitled An Act to In corporate the Town of Allentown, and for other purposes.
HB 510. By Mr. Rodgers of Charlton:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for the County of Charlton, and for other purposes.
HB 511. By Messrs. Duke and Massee of Baldwin:
A Bill to be entitled an Act to amend an Act to provide for homestead exemption from certain taxation, and for other purposes.
WEDNESDAY, FEBRUARY 8, 1956
771
HB 512. By Mr. Murphy of Haralson:
A Bill to be entitled an Act to authorize the governing authority of the City of Bremen, to levy an additional tax for educational purposes, and for other purposes.
HB 513. By Messrs. Duncan and Perkins of Carroll:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Whitesburg, and for other purposes.
HB 515. By Mr. Hendrix of Long:
A Bill to be entitled an Act to amend an Act entitled An Act to provide that the Ordinary of Long County shall receive $50.00 per month in addition to fees; and for other purposes.
HB 516. By Mr. Roughton of Washington:
A Bill to be entitled an Act to amend an Act creating the City charter of Sandersville, and for other purposes.
HB 517. By Messrs. Matthews and Stephens of Clarke:
A Bill to be entitled an Act to amend an Act relating to Clarke County Fire, Sanitation, and Sewerage Districts, so as to extend the AtlantaAthens Highway District; and for other purposes.
HB 518. By Messrs. Kelley and Kilgore of Gwinnett:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Lawrenceville, and for other purposes.
HB 519. By Messrs. Perkins and Duncan of Carroll:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues for Carroll County; and for other purposes.
HB 520. By Messrs. Duncan and Perkins of Carroll:
A Bill to be entitled an Act to amend an Act establishing the City Court of Carrollton, and for other purposes.
HB 521. By Messrs. Perkins and Duncan of Carroll:
A Bill to be entitled an Act to amend an Act creating the City Court of Carrollton, and for other purposes.
HB 523. 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 estab lish the criminal court of Atlanta, so as to increase and fix the annual salaries of the Judges of said criminal Court of Fulton County, and for other purposes.
772
JOURNAL OF THE HOUSE,
HB 524. By Messrs. Lindsey and Bolton of Spalding:
A Bill to be entitled an Act to provide that the Board of Commissioners of Roads and Revenues of Spalding County shall be the agency to co operate with the Georgia Agricultural Extension Service in the em ployment of the County Agricultural Agent and the County Home Dem onstration Agent, and for other purposes.
HB 525. By Messrs. Moate of Hancock, Groover of Bibb, Odom of Camden, Bar ber of Colquitt, Duke of Baldwin, Sheffield of Brooks and many others:
A Bill to be entitled an Act to provide that candidates for membership in the General Assembly of Georgia may run either in a county primary or a State primary; and for other purposes.
HB 526. By Messrs. Lam and Birdsong of Troup:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Troup County, and for other purposes.
HB 527. By Messrs. Barber and Short of Colquitt:
A Bill to be entitled an Act to amend the charter of the City of Moultrie, to extend the present corporate limits of said City; and for other pur poses.
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 Town of Acworth, and for other purposes.
HB 529. By Messrs. Groover of Bibb, Lavender of Elbert, Blalock of Clayton, Coker of Cherokee and Chastain of Thomas:
A Bill to be entitled an Act to create a State Property Insurance Fund: to provide for a Board to administer said fund; to provide for insurance and/or co-insurance of State Property by said fund, and for other purposes.
HB 531. By Messrs. Groover of Bibb, Blalock of Clayton, Coker of Cherokee and Chastain of Thomas:
A Bill to be entitled an Act to amend an Act relating to the distribution of laws, journals and reports to the Courts, so as to provide that laws, journals and reports distributed to the counties shall remain the prop erty of the State, and for other purposes.
HR 165-477b. By Mr. 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 .
HR 186-531a. By Messrs. H. Smith, M. Smith and Lokey of Fulton: A Resolution proposing to the qualified voters an amendment to the
WEDNESDAY, FEBRUARY 8, 1956
773
Constitution to create a new court or system of courts in and for each city having a population of more than 300,000, and for other purposes.
HR 187-531b. By Messrs. Groover, of Bibb, Blalock of Clayton, Coker of Cherokee and Chastain of Thomas:
A Resolution directing the State Board of Corrections to study the recommendations of the Legislative Economy Committee as to institution of a Prison Industries Program, and for other purposes.
HR 190-531e. By Messrs. Groover of Bibb, Blalock of Clayton, Coker of Cherokee and Chastain of Thomas:
A Resolution to recommend that the State discontinue the building of cabins at State Parks, and for other purposes.
HR 194-531L By Messrs. Groover of Bibb, Coker of Cherokee and Chastain of Thomas:
A Resolution to provide for a detailed study of the advisability of the State establishing a printing office; and for other purposes.
HR 192-531g. By Messrs. Groover of Bibb, Blalock of Clayton, Coker of Cherokee and Chastain of Thomas:
A Resolution to authorize and direct the Secretary of State to make a Study of the expense of microfilming State Records, and for other purposes.
HR 193-531h. By Messrs. Groover of Bibb and Coker of Cherokee and Chastain of Thomas:
A Resolution to provide for the inspection of fertilizer at Plants wher ever possible, and for other purposes.
HR 199-531n. By Messrs. Jones and Hogan of Laurens:
A Resolution proposing an amendment so as to authorize the Town of Dudley, in Laurens 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 Town of Dudley, and for other purposes.
HR 201-531p. By Mr. Sheffield of Brooks:
A Resolution proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of Brooks County, and for other purposes.
SB 30. By Senator Lambert of the 28th:
A Bill to be entitled an Act to provide for the prohibition of the owning, controlling or holding by certain companies of more than 15% of voting stock of banks as defined therein and of bank holding companies as defined therein, and for other purposes.
774
JOURNAL OF THE HOUSE,
SB 15. By Senators Dean of the 40th, Matthews of the 47th and Chance of the 51st:
A Bill to be entitled an Act to regulate the sale of coal, coke, and charcoal; and for other purposes.
SB 32. By Senator Overby of the 33rd:
A Bill to be entitled an Act to regulate the sanitary conditions of meat, poultry and dairy processing plants; and for other purposes.
SB 33. By Senator Hollis of the 24th:
A Bill to be entitled an Act to provide for the continuance of cases pending in the courts of this State in which the Attorney General is of counsel when the Attorney General and his staff are occupied in aid of the business of the General Assembly, and for other purposes.
SB 45. By Senators Wilkins of the 44th, Matthews of the 47th, Dean of the 40th and Jones of the 23rd:
A Bill to be entitled an Act to make it unlawful to park or leave un attended any vehicle upon the right-of-way of any State Highway for over forty-eight hours, and for other purposes.
SB 60. By Senator Shurling of the 21st:
A Bill to be entitled an Act to amend an Act relating to counties, so as to require a performance bond in favor of the State or county or municipal corporation or other public board or body and further to re quire a payment bond for the use of laborers and materialmen, sub contractors and laborers and materialmen of subcontractors; and for other purposes.
SB 61. By Senator Shurling of the 21st:
A Bill to be entitled an Act to amend an Act relating to mortgages, conveyances to secure debt and liens so as to establish liens in favor of subcontractors and in favor of mechanics and materialmen; and for other purposes.
SB 68. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act providing for ballots in elections other than primary elections, by adding a proviso applicable to municipal elections in certain cities; and for other purposes.
SB 81. By Senators Hollis of the 24th and Overby of the 33rd:
A Bill to be entitled an Act to declare void any Judicial action by any Court of this State in any matter in which the State of Georgia or an Official of the State of Georgia, in his official capacity, is a party defendant, and for other purposes.
WEDNESDAY, FEBRUARY 8, 1956
775
SB 91. By Senators Millican of the 52nd, Turner of the 34th:
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 121. By Senator Matthews of the 47th:
A Bill to be entitled an Act to amend an Act entitled An Act to create a Board of Commissioners of Colquitt County; and for other purposes.
By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:
HB 432. By Mr. Parker of Appling:
A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Baxley; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 103, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 439. By Messrs. Murr and Jones of Sumter:
A Bill to be entitled an Act to fix the compensation of the Chairmen and the members of the Board of Education of all counties of this State having a population of not less than 24,200 and not more than 24,300 according to the United States census of 1950, or any future United States census; and for other purposes.
The report 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 440. By Messrs. Murr and Jones of Sumter:
A Bill to be entitled an Act to authorize the governing authority of Sumter County to create and establish restricted zones or districts; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
776
JOURNAL OF THE HOUSE,
HB 441. By Messrs. Murr and Jones of Sumter:
A Bill to be entitled an Act to authorize the Mayor and City Council of the City of Americus to advertise and promote the agricultural, indus trial, historic, and recreational and natural resources of the State of Georgia; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 106, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 443. By Messrs. Potts and Stripling of Coweta:
A Bill to be entitled an Act to amend an Act relating to the regulation of the installation of warm air heating equipment; to create a board to examine heating contractors; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 107, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 445. 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 in the County of Houston; and for other purposes.
The report 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 452. By Mr. Pettey of Pulaski:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues of Pulaski County; and for other purposes.
The report 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.
WEDNESDAY, FEBRUARY 8, 1956
777
HB 453. By Mr. Singer of Stewart:
A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Richland; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 458. By Messrs. Mackay, Rutland, and McWhorter of DeKalb: A Bill to be entitled an Act to repeal an Act to create and establish the City Court of Decatur; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 460. By Messrs. Mackay, Rutland, and McWhorter of DeKalb: A Bill to be entitled an Act to amend an Act creating the Civil Court of DeKalb County; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 461. By Messrs. Rutland, Mackay and McWhorter of DeKalb: A Bill to be entitled an Act to amend an Act to create and establish the City Court of Decatur; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 113, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 462. By Messrs. Rutland, Mackay, and McWhorter of DeKalb:
A Bill to be entitled an Act to amend an Act of the General Assembly of Georgia providing for the appointment of special Criminal Baliffs
778
JOURNAL OF THE HOUSE,
in the counties having a population of twenty thousand, or more; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 463. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act establishing the City of Avondale Estates; and for other purposes.
The report 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 464. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A Bill to be entitled an Act to amend the Charter of the City of Stone Mountain; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 465. By Mr. Bagby of Paulding:
A Bill to be entitled an Act to amend, consolidate and supersede the several Acts incorporating the City of Dallas in the Cpunty of Paulding; and for other purposes.
The report 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 466. By Mr. Stewart of Fen Hill:
A Bill to be entitled an Act to amend the charter of the City of Fitz gerald; and for other purposes.
WEDNESDAY, FEBRUARY 8, 1956
779
The report 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 468. By Mr. Edenfield of Mclntosh:
A Bill to be entitled an Act to amend an Act relating to the regulation of the installation of warm air heating equipment; to create a board to examine heating contractors; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 119, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 483. By Messsr. Murr and Jones of Sumter: A Bill to be entitled an Act relative to zoning and planning for the City of Americus and Sumter County; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 41. By Senators Harrison of the 17th, Jones of the 18th and Jones of the 23rd:
A Bill to be entitled an Act to amend an Act to incorporate the Baptist Church at Buck Head, in the County of Burke; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 121, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 87. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act creating a Joint CityCounty Board of Tax Assessors in all counties having within its borders all or the greater part of the population of 300,000 or more; so as to provide compensation for the members of said Board; and for other purposes.
780
JOURNAL OF THE HOUSE,
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 123, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 85. By Senator Matthews of the 47th:
A Bill to be entitled an Act to consolidate the offices of Tax Receiver and Tax Collector of Colquitt County into the office of Tax Commis sioner; and for other purposes.
The report 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 124. By Messrs. McWhorter, Rutland and Mackay of DeKalb:
A Bill to be entitled an Act to amend, revise, supersede, and consolidate the laws pertaining to the governing authority of DeKalb, Georgia; to create a Chairman and Board of Commissioners of Roads and Revenues for DeKalb County; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 103, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 244. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A Bill to be entitled an Act to enable DeKalb County to establish a planning commission and to enable the several municipalities lying wholly within the limits of DeKalb county to establish joint planning commissions with the county; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 104, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 245. By Messrs. Rutland, McWhorter, and Mackay of DeKalb:
A Bill to be entitled an Act to amend an Act to create and establish in DeKalb County districts which the members of the County Board of
WEDNESDAY, FEBRUARY 8, 1956
781
Education of DeKalb County, shall be elected by the voters of such districts; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 246. By Messrs. McWhorter, Rutland, and Mackay of DeKalb:
A Bill to be entitled an Act to fix, prescribe and establish compensation and/or salaries of the effective county officials of and in the court of DeKalb County; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 106, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the Committees:
SB 48. By Senator Matthews of the 47th:
A Bill to be entitled an Act to amend an Act establishing a retirement for certain teachers in the public and State supported schools, rela tive to receiving the equivalent of a service retirement allowance, if a member has 35 years of service, and for other purposes.
Referred to the Committee on Education #1.
SB 101. By Senators Harden of the 27th and Coffin of the llth:
A Bill to be entitled an Act to create the Georgia Board of Landscape Architects; and for other purposes.
Referred to the Committee on General Agriculture #1.
SB 122. By Senator Hollis of the 24th:
A Bill to be entitled an Act to amend the Charter of the City of Co lumbus and for other purposes.
Referred to the Committee on Municipal Government.
SR 34. By Senator Millican of the 52nd:
A Resolution creating a committee to study the advisability of (1) confirming the Georgia Income Tax Laws as nearly as practicable to the Federal Income Tax Law with respect to the determination and classi-
782
JOURNAL OF THE HOUSE,
fication of a taxable net income, and (2) of providing for a State in come tax withholding system; and for other purposes.
Referred to the Committee on State of Republic.
Under the regular order of business, the following Bill and Resolution of the House were taken up for consideration and read the third time:
HR 185. By Messrs. Moate of Hancock, Groover of Bibb, Drinkard of Lincoln, Fowler of Douglas and Sheffield of Brooks:
A Resolution to declare the Supreme Court decisions of May 17, 1954 and May 31, 1955 in the school segregation cases and all similar de cisions by the Supreme Court null, void and of no effect; and for other purposes.
An amendment offered by Mr. Reed of Cobb was read and lost.
Mr. Smith of Emanuel moved the previous question and the call was sustained.
The main question was ordered.
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, 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 Alien Ayers Bagby Barber of Colquitt Barber of Jackson Barker Baughman Birdsong Black Blackburn Blalock Bloodworth Bodenhamer Bolton Brannen Brown Caldwell Callier Campbell Carlisle
Cason Gates Chambers Chastain Cheek Clary Cloud Coker of Cherokee Coker of Walker Cornelius Cowart Coxwell Deal Dean of Rockdale Deen of Bacon Denmark Denson Dozier Drinkard Duke Duncan
English Eyler 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 Hall Hardaway
WEDNESDAY, FEBRUARY 8, 1956
783
Harrison of Jeff Davis Harrison of Wayne Hawkins Hayes Henderson Hendrix Hodges Hogan Holley Houston Huddleston Hudson Hurst Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Worth Jones of Lumpkin Jones of Laurens Jones of Sumter Kelley Kennedy of Turner Kennedy of Tattnall Key Kilgore Killian Killings-worth King of Whitfield King of Chattahoochee King of Pike Kitchens Lam Land Lanier Larkins Lavender Lindsey Long Love
Lowe
Mallory
Martin
Massee
Matheson of Hart
Mathis of Lowndes
Matthews
Mauldin
McGarity
McKelvey
McWhorter
Mfncy
Mobley
Moore
Mull
Murphey of Crawford
Murphy of Haralson
Murr
Musgrove
Nightingale
-
Nilan
Odom
Palmer
Parker
Peacock
Pelham
Peters
Pettey
Phillips of Columbia
Phillips of Walton
Pickard
Potts
Ramsey
Raulerson
Ray
Reed
Register
Rodgers
Roughton
Rowland
Ruark Rutland Sanders Sheffield Short Singer Smith of Evans Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton Sognier Souter Stephens of Clarke Stevens of Marion Stewart Strickland Stripling Tamplin Tarpley Todd Truelove Turk Twitty Underwood of Bartow Underwood of
Montgomery Veal Watson Weems Williams Willingham Willis Wilson of Towns Wilson of Peach Wooten Wright Young
Voting in the negative was Mr. Lokey.
On the adoption of the Resolution, the ayes were 179, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted.
The Resolution was ordered immediately transmitted to the Senate.
Mr. Bentley of Cobb requested that the Journal show that he would have voted for HR 185 had he not been called to the telephone.
784
JOURNAL OP THE HOUSE,
HB 473. By Messrs. Harrison of Jeff Davis, Underwood of Montgomery, Ray of Warren, Gillis of Treutlen, Jones of Lumpkin, and Jordan of Wheeler:
A Bill to be entitled an Act to amend an Act creating the Minimum Foundation Program of Education in Georgia; and for other purposes.
The following amendment was read and adopted:
Mr. Nightingale of Glynn moves to amend HB 473 by striking the words "a majority" wherever they occur in said Bill and substituting in lieu thereof the words "three-fourths".
Mr. Harrison of Wayne moved the previous question and the call was sustained.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, the Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Bagby Barber of Colquitt Barber of Jackson Blalock Bolton Campbell Carlisle Cason Gates Chambers Cheatham Coker of Cherokee Coker of Walker Cornelius Coxwell Dean of Rockdale Drinkard Duke Duncan Edenfield English Eyler Foster Fowler of Douglas Frier Garrard Gilleland Gillis
Greene of Crisp Gunter Hardaway Harrison of Jeff Davis Harrison of Wayne Holley Houston Huddleston Hudson Hurst Ivey Jessup Jones of Lumpkin Kelley Kennedy of Turner Kennedy of Tattnall Key Kilgore Killingsworth King of Whitfield King of Chattahoochee Kitchens Larkins Lavender Lindsey Lokey Long Martin
Mashburn Massee Matthews McGarity McKelvey Mincy Mobley Murphy of Haralson Musgrove Nilan Parker Peacock Pelham Peters Pettey Phillips of Columbia
Pickard Ramsey Raulerson
Ray Reed Rodgers Roughton Russell Sanders Sheffield
Sivell Smith of Evans
WEDNESDAY, FEBRUARY 8, 1956
785
Smith of Emanuel Hoke Smith of Fulton Sognier Souter Strickland
Todd Twitty Underwood of Bartow Underwood of
Montgomery
Williams Willingham Wilson of Peach Wooten
Those voting in the negative were Messrs.:
Adams Ayers Barker Baughman Black Blackburn Bloodworth Bodenhamer Brannen Brown Callier Cheek Cowart Deal Deen of Bacon Denson Dozier Floyd Flynt Fowler of Tift Freeman Green of Rabun
Grimsley
Gross of Stephens Gross of Dade Hall Hawkins Hayes Henderson Hogan Jackson Johnson of Gilmer Jones of Laurens Jones of Sumter Killian King of Pike Land Lanier Love Lowe Mackay Matheson of Hart Mathis of Lowndes McWhorter
Moore Mull Murphey of Crawford Murr Nightingale Palmer Potts Register Rowland Ruark Rutland Stephens of Clarke Stripling Tamplin Tarpley Turk Veal Weems Wheeler
Wilson of Towns Young
On the passage of the Bill, as amended, the ayes were 97, nays 65.
The Bill, having failed to receive the requisite constitutional majority, was lost.
Mr. Willingham of Cobb gave notice that at the proper time he would move that the House reconsider its action in failing to pass HB 473.
Under the regular order of business, the following Bill of the House was again taken up for consideration:
HB 379. By Messrs. Blalock and Foster of Clayton:
A Bill to be entitled an Act to create a new Judicial Circuit for the State of Georgia, to be known as the Clayton Judicial Circuit; and for other purposes.
The following amendment was read and adopted:
Messrs. Foster and Blalock of Clayton moves to amend HB 379 as follows:
By striking the figure "$7,000.00" in Section 2, and inserting in lieu thereof the figure "$5,000.00".
786
JOURNAL OF THE HOUSE,
The previous question was ordered.
The main question was ordered.
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. Blalock of Clayton 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.:
Bagby Barber of Colquitt Barber of Jackson Barker Baughman Bentley Blackburn Blalock Bloodworth Bodenhamer Bolton Brannen Brown Callier Campbell Carlisle Cason Gates Chambers Chastain Cheatham Coker of Cherokee Coker of Walker Cowart Deal Dean of Rockdale Deen of Bacon Denmark Denson Drinkard Duke Duncan English Eyler Ployd Foster Fowler of Douglas Fowler of Tift Freeman Green of Rabun
Greene of Crisp Groover Gross of Stephens Gross of Dade Hardaway Harrison of Jeff Davis Harrison of Wayne Hawkins Hendrix Holley Houston Huddleston Hudson Ivey Jessup Johnson of Jenkins Johnson of Gilmer Jones of Worth Jones of Lumpkin Jones of Sumter Kennedy of Turner Kennedy of Tattnall
Key Killian King of Whitfield King of Chattahoochee Kitchens Land Lanier Larkins Lavender Lindsey Lokey Long Love Lowe Mackay Martin Massee Matheson of Hart
Matthews McGarity McWhorter Mobley Mull Murphy of Haralson Murr Nilan Odom Palmer Parker Peters Phillips of Columbia Pickard Potts Ramsey Raulerson
Ray Reed Register Rowland Ruark Russell Rutland Sanders Sheffield Smith of Evans Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton
Sognier Souter Stephens Stewart Strickland Stripling Tamplin Turk Underwood of Bartow
WEDNESDAY, FEBRUARY 8, 1956
787
Underwood of Montgomery
Watson
Weems Wheeler Willingham
Wooten Young
Those voting in the negative were Messrs.:
Ayers Cheek Coxwell Gilleland
Grimsley Gunter Hayes Henderson
Jackson Moore Pelham Sivell
On the passage of the Bill, as amended, the ayes were 126, nays 12.
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 243. By Messrs. Moate of Hancock, Groover of Bibb, Willingham of Cobb, Coker of Cherokee, and Sheffield of Brooks:
A Bill to be entitled an Act to make General Appropriations to pay the costs of operating the State Government for the ensuing fiscal year, and for other purposes.
The Speaker announced the House recessed until 1:30 P. M., this afternoon.
AFTERNOON SESSION
1:30 o'clock, P. M.
The Speaker called the House to order.
Further consideration of HB 243 was resumed.
The Speaker resolved the House into the Committee of the Whole House to consider HB 243, and designated Mr. Smith of Emanuel as the Chairman thereof.
The Committee of the Whole House arose and through its Chairman, reported HB 243 back to the House with the recommendation that the same do pass, as amended.
The following Committee amendments to HB 243 were read:
(1) The Committee moves to amend Section 7 of HB 243 by strik ing at the end of the first proviso thereunder the words "which shall not be subject to reduction under the provisions of Section 48 of this Act." and substitute in lieu thereof the words "this amount of appro priation for capital outlay purposes shall not be subject to reduction under any provisions of this Act."
788
JOURNAL OF THE HOUSE,
(2) The Committee moves to amend Section 8 (a) of HB 243 by striking the figures "$25,000.00" in the first paragraph and inserting in lieu thereof the figures "$40,000.00".
(3) The Committee moves to amend Section 8 (a) of HB 243 by striking the figures "$16,100,000.00" and in lieu thereof inserting the figures "$17,100,000.00"; and by inserting thereafter the words, "Pro vided, however, that the Board of Regents shall allocate $100,000.00 out of the aforesaid sum to the Director of the College of Agriculture Ex periment Stations for the express purpose of conducting research on poultry diseases."
(4) The Committee moves to amend HB 243 by deleting Section 20 in its entirety.
(5) The Committee moves to amend HB 243 by adding to Section 22 the words "Industrial Loan Commissioner".
(6) The Committee moves to amend HB 243 by adding a new section immediately following Section 33 of the regular appropriations to be known as Section 33 (a) and to read as follows:
"SECTION 33(a). Statewide Probation System to be admin istered by a State Board of Probation--For the cost of operating aforesaid Board and System._^._.._____..__....................._.___..$250,000.00"
(7) The Committee moves to amend HB 243 by adding a new section immediately following Section 46 of the regular appropriations to be known as Section 46 (a) and to read as follows:
"SECTION 46 (a). Georgia Waterways Commission--For the cost of operation .........____-___.___..___..........._.___....___._._................$5,000.00"
(8) The Committee moves to amend HB 243, Section 49 (c) by adding the following:
1. Of the monies appropriated in this section the first 000,00 shall be used to provide a minimum of $100.00 per month for teachers' retirement in accordance with HB 366.
(9) The Committee moves to amend HB 243 by adding the fol lowing immediately after the first proviso of Paragraph (a), Section 49: "Before any of these funds shall be used for across the board increases or other extensions of the school program other than provided by the Minimum Foundation Program law, and after the Minimum Foundation Program is financed fully on an annual basis, the monies appropriated herein shall be used to finance the Minimum Foundation Program on a semiannual basis as provided in Act No. 374 (Ga. Laws 1955, pages 601-602) approved March 9, 1955."
(10) The Committee moves to amend HB 243 by adding a new subsection under Section 49 to be numbered "(a-2)" to follow subsec tion (a-1) to read as follows: "(a-2) For sick leave for common school teachers at $5.00 per day for 5 days of each school year. Said appro priation shall have second priority to funds under this contingent sec tion." And to change total at the end of the contingent appropriations by adding the sum of $750,000.00 thereto.
(11) The Committee moves to amend HB 243, Section 49 (d) by adding a subsection to read: "$500,000.00 to be expended for aid in
WEDNESDAY, FEBRUARY 8, 1956
789
financing additional facilities at the Kennestone Hospital in Cobb County."
(12) The Committee moves to amend HB 243, Section 49 (d) by adding a new subsection to read: "$500,000.00 to be expended for aid in financing additional facilities at the City-County Hospital in Troup County."
(13) The Committee moves to amend HB 243, Section 49 (i) by changing "Veterans State Park" to "Georgia Veterans Memorial State Park."
Committee amendments Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 12, and 13 were adopted:
The following amendment to Committee amendment No. 10 was read and adopted:
Messrs. Campbell and Coker of Walker move to amend the Com mittee amendment to HB 243: By adding a new subsection under Sec tion 49 to be numbered (a-2) to follow subsection (a-1) to read as follows :
(a-2) For sick leave for common school teachers at $5.00 per day for 5 days of each school year ----__--------------------$725,000.00
Provided that this amount shall be paid from the first funds made available to apply on the appropriations in sub-sections (a), (a-1) or (a-2) in this Section after money has been made available to finance the M.F.P.E. in full on an annual basis.
Committee amendment No. 10, as amended by the House, was adopted.
The previous question was called.
The main question was ordered.
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 Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Ayers Bagby Barber of Colquitt Barber of Jackson Barker Baughman Bentley Birdsong
Black Blackburn Blalock Bloodworth Bodenhamer Bolton Brown Caldwell Callier Campbell
Carlisle Gates Chambers Cheatham Cheek Clary Cloud Coker of Cherokee Coker of Walker Cowart
790
JOURNAL OF THE HOUSE,
Coxwell Deal Deen of Bacon Denmark Denson Dozier Drinkard Duncan Edenfield English Eyler Ployd Plynt Fordham Foster Fowler of Douglas Freeman Frier Garrard Gilleland Gillis
Green of Rabun Greene of Crisp Grimsley Groover Gross of Dade Hall Hardaway Hawkins Hayes Henderson Hodges Hogan Holley Houston Huddleston Hudson Ivey 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 Killingsworth King of Whitfield King of Pike Kitchens Lam Land Lanier Larkins Lindsey Lokey Long Love Mackay Mallory Martin Mashburn Matheson of Hart Mathis of Lowndes Matthews McCracken MeGarity McKenna McWhorter Mincy Mobley Moore Mull Murphy of Haralson Murr Musgrove Nightingale Nilan Odom Parker Peacock Pelham Peters Pettey Phillips of Columbia
Phillips of Walton Pickard Potts Ramsey Raulerson Ray Register Rodgers Roughton Rowland Ruark Rutland Sanders Scoggin Sheffield Singer Sivell Smith of Evans Smith of Emanuel Sognier Souter Stephens of Clarke Stevens of Marion Stewart Strickland Tamplin Tanner Tarpley Todd Truelove Turk Twitty Underwood of Bartow Underwood of
Montgomery Veal Weems Wheeler Williams Willis Wilson of Towns Wilson of Peach Wooten Wright Young
On the passage of the Bill, as amended, the ayes were 164, nays 0.
The Bill having received the requisite constitutional majority, was passed, as amended.
Mr. Lavender of Elbert requested the Journal to show that had he not been attending a Public Hearing, he would have cast his vote for HB 243.
WEDNESDAY, FEBRUARY 8, 1956
791
Under the regular order of business, the following Bill of the House was again taken up for consideration:
HB 455. By Messrs. Pickard of Muscogee and Duncan of Carroll:
A Bill to be entitled an Act to provide for the securing of a certificate from the Georgia Public Service Commission by persons constructing or operating, in intrastate commerce, a pipeline for the distribution or sale of natural or manufactured gas, and for other purposes.
The following Committee amendment was read:
Committee on Public Utilities approved passage HB 455 with this amendment at the beginning:
A BILL
To be entitled an Act to provide that no person shall construct
or operate in intrastate commerce within this State any pipeline or any
distribution system or any extension thereof, or sell from such pipeline
or acquire ownership or control thereof, without first obtaining a cer
tain certificate from the Georgia Public Service Commission; to make
provisions relative to the extension of systems within municipalities;
to provide for regulation by the Georgia Public Service Commission;
to provide for orders of the Georgia Public Service Commission; to
provide for application for certificates; to make provisions relative to
the issuance of certificates; to make provisions relative to systems
being constructed on the effective date of this Act; to provide for com
plaints to be filed with the Georgia Public Service Commission; to pro
vide for a hearing thereon; to provide for matters which the Com
mission must consider relative to the granting of certificates; to pro
vide for rules, regulations and orders; to provide for suspension, revo
cation, alteration and amendment of certificates; to provide for the
transferral of certificates; to provide for exemptions; to provide for
jurisdiction of the Commission over extensions; to provide for defi
nitions; to prescribe the procedure connected with the foregoing; to
repeal conflicting laws; and for other purposes.
'
The following amendment to the Committee amendment ,was read and adopted:
Mr. Murr of Sumter moves to amend HB 455 by striking the fol lowing language in the caption "to make provisions relative to the extension of systems within municipalities" and inserting in lieu thereof the following:
"to provide that municipalities and counties of this State shall not be subject to the provisions of this Act."
The Committee amendment, as amended, was adopted.
The following amendments were read and adopted:
Mr. Murr of Sumter moves to amend HB 455 by changing the period at the end of Section 14 to a comma and adding the following:
"municipalities and counties of this State being specifically so excepted."
792
JOURNAL OF THE HOUSE,
Mr. Murr of Sumter moves to delete Section 12 of HB 455 and add the following to be known as Section 12 and to read as follows:
Notwithstanding the provisions of any statute or ordinance to the contrary, the requirements of this Act for a certificate of public convenience and necessity shall apply to each and every person, firm or corporation, whether public or private, excepting only municipal corporations and counties of this State.
The previous question was called.
The main question was ordered.
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.:
Alien Barber of Colquitt Barker Baughman Bentley Birdsong Blackburn Blalock Bloodworth Bodenhamer Brown Caldwell Carlisle Chambers Cheek Clary Cloud Coker of Cherokee Coker of Walker Cowart Coxwell Been of Bacon Denson Dozier Drinkard Duke Duncan Edenfield English Eyler Floyd Fordham Foster Fowler of Douglas
Frier Garrard Gilleland Green of Rabun Greene of Crisp Groover Gross of Dade Gunter Hardaway Hayes Henderson
Hodges Hogan Holley Houston Huddleston Hudson
Ivey Johnson of Gilmer Jones of Laurens Jones of Sumter Jordan Kelley Kennedy of Turner Kennedy of Tattnall
Kilgore King of Whitfield
Lam Lanier Larkins Long Love Mackay Mallory
Martin Mashburn Massee Matheson of Hart Mathis of Lowndes Matthews McGarity Mincy Mull Murr Musgrove Nilan Peters
Pettey Pickard Potts Raulerson Ray Register Rodgers Rowland Rutland Sanders Sivell Smith of Evans Smith of Emanuel Sognier Souter Stephens of Clarke
Stewart Tamplin Tarpley Todd Truelove
WEDNESDAY, FEBRUARY 8, 1956
793
Turk Twitty Underwood of Bartow
Underwood of Montgomery
Weems Wheeler
Williams Willingham Wooten Young
Those voting in the negative were Messrs.:
Ayers Bagby Barber of Jackson Bolton Denmark Flynt Freeman Grimsley Harrison of Wayne
Hawkins Hendrix Killian King of Pike Lokey McKenna Moore Murphy of Haralson Nightingale
Parker Ramsey Strickland Tanner Veal Wilson of Peach Wright
On the passage of the Bill, as amended, the ayes were 112, nays 25.
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 Bills and Resolutions of the House were taken up for consideration and read the third time:
HB 361. By Messrs. Hall, Scoggin and Wright of Floyd:
A Bill to be entitled an Act to amend Section 32-904 of the Code, relat ing to compensation of members of County Board of Education; and for other purposes.
The following amendment was read and adopted:
Mr. Nightingale of Glynn moves to amend HB 361 by adding at the end of Section 1 the following: "the provisions of this Act shall not apply to school systems created prior to the adoption of the Con stitution of 1877."
The previous question was ordered.
The main question was ordered.
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. Hall of Floyd moved the ayes and nays and the call was sustained.
The roll call was ordered and the vote was as follows:
794
JOURNAL OF THE HOUSE,
Those voting in the affirmative were Messrs.:
Alien Bagby Barber of Jackson Baughman Bentley Black Blackburn Blalock Bloodworth Bodenhamer Caldwell Campbell Carlisle Gates Chambers Cheatham Cloud Coker of Cherokee Coker of Walker Cowart Coxwell Deen of Bacon Denmark Denson Drinkard
Duke Edenfield Eyler Floyd Fordham Garrard Green of Rabun
Greene of Crisp Groover Gross of Dade Hall Harrison of Wayne Hawkins Holley Houston Huddleston Ivey Johnson of Jenkins Jones of Worth Jones of Lunipkin Jones of Sumter Kelley Kennedy of Turner Kennedy of Tattnall Kilgore Killian King of Whitfield King of Pike Larkins Lokey Long Love Mackay Mallory Matheson of Hart Mathis of Lowndes Matthews McKenna Mobley
Murphy of Haralson Murr
Musgrove Nightingale Nilan Parker Ramsey Ray
Register Russell Sanders Scoggin Sheffield Singer Smith of Evans Souter
Stephens of Clarke Tamplin Tarpley Todd Turk Twitty
Underwood of Bartow Underwood of
Montgomery Veal Weems Willingham Willis Wright Young
Those voting in the negative were Messrs.:
Adams Ayers Barber of Colquitt Bolton Brown Clary Dozier English Freeman Frier Gilleland Grimsley
Gunter Henderson Hodges Hogan Hudson Jones of Laurens Jordan Key Killingsworth Land Martin Mincy
Moore Mull Pettey Rowland Rutland Strickland Truelove Williams Wilson of Peach Wooten
On the passage of the bill, as amended, the ayes were 94, nays 34.
The Bill, having failed to receive the requisite constitutional majority, was lost.
WEDNESDAY, FEBRUARY 8, 1956
795
Mr. Hall of Floyd gave notice that at the proper time he would move that the House reconsider its action in failing to pass HB 361.
HR 90-261d. 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, Rufus M. Todd, Jr.; and for other purposes.
The following committee amendment was read and adopted:
Your Committee on Special Appropriations moves to amend HR 90-261d as follows:
By striking the figures $5,000.00 from the conclusion of said Reso lution and inserting in lieu thereof the figures $2,500.00.
The previous question was ordered.
The main question was ordered.
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, Mr. Cheatham of Chatham moved the ayes and nays and the call was sustained.
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Ayers Bagby Barber of Colquitt Barber of Jackson Baughman Birdsong Black Blackburn Bloodworth Bodenhamer Bolton Brown Caldwell Campbell Carlisle Gates
Chambers Cheatham Cheek Clary
Cloud
Coker of Cherokee Coker of Walker Coxwell Deen of Bacon Denmark Denson Dozier Drinkard Duke English Eyler Floyd Fordham Fowler of Douglas Fowler of Tift Freeman Frier Garrard
Gilleland Green of Rabun Greene of Crisp Grimsley
Groover
Gunter Hall Hardaway Harrison of Wayne Hawkins Henderson Hodges Hogan Holley Houston Huddleston Hudson Ivey Johnson of Jenkins Johnson of Gilmer Jones of Worth Jones of Lumpkin Jones of Laurens
Jordan Kelley Kennedy of Turner Kennedy of Tattnall
Killian
796
JOURNAL OP THE HOUSE,
Killingsworth King of Whitfield King of Pike Lam Land Larkins Lokey Long Lowe Mackay
Mallory Martin Matheson of Hart Mathis of Lowndes Matthews McKenna McWhorter Mobley Moore Mull Murr Musgrove
Nightingale Nilan Parker Peters Pettey Potts Ramsey Raulerson Ray Register
Rodgers Roughton Rowland Ruark Russell Rutland Sanders Scoggin Sheffield Sivell Smith of Evans Smith of Emanuel
Sognier Souter Stephens of Clarke Strickland Tamplin Tarpley Todd Turk Twitty Underwood of Bartow
Veal Weems Williams Willingham Willis Wilson of Towns Wilson of Peach Wooten Wright Young
On the adoption of the Resolution, as amended, the ayes were 133, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HR 58-163g. By Mr. Underwood of Bartow:
A Resolution to compensate Leon Lewis for damages to his farm machinery; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Ayers Bagby Barber of Jackson Baughman Birdsong Black Blackburn
Blalock Bloodworth Bolton Brown Caldwell Campbell Gates Chambers Cheatham
Cheek Clary Cloud Coker of Cherokee Coker of Walker Cowart Been of Bacon Denmark Denson
WEDNESDAY, FEBRUARY 8, 1956
797
Dozier Drinkard Duke English Eyler Ployd Fordham Foster Fowler of Douglas Freeman Frier Gilleland Green of Rabun Greene of Crisp Grimsley Groover Gunter Hall Hardaway Harrison of Wayne Hawkins Henderson Hodges Hogan Holley Houston Huddleston Ivey Johnson of Jenkins Johnson of Gilmer Jones of Worth Jones of Lumpkin
Jones of Laurens Kelley Kennedy of Turner Kennedy of Tattnall Killingsworth King of Whitfield King of Pike Lam Land
Larkins Lindsey Lokey Long Lowe Mackay Mallory Martin Matheson of Hart Matthews McGarity McKenna Mobley Moore Mull Murr Musgrove Nightingale Nilan Odom Parker Peters Potts
Ramsey Raulerson Register Rodgers Roughton Rowland Ruark Russell Rutland Sanders Scoggin Smith of Evans Smith of Emanuel M. M. Smith of Fulton Sognier Souter Stephens Strickland Tamplin Tarpley Todd Turk Twitty Underwood of Bartow Veal Weems Willingham Wilson of Towns Wilson of Peach Wooten Wright Young
Those voting in the negative were Messrs.:
Barber of Colquitt
Garrard
Jordan
On the adoption of the Resolution, the ayes were 123, nays 3.
The Resolution, having received the requisite constitutional majority, was adopted.
HB 382. By Messrs. Moate of Hancock, Willingham of Cobb, and Groover of Bibb:
A Bill to be entitled an Act to amend the Intangible Property Tax Act by adding to Part I thereof a new section, to be designated as Sec tion 20 of Part I of said Act, which shall provide a procedure whereby a taxpayer who files a written protest with the tax collector or tax commissioner of a county, or his deputy, at the time of paying to him an amount claimed by such tax collector or tax commissioner or his deputy to be collectible as a tax under Section 4 of Part I of said Act; and for other purposes.
The previous question was ordered.
798
JOURNAL OP THE HOUSE,
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, Mr. Willingham of Cobb 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 Alien
Ayers Bagby
Barber of Jackson Baughman Birdsong Black
Blackburn Bolton Brown Caldwell Campbell Gates Chambers Cheatham Cheek Clary Cloud Coker of Cherokee Coker of Walker Cowart Coxwell Been of Bacon Denmark Denson Dozier Drinkard Duke English Eyler Ployd Pordham Fowler of Douglas Freeman Frier Garrard Gilleland Green of Rabun Greene of Crisp Grimsley Groover Gunter
Hall Harrison of Wayne Hawkins Henderson Hodges Hogan Holley Hudson Johnson of Jenkins Johnson of Gilmer Jones of Worth Jones of Lumpkin Jones of Laurens Jordan Kennedy of Turner Kennedy of Tattnall
Key Kilgore Killian Killingsworth King of Pike Lam Land Larkins Lindsey Lokey Mackay Mallory Martin Mashburn Matheson of Hart Matthews McGarity McKenna Mobley Moore Mull Murphy of Haralson
Murr Musgrove Nightingale Nilan Parker
Peters Pettey Pickard Potts Ramsey Raulerson Ray Register Rodgers Roughton Rowland Ruark Russell Rutland Sanders Scoggin Sheffield Sivell Smith of Evans Smith of Emanuel M. M. Smith of Fulton Sognier S outer Stephens of Clarke Strickland Tamplin Tarpley Todd Turk Twitty Underwood of Bartow Underwood of
Montgomery Veal Weems Williams Willingham Willis Wilson of Towns Wilson of Peach Young
WEDNESDAY, FEBRUARY 8, 1956
799
Those voting in the negative were Messrs.:
Bodenhamer Fowler of Tift
Kelley
Wooten
On the passage of the Bill, the ayes were 125, nays 4.
The Bill, having received the requisite constitutional majority, was passed.
HR 68-200c. By Messrs. Williams and Gunter of Hall:
A Resolution to compensate T. Q. Jones and Mrs. Vallie Jones, Gainesville, Hall County, Georgia, for injuries and property damages they received in an accident with a State Highway Department maintenance vehicle; and for other purposes.
The following Committee amendment was read and adopted:
Mr. Veal of Putnam moves to amend HR 68-200c as follows:
By striking the figures $1500.00 from the conclusion thereof and inserting in lieu thereof the figures $976.28.
The previous question was ordered.
The main question was ordered.
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, Mr. Williams of Hall moved the ayes and nays and the call was sustained.
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Ayers Bagby
Barber of Colquitt Barber of Jackson Baughman Birdsong Black Blackburn Blalock Bloodworth Bodenhamer Bolton Brown Caldwell Chambers
Cheatham Clary Coker of Cherokee Cowart
Coxwell Deen of Bacon Denmark Denson Dozier Drinkard Duke English Eyler Floyd Fordham Foster Fowler of Douglas
Fowler of Tift Freeman Frier Garrard
Gilleland Green of Rabun Greene of Crisp Grimsley Groover Gunter Hall Hardaway Harrison of Wayne Henderson Hodges Hogan Holley
800
JOURNAL OF THE HOUSE,
Hudson Ivey Johnson of Jenkins Johnson of Gilmer Jones of Worth Jones of Lumpkin Jones of Laurens Jordan Kelley Kennedy of Turner Kennedy of Tattnall
Key Kilgore Killian Killingsworth Lam Land Larkins Lindsey Lokey Long Mackay Mallory Martin Mashburn
Matheson of Hart Matthews McGarity McWhorter Mobley Moore Mull Murphy of Haralson Murr Musgrove Nightingale Nilan Odom Parker Peters Pettey Pickard Potts Ramsey Raulerson Register Rodgers Rowland Ruark Russell
Rutland Sanders Smith of Evans M. M. Smith of Fulton Sognier Souter Stephens of Clarke Strickland Stripling Tamplin Tarpley Todd Turk Underwood of Bartow Veal Weems Williams Willingham Willis Wilson of Towns Wilson of Peach Wooten Wright Young
On the adoption of the Resolution, as amended, the ayes were 125, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HB 340. By Mr. M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act to repeal an Act providing for the securing of a license from county authorities to sell fireworks; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, Mr. M. Smith of Fulton moved the ayes and nays and the call was sustained.
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alien Ayers Barber of Jackson
Baughman Bolton Brown
Chambers Cheatham Deal
WEDNESDAY, FEBRUARY 8, 1956
801
Dean of Rockdale Deen of Bacon Denmark Drinkard Duke Eyler Ployd Pordham Fowler of Douglas Freeman Garrard Green of Rabun Greene of Crisp Grimsley Groover Gunter Hall Hardaway Hodges Holley Hudson Johnson of Jenkins Johnson of Gilmer Jones of Worth Jones of Lumpkin Jordan Kelley Kennedy of Turner
Kennedy of Tattnall
Key Kilgore Killian Killingsworth King of Pike Land Lindsey Long Mackay Mallory Mashburn Matheson of Hart Matthews McGarity McKenna McWhorter Mincy Moore Mull Murphy of Haralson Murr Musgrove Nightingale Odom Parker Pettey Potts
Ramsey Raulerson Ray Register Rodgers Roughton Rowland Ruark Russell Rutland Sanders Scoggin Sheffield Sivell Smith of Evans Smith of Emanuel M. M. Smith of Fulton Sognier Stephens of Clarke Tarpley Veal Weems Willingham Willis Wright Young
Those voting in the negative were Messrs.:
Adams Birdsong Blalock Clary Coker of Cherokee Cowart Coxwell Denson Dozier
English Frier Gilleland Henderson Hogan Ivey Jones of Sumter Lam Larkins
Martin Mobley Souter Strickland Todd Turk Underwood of Bartow Williams
On the passage of the Bill, the ayes were 91, nays 26.
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 340.
HR 40-109b. By Mr. Kitchens of Twiggs:
A Resolution designating a certain bridge as the "Mark Fitzpatrick-Jim Duncan Bridge"; and for other purposes.
The previous question was ordered.
802
JOURNAL OF THE HOUSE,
The main question was ordered.
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.
The Resolution was ordered immediately transmitted to the Senate.
Mr. Harrison of Wayne moved that the House do now adjourn until 9:30 A. M., tomorrow morning, and the motion was lost.
Mr. Groover of Bibb moved that the House do now adjourn until 9:31 A. M., tomorrow morning, and the motion was lost.
Mr. Murr of Sumter moved that the House do now adjourn until 10:00 A. M., tomorrow morning.
On the motion to adjourn until 10:00, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Bagby Barber of Jackson Bentley Black Bloodworth Bolton Caldwell Clary Coker of Cherokee Coker of Walker Dean of Rockdale Denmark Drinkard English Fowler of Douglas Frier Green of Rabun
Grimsley Hall Hardaway Harrison of Wayne Hendrix Holley Hudson Jackson Jones of Lumpkin Kennedy of Tattnall King of Whitfield Lam Lindsey Long Mallory Martin Mashburn McKenna
Murr Nightingale Odom Parker Pickard Russell Sognier Souter Strickland Tarpley Underwood of Bartow Veal Weems Williams Willingham Wright
Those voting in the negative were Messrs.:
Alien Ayers Barber of Colquitt Baughman Birdsong Blackburn
Blalock Brown Gates Chambers Cheatham Denson
Dozier Duke Eyler Floyd Fordham Foster
WEDNESDAY, FEBRUARY 8, 1956
803
Fowler of Tift Freeman Garrard Gilleland Greene of Crisp Groover Gunter Hawkins Henderson
Hodges Ivey Johnson of Jenkins Johnson of Gilmer Jones of Laurens Jordan Kilgore Killian Killingsworth King of Pike Land
Lanier Larkins Lokey Lowe Matthews McGarity McWhorter Mincy Mobley Moore Murphy of Haralson
Musgrove Nilan Palmer Potts Raulerson Ray Register Rodgers Roughton
Rowland Ruark Sanders Scoggin Sheffield Sivell Smith of Evans Hoke Smith of Fulton M. M. Smith of Fulton Stephens of Clarke Stripling Todd Turk Twitty Underwood of
Montgomery Willis Wilson of Towns Wilson of Peach Wooten
On the motion to adjourn until 10:00 o'clock, the ayes were 52, nays 76.
The motion was lost.
Mr. Groover of Bibb moved that the House do now adjourn until 9:32 A. M., tomorrow morning, and the motion prevailed.
Leave of Absence was granted to Mr. Stewart of Ben Hill for Thursday, February 9, 1956.
The Speaker announced the House adjourned until 9:32 tomorrow morning.
804
JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia. Thursday, February 9, 1956.
The House met pursuant to adjournment this day at 9:32 A. M., and was called to order by the Speaker.
Prayer was offered by the Chaplain, Reverend William Holt, First Methodist Church, Dahlonega, Georgia.
By unanimous consent, the roll call 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 busi ness, 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 on the General Calendar in any order he deems advisable.
Mr. Sheffield of Brooks moved that the following Bill of the House be withdrawn from the Committee on General Judiciary $1, read the second time and recommitted:
HB 547. By Messrs. Sheffield of Brooks, Raulerson of Echols, Chastain of Thomas, and Mathis of Lowndes:
A Bill to be entitled an Act to provide for a supplement to the com pensation of the Judge of the Superior Courts of the Southern Judicial Circuit; and for other purposes.
The motion prevailed, and the Bill was withdrawn, read the second time and recommitted.
Mr. McGarity of Henry moved that the following Bill of the House be withdrawn from the Committee on Motor Vehicles, read the second time and recommitted:
THURSDAY, FEBRUARY 9, 1956
805
HB 530. By Messrs. McGarity of Henry, and Lavender of Elbert:
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.
The motion prevailed, and the Bill, was withdrawn, read the second time and recommitted.
Mr. Been of Bacon moved that the following Bills of the House be with drawn from the Committee on State of Republic, read the second time and recommitted:
HB 101. By Messrs. Deen of Bacon, and Jones of Laurens:
A Bill to be entitled an Act to create a State Planning Commission; and for other purposes.
HB 102. By Messrs. Deen of Bacon and Jones of Laurens:
A Bill to be entitled an Act to authorize municipalities and counties to create municipal and county and joint municipal-county planning commissions; and for other purposes.
The motion prevailed, and the Bills were withdrawn, read the second time and recommitted.
Mr. Matthews of Clarke moved that the following Bill of the House be withdrawn from the Committee on Public Welfare, read the second time and recommitted:
HB 549. By Mr. Matthews of Clarke:
A Bill to be entitled an Act to amend an Act creating the Georgia State Literature Commission; and for other purposes.
The motion prevailed, and the Bill was withdrawn, read the second time and recommitted.
Mr. Rutland of DeKalb moved that the following Resolutions of the House be withdrawn from the Committee on Special Appropriations, read the second time and recommitted:
HR 183-482a. By Mr. Rutland of DeKalb:
A Resolution to compensate the Randall Fuel Company; and for other purposes.
HR 184-482b. By Mr. Rutland of DeKalb:
A Resolution to compensate the Randall Fuel Company; and for other purposes.
806
JOURNAL OF THE HOUSE,
The motion prevailed, and the Resolutions were withdrawn, read the second time and recommitted.
Mr. M. Smith of Fulton moved that the following Bill of the House be with drawn from the Committee on Municipal Government, read the second time and recommitted:
HB 535. By Messrs. Lokey and H. Smith of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta; and for other purposes.
The motion prevailed, and the Bill was withdrawn, read the second time and recommitted.
By unanimous consent, the following Bills and Resolutions of the House were read the first time and referred to the Committees:
HB 565. By Mr. Rowland of Johnson:
A Bill to be enttiled an Act to amend an Act incorporating the City of Adrian, and for other purposes.
Referred to the Committee on Municipal Government.
HB 566. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A Bill to be entitled an Act to create the office of Director of Public Safety in all counties having a population of 300,000 or more; to provide for the appointment and term thereof; and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 567. 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 retire ment 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, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 568. By Messrs. Lam and Birdsong of Troup:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Hogansville, and for other purposes.
Referred to the Committee on Municipal Government.
HB 569. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to amend an Act entitled an Act to incor porate the Town of Kite, and for other purposes.
Referred to the Committee on Municipal Government.
THURSDAY, FEBRUARY 9, 1956
807
HB 570. By Mr. Underwood of Montgomery:
A Bill to be entitled an Act to authorize the State Highway Depart ment to construct, maintain and repair access roads to public streams and boat landings, lakes and parks within this State; and for other purposes.
Referred to the Committee on Public Highways #2.
HB 571. By Mr. Stripling of Coweta:
A Bill to be entitled an Act to repeal an Act relating to the exemption of traveling salesmen from municipal taxation or licensing; and for other purposes.
Referred to the Committee on General Judiciary #2.
HB 572. By Messrs. Scoggin of Floyd and Bolton of Spalding:
A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to provide for the types of tests which may be demanded to determine the amount of weight of alcohol in the blood; and for other purposes.
Referred to the Committee on State of Republic.
HB 573. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to amend an Act entitled an Act to amend, consolidate and supersede the several Acts incorporating the City of Wrightsville, and for other purposes.
Referred to the Committee on Municipal Government.
HB 574. By Messrs. Groover of Bibb, Lavender of Elbert, Chastain of Thomas and Coker of Cherokee:
A Bill to be entitled an Act to amend an Act relating to State deposi tories by providing for the delegation of other depositories by providing for additional methods of conntracting for interest on State money and to require the State Depository Board to make advantageous in terest of State money, and for other purposes.
Referred to the Committee on State of Republic.
HB 575. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A Bill to be entitled an Act to amend the Charter of the City of Pine Lake, in the County of DeKalb, and for other purposes.
Referred to the Committee on Municipal Government.
HB 576. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act entitled an Act to provide for the examination for qualified electrician, for the right to engage in said vocation in counties having a population of not less than 85,000 and not more than 90,000, and for other purposes.
Referred to the Committee on Municipal Government.
808
JOURNAL OP THE HOUSE,
HB 577. By Messrs. Mackay, Rutland and McWhorter of DeKalb :
A Bill to be entitled an Act to amend an Act entitled an Act to create and establish the City Court of Decatur, and for other purposes.
Referred to the Committee on Municipal Government.
HB 578. By Messrs. Mackay, Rutland and McWhorter of DeKalb:
A Bill to be entitled an Act to authorize the establishment of a merit system in DeKalb County for employees of DeKalb County; and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 579. By Mr. Groover of Bibb:
A Bill to be entitled an Act to amend an Act relating to selling, leasing, granting, exchanging and disposing of recreational and park property by the State and political subdivisions, so as to provide that the pro visions relative to advertising and bids shall not apply to the leasing of State parks or facilities if the lease involved is for a period of one year or less, and for other purposes.
Referred to the Committee on State of Republic.
HB 580. By Messrs. Groover of Bibb and Stripling of Coweta:
A Bill to be entitled an Act to amend an Act to amend an Act approved March 5, 1937, creating the Natural Resources Department and the various divisions thereof; and for other purposes.
Referred to the Committee on State of Republic.
HB 581. By Messrs. Coker and Campbell of Walker, Groover of Bibb and Scoggin of Floyd:
A Bill to be entitled an Act to further regulate the sale of malt bever ages, wine and whiskey within the State of Georgia so as to provide that no person under eighteen years of age shall be employed or per mitted to sell, serve or dispense malt beverages, wine or whiskey in any tavern, restaurant or other establishment where said beverages are sold for consumption on said premises; and for other purposes.
Referred to the Committee on Temperance.
Mr. Coker of Walker moved that HB 581 be engrossed.
On the motion to engross, the Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Ayers Barber of Jackson
Barker Baughman Birdsong Black
Blalock Cason Gates Cheek
THURSDAY, FEBRUARY 9, 1956
809
Clary Coker of Cherokee Coker of Walker Cornelius Cowart Coxwell
Dean of Rockdale Deen of Bacon Denmark Denson Dozier Duke Edenfield Elder English Eyler Fain Flynt Fordham Foster Fowler of Douglas Frier Garrard Gilleland Gillis Green of Rabun Greene of Crisp Grimsley Groover Gross of Stephens Gross of Dade Gunter Hardaway Harrell Harrison of Jeff Davis Henderson Hogan
Holley
Hudson Johnson of Jenkins Johnson of Gilmer Jones of Worth Jones of Laurens Jones of Sumter Kelley Kennedy of Tattnall Killingsworth King of Chattahoochee King of Pike Kitchens Lam Land Lanier Long Love Lowe Mackay Martin Mashburn Matheson of Hart Mathis of Lowndes Matthews Mauldin McCracken McGarity McKelvey McKenna McWhorter Mobley Mull Murr Odom Palmer Parker Pelham Peters
Phillips of Columbia Phillips of Walton Raulerson Ray Register Rodgers Roughton Rutland Sanders Sivell Smith of Evans Smith of Emanuel Sognier Souter Strickland Stripling Tamplin Todd Truelove Turk Twitty Underwood of Bartow Underwood of
Montgomery Upshaw Veal Watson Weems Wheeler Williams Willingham Willis Wilson of Towns Wilson of Peach Wooten Young
On the motion to engross, the ayes were 123, nays 0.
The Bill was ordered engrossed.
HB 582. By Mr. Souter of Macon: A Bill to be entitled an Act to supplement the fees of the Ordinary of Macon County; and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 583. By Mr. Murphy of Haralson:
A Bill to be entitled an Act to amend an Act relating to exemption from jury duty, so as to change the age limit for jury exemption; and for other purposes.
Referred to the Committee on General Judiciary #2.
810
JOUKNAL OP THE HOUSE,
HB 584. By Mr. Groover of Bibb:
A Bill to be entitled an Act to simplify the construction, acquisition and financing of educational and training facilities for the State, and for other purposes.
Referred to the Committee on Education #2.
HB 585. By Messrs. Willis of Thomas, Scoggin of Floyd, Mauldin of Gordon, Underwood of Bartow and Cheatham of Chatham:
A Bill to be entitled an Act to amend an Act creating a Department of Public Safety, so as to change the provisions relating to classification of public chauffeur licenses; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 586. By Mr. Roughton of Washington:
A Bill to be entitled an Act to amend an Act so as to provide that land processioners may be appointed from any militia district from the County, and for other purposes.
Referred to the Committee on Special Judiciary.
HB 587. 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 amend an Act entitled "County Officers. Laws Applicable" in counties having a population of 300,000 or more, and for other purposes.
Referred to the Committee on Counties and County Matters.
HR 205-587a. By Messrs. Sanders, Chambers and Holley of Richmond:
A Resolution authorizing the conveyance by the Governor of certain real property to Richmond County; and for other purposes.
Referred to the Committee on Public Property.
HR 206-587b. By Messrs. Murphey of Crawford and Cheek of Taylor:
A Resolution to designate a bridge which crosses the Flint River be tween Crawford and Taylor Counties as the Colonel Benjamin Hawkins Bridge, and for other purposes.
Referred to the Committee on Historical Research.
HR 207-587c. By Mr. Mashburn of Forsyth:
A Resolution authorizing the State Librarian to furnish to the Superior Court of Forsyth County, without cost to said county, certain law books; and for other purposes.
Referred to the Committee on Public Library.
HR 208-587d. By Mr. Kennedy of Tattnall: A Resolution to compensate Wilton Banks for damages done to his
THURSDAY, FEBRUARY 9, 1956
811
automobile by two escaped State prisoners from the State Prison at Reidsville, and for other purposes.
Referred to the Committee on Special Appropriations.
HR 209-587e. By Messrs. Cheatham, Eyler and Sognier of Chatham:
A Resolution authorizing and directing the Governor to execute a lease in behalf of the State of Georgia of certain property conveyed to the State by Chatham County and to be used as a site for construction of an Armory for the Georgia Air National Guard with one hundred per cent federal funds, and for other purposes.
Referred to the Committee on Public Property.
HB 588. By Mr. Groover of Bibb:
A Bill to be entitled an Act to authorize the painting of the center line or center lines of county and municipal roads by the State High way Department; to provide for contracts; and for other purposes.
Referred to the Committee on Public Highways #1.
By unanimous consent, the following Committee Reports were submitted and read:
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 476. Do Pass.
SB 109. Do Pass. SB 101. Do Pass.
Respectfully submitted, Mauldin of Gordon,
Chairman.
Mr. Freeman of Monroe County, Chairman of the Committee on Amendments to Constitution #1, submitted the following report:
Mr. Speaker:
Your Committee on Amendments to Constitution #1 has had under con sideration the following 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 126-348e. Do Pass.
HR lll-319b. Do Pass.
812
JOURNAL OP THE HOUSE,
HE 168-477e. Do Pass. SR 22. 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 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 559. Do Pass. HB 557. Do Pass. HB 555. Do Pass. HB 551. Do Pass. HB 550. Do Pass. HB 544. Do Pass. HB 538. Do Pass. HB 537. Do Pass. HB 536. Do Pass. HB 533. 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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendation:
SB 109. Do Pass.
Respectfully submitted,
Willingham of Cobb,
Chairman.
THURSDAY, FEBRUARY 9, 1956
813
Mr. Stripling of Coweta County, Vice-Chairman of the Committee on Gen eral Judiciary #2, submitted the following report: Mr. Speaker:
Your Committee on General Judiciary #2 has had under consideration the following Bills of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 383. Do Pass. HB 395. Do Pass.
HB 449. Do Pass. HB 560. Do Pass. SB 89. Do Pass.
Respectfully submitted, Stripling of Coweta, Vice-Chairman.
Mr. Hoke Smith of Fulton County, Chairman of the Committee on Municipal Government, submitted the following report:
Mr. Speaker:
Your Committee on Municipal Government has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB535. Do Pass, as amended.
Respectfully submitted,
Hoke Smith of Fulton,
Chairman.
Mr. Young of Muscogee County, Vice-Chairman of the Committee on Municipal Government, submitted the following report:
Mr. Speaker:
Your Committee on Municipal Government has had under consideration the following Bill of the House and has instructed me as Vice-Chairman, to report the same back to the House with the following recommendation:
HB 548. Do Pass, as amended.
Respectfully submitted,
Young of Muscogee,
Vice-Chairman.
Mr. Young of Muscogee County, Vice-Chairman of the Committee on Municipal Government, submitted the following report:
814
JOURNAL OF THE HOUSE,
Mr. Speaker: Your Committee on Municipal Government 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 122. Do Pass.
Respectfully submitted,
Young of Muscogee,
Vice-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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendation:
SB 44. Do Pass.
Respectfully submitted,
Wooten of Randolph,
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 fol
lowing 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 37. Do Pass.
HR 151-428e. Do Pass. Respectfully submitted, Ramsey of Effingham,
Chairman.
Mr. Callier of Talbot County, Chairman of the Committee on Public Prop erty, submitted the following report:
Mr. Speaker: Your Committee on Public Property has had under consideration the fol-
THURSDAY, FEBRUARY 9, 1956
815
lowing 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, Callier of Talbot, Chairman.
Mr. Callier of Talbot County, Chairman of the Committee on Public Prop erty, submitted the following report:
Mr. Speaker:
Your Committee on Public Property has had under consideration the fol lowing Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HR 204-561e. 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 114-319e. Do Not Pass.
HR 113-319d. Do Not Pass.
HR 115-319f. Do Not Pass.
HR 117-319h. Do Not Pass. Respectfully submitted,
Barber of Colquitt, Chairman.
Mr. Barber of Colquitt County, Chairman of the Committee on Special Appropriations, submitted the following report:
Mr. Speaker:
Your Committee on Special Appropriations has had under consideration the following Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 173-477J. Do Pass.
HR 29- 96b. Do Pass.
816
JOURNAL OF THE HOUSE,
HR 110-319a. Do Pass. HR 128-348f. Do Pass. HR 150-428d. Do Pass. HR 155-454b. Do Pass. HR 157-454d. Do Pass. HR 198-531m. Do Pass.
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 fol lowing Bills of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 561. Do Pass. HB 503. Do Pass. HB 221. Do Pass. HB 319. Do Pass. HB 422. Do Pass. SB 31. Do Pass, as amended. HB 337. Do Pass, as amended.
Respectfully submitted, Hawkins of Screven, 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 119-319J. Do Pass, as amended.
HR 92-261f. Do Pass, as amended.
HR 159-4541 Do Not Pass.
HR 160-454g. Do Not Pass.
THURSDAY, FEBRUARY 9, 1956
817
HR 197-5311. Do Pass. HR 6- 18f. Do Pass, as amended. HR 158-454e. Do Pass.
Respectfully submitted, Barber of Colquitt, Chairman.
Mr. Drinkard of Lincoln County, Chairman of the Committee on State of Republic, submitted the following report:
Mr. Speaker:
Your Committee on State of Republic has had under consideration the fol lowing Bills and Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 299. Do Pass, by substitute. HB 501. Do Pass. HB 354. Do Not Pass. HR 75. Do Pass, as amended. HB 265. Do Pass.
Respectfully submitted, Drinkard of Lincoln, Chairman.
Mr. Drinkard of Lincoln County, Chairman of the Committee on State of Republic, submitted the following report:
Mr. Speaker:
Your Committee on State of Republic has had under consideration the fol lowing Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HR 124-348b. Do Pass, as amended. 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-
818
JOURNAL OP THE HOUSE,
lowing Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 335. Do Pass. HB 416. Do Pass. HB 475. Do Pass. HB 477. Do Pass.
Respectfully submitted, Floyd of Chattooga, 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 457. Do Not Pass.
HB 532. Do Pass.
HB 424. 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:
HR 6-18f. By Messrs. Duke and Massee of Baldwin:
A Resolution to compensate Miles V. Golden of Milledgeville, Baldwin County, for damage to his automobile, and personal injuries occasioned by an accident caused by an employee of the State Highway Depart ment operating a State-owned vehicle, and for other purposes.
SR 22. By Senator Millican of the 52nd:
A Resolution proposing an amendment to the Constitution so as to authorize the extension of terms of the grand jury of Fulton County and for other purposes.
SR 37. By Senator Steis of the 25th:
A Resolution to provide the Ordinary of Harris County, certain enum erated volumes of the Georgia Supreme Court Reports; and for other purposes.
THURSDAY, FEBRUARY 9, 1956
819
SB 44. By Senators Wilkins of the 44th, Matthews of the 47th, Dean of the 40th and Jones of the 23rd:
A Bill to be entitled an Act to amend an Act prohibiting the throwing or depositing of trash or garbage upon public roads or property; and for other purposes.
SB 89. By Senators Waters of the 41st and McDonald of the 43rd:
A Bill to be entitled an Act to amend an Act relating to employment of land processioners, so as to change the residence requirements and qualifications of such processioners; and for other purposes.
HR 29-96b. By Messrs. Alien and Fordham of Bulloch: A Resolution to compensate Dr. John Mooney, and for other purposes.
SB 101. By Senators Harden of the 27th and Coffin of the llth:
A Bill to be entitled an Act to create the Georgia Board of Landscape Architects; and for other purposes.
SB 104. By Senator Hollis of the 24th:
A Bill to be entitled an Act to repeal an Act to require registration of guests under their true names at tourist camps or like places by what ever name called; and for other purposes.
SB 109. By Senators Hollis of the 24th, Millican of the 52nd and Lovett of the 16th:
A Bill to be entitled an Act to direct the Commissioner of Agriculture to evaluate each of the present farmer's markets that are being operated by the State and to determine whether any one or more of them should be closed; and for other purposes.
SB 122. By Senator Hollis of the 24th:
A Bill to be entitled an Act to amend the Charter of the City of Co lumbus and for other purposes.
HR 75. By Messrs. Coker of Cherokee and Mashburn of Forsyth:
A Resolution to create a Hospital Care Study Commission; and for other purposes.
HR 92-261f. 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.
HR 119-219J. 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.
820
JOURNAL OF THE HOUSE,
HB 221. 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.
HB 265. By Mr. Groover of Bibb:
A Bill to be entitled an Act to create the Georgia Residential Home Builders Commission in counties having a population of 30,000 or more, or any county which has a city within its limits having a popula tion in excess of 17,600, and for other purposes.
HB 319. By Messrs. Hayes and Tanner of Coffee:
A Bill to be entitled an Act to amend an Act relating to the age of legal majority, and for other purposes.
HR 110-319a. By Mr. Ivey of Newton:
A Resolution to compensate Walker Harris; and for other purposes.
HR 124-348b. By Messrs. Stephens of Clarke, Fowler of Douglas and Blalock of Clayton:
A Resolution creating a committee to study the advisability of con structing a building for the purpose of storing county and State records; and for other purposes.
HR 126-348d. By Mr. M. M. Smith of Fulton:
A Resolution proposing an amendment to the Constitution so as to remove the death penalty as punishment for crime; to provide restric tions on the parole of persons sentenced to life imprisonment; and the procedure connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
HB 337. By Mr. M. Smith of Fulton
A Bill to be entitled an Act to amend an Act relating to rescue and escape of prisoners, so as to provide that it shall be a felony for any person confined or imprisoned for the violation of any municipal ordi nance or State law to escape or attempt to escape, and for other pur poses.
HR 128-348f. By Mr. Eyler of Chatham:
A Resolution to provide for payment to the Quante Plumbing and Heating Company for damage to said company's truck; and for other purposes.
HB 383. By Messrs. Stripling of Coweta and Willingham of Cobb:
A Bill to be entitled an Act to improve and extend by reciprocal legis lation the enforcement of duties of support and to make uniform the law with respect thereto, and for other purposes.
THURSDAY, FEBRUARY 9, 1956
821
HB 395. By Messrs. Groover of Bibb, Lokey of Fulton, Stephens of Clarke and Nightingale of Glynn:
A Bill to be entitled an Act relating to the construction of certain words used in statutes in which population is used as a classification; and for other purposes.
HB 422. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A Bill to be entitled an Act to amend an Act entitled "Superior Court Clerks, Duties" so as to authorize the Clerk of the Superior Court to issue and sign any order in the nature of a rule nisi where no injunctive or extraordinary relief is granted; and for other purposes.
HB 424. By Mr. Groover of Bibb:
A Bill to be entitled an Act to amend an Act, imposing an annual license or occupational tax on domestic, domesticated foreign, and foreign corporations doing business or owning property so as to pro vide that such tax when in default shall bear interest until paid in addi tion to penalties otherwise prescribed therein, and for other purposes.
HR 150-428d. By Mr. Matthews of Clarke:
A Resolution to compensate the B. & B. Beverage Company for damages to its truck when hit by a vehicle owned by the State Highway Depart ment, and for other purposes.
HR 151-428e. By Mr. Singer of Stewart:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the Clerk of the Superior Court and the Ordinary of Stewart County, and for other purposes.
HB 449. By Messrs. Matthews of Clarke and Bolton of Spalding:
A Bill to be entitled an Act to amend an Act relating to the granting of divorces, and for other purposes.
HR 155-454b. By Mr. Fowler of Tift:
A Resolution to compensate Mrs. Lillian Lord for damages; and for other purposes.
HR 157-454d. By Messrs. Lindsey and Bolton of Spalding:
A Resolution to compensate Nolin Burl Randolph for damages, and for other purposes.
HR 158-454e. By Mr. Love of Catoosa:
A Resolution to compensate T. W. Christian of Ringgold, Georgia for damages resulting from the death of cattle, and for other purposes.
822
JOURNAL OF THE HOUSE,
HB 476. By Messrs. Mauldin of Gordon, Harrell of Grady, Cloud of Decatur, Phillips of Walton, Grimsley of Cook and Upshaw of Bartow:
A Bill to be entitled an Act to amend an Act relating to commercial fertilizers, and for other purposes.
HR 168-477e. By Messrs. H. Smith and Lokey of Fulton:
A Resolution proposing an amendment to the. Constitution, authorizing the creation of Traffic Courts, and for other purposes.
HB 503. By Messrs. Eyler and Sognier of Chatham:
A Bill to be entitled an Act to repeal an Act relating to the sale of unclaimed laundry and cleaning at public outcry; and for other pur poses.
HR 197-5311. By Messrs. Gunter and Williams of Hall: A Resolution to compensate Mrs. Ann H. Meyer; and for other purposes.
HR 198-531m. By Mr. Todd of Glascock:
A Resolution to provide for payment to Charlie B. Swint for damages
to his Ford pickup truck; and for other purposes.
'
HB 532. 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 as to the tax upon dealers in rim-fire pistol and rifle cartridges; and for other purposes.
HB 533. By Messrs. Hardaway and Peters of Meriwether
A Bill to be entitled an Act to amend an Act entitled an Act to provide for the compensation of the Chairman and members of the Board of Commissioners of Meriwether County, and for other purposes.
HB 536. By Mr. Lokey of Fulton:
A Bill to be entitled an Act to amend an Act providing that cities having a population of more than 150,000 shall provide pensions for members of the fire department of such cities, and for other purposes.
HB 537. By Mr. Lokey of Fulton:
A Bill to be entitled an Act to amend an Act entitled an Act for the Protection of the Pension rights of county employees, County School District Teachers and employees and employees of the largest city located in whole or in part in counties having a population of 300,000 or more; to provide pension credits for prior service with subdivisions of government; and for other purposes.
HB 538. By Mr. Barker of Heard: A Bill to be entitled an Act to amend an Act relating to the regula-
THURSDAY, FEBEUARY 9, 1956
823
tion of the installation of warm air heating equipment, and for other purposes.
HB 544. By Messrs. H. Smith and Lokey of Fulton:
A Bill to be entitled an Act to amend an Act creating a Joint CityCounty Board of Tax Assessors in all counties having within its bor ders all or the greater part of the population of 300,000 or more, and for other purposes.
HB 548. By Mr. Parker of Appling:
A Bill to be entitled an Act to amend an Act establishing the City Court of Baxley, and for other purposes.
HB 550. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A Bill to be entitled an Act to amend an Act to create a Civil Service Board in Fulton County, and to provide that the personal secretary and special bailiff or law clerk of the judges of the Superior and Criminal Courts of Fulton County shall not be in the classified service on the date of the approval of this Act, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 551. By Messrs. Mincy and Frier of Ware:
A Bill to be entitled an Act to provide that any political party primary for choosing nominees for county officers in Ware County shall be held on the same day that the State primary for such political party is held for choosing nominees for members of the General Assembly, and for other purposes.
HB 555. By Mr. Jones of Lumpkin:
A Bill to be entitled an Act to authorize the governing authority of Lumpkin County to create and establish restricted zones or districts; and for other purposes.
HB 557. By Mr. Musgrove of Clinch:
A Bill to be entitled an Act to provide that members of the county Boards of Education in counties having a population of not less than 5,970 or more than 6,008, shall be paid a per diem of twenty dollars per day for actual services, and for other purposes.
HB 559. By Mr. Rodgers of Charlton:
A Bill to be entitled an Act to provide that members of the Board of Education in all counties having a population of not more than 4,950 and not less than 4,815, shall be paid the sum of $20.00 for each day's service, not to exceed forty dollars per month, and for other purposes.
824
JOURNAL OF THE HOUSE,
HB 560. By Messrs. Houston and King of Whitfield, Stripling of Coweta, Caldwell and Mallory of Upson, Harrison of Wayne, Wheeler of Seminole and 58 others:
A Bill to be entitled an Act to provide for a change in the salaries of the officers, non commissioned officers and troopers of the Uniform Division of the Department of Public Safety and the members of the Georgia Bureau of Investigation; and for other purposes.
HB 561. By Messrs. Duke and Massee of Baldwin
A Bill to be entitled an Act to amend an Act creating a system of Juvenile Courts in this State, and for other purposes.
HE 204-561c. By Messrs. Sanders, Holley and Chambers of Richmond:
A Resolution authorizing the establishing and leasing of port facilities in Richmond County, and for other purposes.
HB 482. By Mr. Groover of Bibb:
A Bill to be entitled an Act to repeal an Act of the General Assembly of 1943 entitled an Act to authorize and direct the Governor to appoint an advisory committee in each county in which a State Park is located and operated, and for other purposes.
Mr. Twitty of Mitchell moved that the House reconsider its action in failing to pass the following Bill of the House:
HB 473. By Messrs. Moate of Hancock, Harrison of Jeff Davis, Underwood of Montgomery, Ray of Warren and Gillis of Treutlen:
A Bill to be entitled an Act to amend an Act creating the Minimum Foundation Program of Education; and for other purposes.
The motion prevailed, and the Bill was reconsidered.
The Clerk was directed to correct the errors in HB 15.
Mr. Baughman of Early moved that the following Bill of the House be withdrawn from further consideration of the House:
HB 541. By Messrs. Wheeler of Seminole, Cowart of Calhoun and Baughman of Early:
A Bill to be entitled an Act to prohibit the practice of massage, manipulation, or adjusting in the treatment of human ills; and for other purposes.
The motion prevailed, and the Bill was withdrawn from further considera tion of the House.
Mr. M. Smith of Fulton moved that the House reconsider its action in fail ing to pass the following Bill of the House:
THURSDAY, FEBRUARY 9, 1956
825
HB 340. By Mr. M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act 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 motion prevailed, and the Bill was reconsidered.
By unanimous consent, the action of the House in failing to pass the follow ing Bill of the House was reconsidered:
HB 361. By Messrs. Hall, Scoggin and Wright of Floyd:
A Bill to be entitled an Act to amend an Act relating to compensation of members of County Boards of Education; and for other purposes.
Mr. Wheeler of Seminole asked that the following Resolutions of the House be placed on the Calendar for the purpose of considering the unfavorable report of the Committee:
HR 113-319d. By Mr. Wheeler of Seminole:
A Resolution to compensate Roy Hill for injuries; and for other pur poses.
HR 114-319e. By Mr. Wheeler of Seminole:
A Resolution to compensate Emma Mae Bell for the death of her husband; and for other purposes.
HR 115-319f. By Mr. Wheeler of Seminole:
A Resolution to compensate Lillie Ruth Lee of Bascom, Florida for the death of her husband; 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 256. 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 report 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 316. 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 College Park; and for other purposes.
826
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 317. 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 College Park; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 418. By Messrs. H. Smith, Lokey, and M. Smith of Fulton:
A Bill to be entitled an Act to fix the salary of the Clerk of the Supe rior Court of Fulton County; and for other purposes.
The following Substitute was read and adopted:
By Messrs. Lokey, M. Smith and H. Smith of Fulton:
A BILL
An Act to provide that in all counties of this State having a popu lation of 300,000 or more according to the United States Census of 1950 or any future census, the salary of the clerk of the superior court shall be twelve thousand dollars per annum, payable in equal monthly installments; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA and it is hereby enacted by authority of the same, as follows:
SECTION I. In all counties of this State having a population of 300,000 or more according to the United States census of 1950 or any future census, the salary of the Clerk of the Superior Court shall be Twelve Thousand ($12,000.00) per annum, payable in equal monthly installments out of the Treasury said county.
SECTION II. BE IT FURTHER ENACTED that all laws or parts of laws in conflict herewith be and the same are hereby repealed.
The report of the committee which was favorable to the passage of the Bill, was agreed to, by substitute.
On the passage of the Bill, by substitute, the ayes were 106, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
THURSDAY, FEBRUARY 9, 1956
827
HB 444. By Mr. Russell of Barrow:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Auburn; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 107, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 469. By Messrs. H. Smith, Lokey, and M. Smith of Pulton:
A Bill to be entitled an Act to amend an Act entitled an Act to author ize the governing authority of the several municipalities of this State to enact zoning and planning ordinances and 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 108, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 480. By Mr. Barber of Jackson:
A Bill to be entitled an Act to amend an Act entitled an Act to estab lish the City Court of Jefferson, in the City of Jefferson; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 109, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 487. By Mr. Smith of Evans:
A Bill to be entitled an Act to amend an Act establishing the City Court of Claxton; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
828
JOURNAL OF THE HOUSE,
HB 488. By Mr. Russell of Barrow:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Winder; and for other purposes.
The report 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 489. By Mr. Russell of Barrow:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Winder; and for other purposes.
The report 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 490. By Mr. Killingsworth of Clay:
A Bill to be entitled an Act to extend the Jurisdiction of the Court of Ordinary of the County of Clay; and for other purposes.
The report 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 341. 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 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 for other purposes.
The following amendment was read and adopted:
Amend HB 341 (Civil Court Amendment, by Messrs. Smith, Lokey and Smith of Fulton), as follows:
1.
Amend the title to the Act by adding in front of the language, "to enact a separability clause", the words "to fix the salaries for the judges of said Court".
THURSDAY, FEBRUARY 9, 1956
829
2.
Insert a new section to be known as "Section 14-a" as follows:
"Section 14-a. The annual salary of the chief judge of said court shall be $12,600.00, and the annual salary of the associate judges of said court shall be $12,100.00, and shall be paid in equal monthly installments upon vouchers approved by the chairman of the Board of Commissioners of Roads and Revenues of Fulton County, or his order, and drawn upon the County Treasurer of Fulton County; provided, that no judge or other official of said court shall receive to his own use any fees or perquisites of office."
The report of the committee which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 114, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 491. By Messrs. Lokey, M. Smith, and H. Smith of Fulton:
A Bill to be entitled an Act to amend an Act authorizing the Board of Commissioners of Roads and Revenues for Fulton County to estab lish rules and regulations governing the payment of pensions to county employees in said county; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 492. By Mr. Russell of Barrow:
A Bill to be entitled an Act to amend an Act to provide and establish a new charter for the City of Winder; and for other purposes.
The following amendment was read and adopted:
Russell of Barrow moves to amend HB 492 by striking Section 3 in its entirety and adding in lieu thereof the following:
Section 3. Not less than twenty (20) days nor more than thirty (30) days after tne date of the approval of this Act by the Governor, it shall be the duty of the Ordinary of Barrow County to issue a call for an election for the purpose of submitting this Act to the legally qualified voters who reside within the proposed territory to be annexed to the City of Winder, for the approval or rejection of this Act, by said voters at said election. The date of the election shall be set for a day not less than twenty (20) days nor more than thirty (30) days after the date of the issuance of the call by said Ordinary of Barrow County. The date and purpose of said election shall be published in
830
JOURNAL OF THE HOUSE,
the official newspaper of Barrow County, Georgia. The ballots shall have printed thereon the words: "For approval of the 1956 Act annex ing named territories in Barrow County into the City of Winder." And, "Against approval of the 1956 Act annexing new areas in Barrow County into the City of Winder."
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 an election, which shall be the qualified voters residing in the territory to be annexed, vote for approval of the Act, then it shall be come of full force and effect 60 days after such election. If a majority of those persons voting in such election, as aforesaid, vote against approval of the Act, then it shall be void and of no force and effect. The qualified voters in the areas proposed to be annexed shall vote in that precinct in which they vote in general elections. Expense for such election shall be borne by the City of Winder. It shall be the duty of the Ordinary of Barrow County to hold and conduct such elec tion. It shall be the duty of the Registrars of Barrow County, to furnish a list of the qualified voters residing in the affected area at least 10 days before said election. It shall be the duty of the Ordinary of Barrow County to canvass the returns and declare and certify the results of the election to the Board of Commissioners of the City of Winder, Boards of Commissioners of Roads and Revenues of Barrow County, and to the Secretary of State of the State of Georgia.
Provided that for a period of thirty (30) days before said elec tion there shall be placed on all roads a sign designating the site or location of the proposed city limits.
Section 4. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
The report of the committee which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 494. By Messrs. Chambers, Holley, and Sanders of Richmond:
A Bill to be entitled an Act vesting in the City of Augusta Power and Authority to sell and convey by warranty deed executed by the Mayor and Clerk of Council to Sears, Roebuck & Company for $377,250.00, the fee simple title to all that certain tract or parcel of land in the City of Augusta, 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 117, nays 0.
THURSDAY, FEBRUARY 9, 1956
831
The Bill, having received the requisite constitutional majority, was passed.
HB 495. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A Bill to be entitled an Act to amend an Act to provide for a budget in all counties of this State having a population of two hundred thousand or more by the United States census of 1930; and for other purposes.
The report 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 496. By Mr. Jordan of Wheeler:
A Bill to be entitled an Act to create additional compensation for the Sheriff of Wheeler County; and for other purposes.
The following Substitute was read and adopted:
By Mr. Jordan of Wheeler:
A BILL
To be entitled an Act to provide for additional funds to be paid the Sheriff of Wheeler County in lieu of mileage allowances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. The Sheriff of Wheeler County, in addition to the fees which he receives, shall be paid the sum of $150.00 per month in lieu of any mileage allowances now received by said Sheriff. Such sum shall be paid from the funds of Wheeler County.
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
The report of the committee which was favorable to the passage of the Bill, was agreed to, by substitute.
On the passage of the Bill, by substitute, the ayes were 119, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 497. By Mr. Fain of Franklin:
A Bill to be entitled an Act to amend an Act incorporating the City of Franklin Springs; and for other purposes.
832
JOURNAL OP THE HOUSE,
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 498. By Mr. Jordan of Wheeler:
A Bill to be entitled an Act to amend an Act creating the offices of Tax Collector, Tax Collector and County Treasurer, of the County of Wheeler; and for other purposes.
The report 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 499. 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.
The report 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 500. By Messrs. Hall, Scoggin and Wright of Floyd:
A Bill to be entitled an Act to amend an Act to create a new charter and municipal government for the City of Rome; and for other pur poses.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 123, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 504. By Messrs. H. Smith, Lokey, and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act entitled an Act to sup plement the salaries of Judges of the Superior Court of Fulton County as paid by the State, from the Treasury of Fulton County; to fix the sums to be so paid; and for other purposes.
THURSDAY, FEBRUARY 9, 1956
833
The report 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 505. By Messrs. Lokey, M. Smith, and H. Smith of Fulton:
A Bill to be entitled an Act to amend an Act to provide for a budget in all counties of this State having a population of two hundred thou sand or more by the United States Census of 1930; and for other purposes.
The report 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 506. 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.
The report 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 507. By Messrs. Register and Mathis of Lowndes;
A Bill to be entitled an Act to amend an Act providing for the regula tion of the installation of warm air heating equipment; and for other purposes.
The report 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 508. By Mr. Land of Wilkinson:
A Bill to be entitled an Act to repeal an Act to incorporate the Town of Allentown in the County of Wilkinson; and for other purposes.
834
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 128, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 510. By Mr. Rodgers of Charlton:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for the County of Charlton; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 129, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 512. By Mr. Murphy of Haralson:
A Bill to be entitled an Act to authorize the governing authority of the City of Bremen, in Haralson County to levy an additional tax for educational purposes; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 130, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
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 Town of Acworth; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 513. By Messrs. Duncan and Perkins of Carroll:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Whitesburg; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
THURSDAY, FEBRUARY 9, 1956
835
On the passage of the Bill, the ayes were 131, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 515. By Mr. Hendrix of Long:
A Bill to be entitled an Act to amend an Act to provide that the Ordi nary of Long County shall receive $50.00 per month in additional fees; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 132, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 516. By Mr. Roughton of Washington:
A Bill to be entitled an Act to amend an Act creating the city charter of Sandersville; and for other purposes.
The report 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 517. By Messrs. Matthews and Stephens of Clarke:
A Bill to be entitled an Act to amend an Act relating to Clarke County Fire, Sanitation, and Sewerage Districts; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 103, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 518. By Messrs. Kelley and Kilgore of Gwinnett:
A Bill to be entitled an Act to amend an Act creating a new charter for 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 104, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
836
JOURNAL OF THE HOUSE,
HB 519. By Messrs. Perkins and Duncan of Carroll:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues for Carroll County; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 520. By Messrs. Perkins and Duncan of Carroll:
A Bill to be entitled an Act to amend an Act establishing the City Court of Carrollton; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 106, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 521. By Messrs. Perkins and Duncan of Carroll:
A Bill to be entitled an Act to amend an Act creating the City Court of Carrollton; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 107, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 523. By Messrs. Lokey, M. Smith, and H. Smith of Fulton:
A Bill to be entitled an Act to amend an Act to establish the criminal 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 108, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 524. By Messrs. Lindsey and Bolton of Spalding: A Bill to be entitled an Act to provide that the Board of Commissioners
THURSDAY, FEBRUARY 9, 1956
837
of Roads and Revenues of Spalding County shall be the agency of cooperate with the Georgia Agricultural Extension Service in the em ployment of the County Agricultural Agent and the County Home Demonstration Agent; and for other purposes.
The report 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 526. By Messrs. Lam and Birdsong of Troup:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for 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 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 527. By Messrs. Short and Barber of Colquitt:
A Bill to be entitled an Act to amend the Charter of the City of Moultrie; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 68. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend Section 34-1904 of the Code of Georgia of 1933 providing for ballots in elections other than primary elections, by adding a proviso applicable to municipal elections in cer tain cities; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 113, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
838
JOURNAL OP THE HOUSE,
SB 86. By Senator Millican of the 52nd:
A Bill to be entitled an Act to apply only to counties having a popula tion of not less than 300,000 by the last or any future decennial census of the United States; to direct the Commissioners of Roads and Reve nues thereof to pay to the Board of Education certain 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 114, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 91. By Senators Millican of the 52nd and Turner of the 34th:
A Bill to be entitled an Act to amend an Act establishing a new char ter 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 121. By Senator Matthews of the 47th:
A Bill to be entitled an Act to amend an Act to create a Board of Commissioners of Colquitt County; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the follow ing Bills and Resolutions of the Senate and House to wit:
SB 52. By Senator Dews of the 9th:
A Bill to be entitled an Act to provide that no schools in any county shall be consolidated without a vote of the persons living in the af fected county; to provide for a commission to submit its findings as to the location of any proposed consolidated school; to prescribe the
THURSDAY, PEBRUAEY 9, 1956
839
procedure connected with the foregoing; to repeal conflicting laws; and for other purposes.
SB 90. By Senator McDonald of the 43rd:
A Bill to be entitled an Act to authorize the clerk of the superior court or ordinary of any county of the State to install and use photostatic equipment or other photographic equipment in copying; and for other purposes.
SB 120. By Senators Steis of the 25th and Ricketson of the 19th:
A Bill to be entitled an Act to provide for the issuance of automobile license tags to disabled veterans; to prescribe the procedure con nected therewith; to repeal conflicting laws; and for other purposes.
SB 132. By Senator Blalock of the 36th:
A Bill to be entitled an Act to amend an Act to establish a City Court of Newnan, to define its jurisdiction and powers, to provide for the appointment of the judge and other officers thereof, to define their powers and duties; and for other purposes.
SB 133. By Senators Millican of the 52nd, Lovett of the 16th and,Hollis of the 24th:
A Bill to be entitled an Act to amend the Act creating the Department of Public Safety for Georgia by changing the duties of the Georgia State Patrol and for other purposes.
HB 184. By Messrs. Groover of Bibb, Lavender of Elbert and others:
A Bill to be entitled an Act to repeal an Act entitled an Act to create the Georgia Citizens Council; and for other purposes.
HB 368. By Mr. Todd of Glascock:
A Bill to be entitled an Act to consolidate the offices of Tax Receiver and Tax Collector of Glascock County into the office of Tax Commis sioner of Glascock County; and for other purposes.
HR 19-64d. By Mr. Green of Rabun:
A Resolution to compensate Mr. Carlton Coleman and Mrs. Evelyn Law Thomas of Rabun County for damages to their automobile; and for other purposes.
HR 46-129b. By Mr. Lowe of Oglethorpe: A Resolution to compensate W. W. Armistead; and for other purposes.
HR 66-200a. By Messrs. Cornelius and McKelvey of Polk:
A Resolution to compensate George B. Stoffragen for damages to his automobile; and for other purposes.
840
JOURNAL OF THE HOUSE,
HE 80-214e. By Mr. Callier of Talbot:
A Resolution authorizing payment for damages to Mr. Lincoln For tune; and for other purposes.
HR 88-261b. By Messrs. Kelley and Kilgore of Gwinnett:
A Resolution compensating Ernest and Dorothy Brooks for damages; and for other purposes.
HR 89-261c. By Messrs. Kelley and Kilgore of Gwinnett:
A Resolution to compensate Mr. George H. Verner, Mr. Arthur E. Verner and Miss Anne E. Verner; and for other purposes.
HR 93-261g. By Mr. Peacock of Dodge:
A Resolution to compensate Hal S. Martin for the damages inflicted upon his automobile; and for other purposes.
HR 96-261i. By Mr. Barber of Jackson:
A Resolution to compensate the Jackson Electric Membership Coopera tive for damages to electric transmission lines; and for other purposes.
The Senate has passed by substitute by the requisite constitutional majority the following Bill of the House to wit:
HB 192. By Messrs. Groover of Bibb, Lavender of Elbert and others:
A Bill to be entitled an Act to amend an Act providing a uniform method of fixing, limiting and restricting the salaries, allowances and travel expenses of certain State Officials; and for other purposes.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:
SB 52. By Senator Dews of the 9th:
A Bill to be entitled an Act to provide that no schools in any county shall be consolidated without a vote of the persons living in the af fected county, and for other purposes.
Referred to the Committee on Education #1.
SB 90. By Senator McDonald of the 43rd:
A Bill to be entitled an Act to authorize the clerk of the Superior Court or the Ordinary of any county of the State to install and use photostatic equipment or other photographic equipment in copying and for other purposes.
Referred to the Committee on State of Republic.
THURSDAY, FEBRUARY 9, 1956
841
SB 120. By Senators Steis of the 25th and Ricketson of the 19th:
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 Veterans Affairs.
SB 133. By Senators Millican of the 52nd, Lovett of the 16th and Hollis of the 24th:
A Bill to be entitled an Act to amend the Act creating the Department of Public Safety by changing the duties of the Georgia State Patrol, and for other purposes.
Referred to the Committee on State of Republic.
SB 132. By Senator Blalock of the 36th:
A Bill to be entitled an Act to amend an Act to establish a City Court of Newnan, to define its jurisdiction and powers, to appoint a judge and other officers thereof, and for other purposes.
Referred to the Committee on Municipal Government.
Under the regular order of business, the following Bill of the House was taken up for consideration and read the third time:
HB 529. By Messrs. Groover of Bibb, Lavender of Elbert, Blalock of Clayton, Coker of Cherokee, and Chastain of Thomas:
A Bill to be entitled an Act to create a State Property Insurance Fund: To provide for a Board to administer said Fund, to provide for insur ance and/or co-insurance of State Property by said fund, to provide for the investment of said fund, to provide for additions to said fund, to provide for the determination of a maximum for said fund; and for other purposes.
The Speaker resolved the House into the Committee of the Whole House to consider HB 529, and designated Mr. Smith of Emanuel as the Chairman thereof.
The Committee of the Whole arose and through its Chairman, reported HB 529 back to the House with the recommendation that the same do pass.
The previous question was called.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the Speaker ordered the roll call and the vote was as follows:
842
JOURNAL OF THE HOUSE,
Those voting in the affirmative were Messrs.:
Adams Alien Ayers
Barber of Colquitt Barber of Jackson Baughman Birdsong Black Blalock Bloodworth Bodenhamer Bolton Brown Campbell Carlisile Cason Gates Chambers Chastain Cheatham Cheek Clary Cloud Coker of Walker Cornelius Cowart Coxwell Deal Dean of Rockdale Deen of Bacon Denmark Denson Dozier Drinkard Duke
Elder English Eyler Fain Fordham Foster Fowler of Douglas Freeman
Frier Garrard Gilleland Gillis Green of Rabun
Grimsley Groover
Gross of Stephens Harrell Harrison of Jeff Davis Harrison of Wayne Hawkins
Hayes Henderson Hendrix Hodges Hogan Holley Hudson Hurst Ivey Jackson Jessup Johnson of Jenkins Johnson of Gihner Jones of Lumpkin Jones of Sumter Jordan Kelley Kennedy of Turner Kennedy of Tattnall Key Killingsworth King of Chattahoochee King of Pike Lam Land Larkins Lindsey Long Love Mackay Martin Mashburn Matheson of Hart Mathis of Lowndes McCracken McGarity McKelvey McKenna McWhorter Mincy Mobley
Moore
Murphey of Crawford Nilan Odom Palmer Parker Pelham Peters
Phillips of Columbia Potts Raulerson Ray Reed Roughton Rowland Russell Rutland Sanders Short Sivell Smith of Evans Smith of Emanuel Sognier Souter Stephens of Clarke Stevens of Marion Strickland Stripling Tamplin Tanner Todd Truelove Turk Twitty Underwood of Bartow Underwood of
Montgomery Upshaw Watson Weems Wheeler Willingham Willis Wilson of Towns Wilson of Peach Wooten Wright Young
Those voting in the negative were Messrs.:
Jones of Worth
Killian
M. M. Smith of Fulton
On the passage of the Bill, the ayes were 143, nays 3.
THURSDAY, FEBRUARY 9, 1956
848
The Bill, having received the requisite constitutional majority, was passed.
Under the regular order of business, the following Bill of the House was again taken up for consideration:
HB 473. By Messrs. Harrison of Jeff Davis, Underwood of Montgomery, Ray of Warren, Jones of Lumpkin, and Jordan of Wheeler:
A Bill to be entitled an Act to amend an Act creating the Minimum Foundation Program of Education in Georgia; and for other purposes.
The following amendment was read and adopted:
Mr. Nightingale of Glynn moves to amend HB 473 by striking the words "a majority" wherever they occur in said Bill and substituting in lieu thereof the words "three-fourths".
An amendment offered by Mr. Mathis of Lowndes 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 Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Bagby Barber of Colquitt Baughman Bentley Bolton Brown Callier Campbell Carlisle Cason Gates Chambers Cheatham Clary Coker of Cherokee Coker of Walker Cornelius Cowart Coxwell Dean of Rockdale Deen of Bacon Denmark Denson Drinkard Duke Edenfield English
Eyler Foster Fowler of Douglas Fowler of Tift Frier Garrard Gilleland Gillis Greene of Crisp Gunter Harrell Harrison of Jeff Davis Harrison of Wayne Hayes Hendrix Hodges Hogan Holley Houston Huddleston Hudson Hurst Ivey Jessup Johnson of Jenkins Jones of Lumpkin Jones of Laurens
Jordan Kennedy of Turner Kennedy of Tattnall Key Kilgore Killingsworth King of Chattahoochee Land Lanier Larkins Lavender Lindsey Long Love Mackay Mallory Mashburn Matthews McCracken McGarity McKelvey Mincy Moore Murphy of Haralson Odom Parker Pelham
844
JOURNAL OP THE HOUSE,
Perkins Peters Phillips of Columbia Pickard Ramsey Raulerson Ray Reed Rodgers Roughton Rutland Sanders
Sheffield Smith of Evans Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton Sognier Souter Stephens of Clarke Strickland Tanner Todd Turk
Twitty Underwood of Bartow Underwood of
Montgomery Upshaw Watson Williams Willingham Wilson of Peach Wooten Wright
Those voting in the negative were Messrs.:
Adams Alien Ayers Birdsong Black Chastain Cheek Dozier Elder Fain Freeman Green of Rabun Grimsley Groover Gross of Stephens
Henderson Jackson Johnson of Gilmer Jones of Worth Jones of Sumter Kelley Killian King of Pike Lam Martin Matheson of Hart Mathis of Lowndes McWhorter Murphey of Crawford Murr
Musgrove Palmer Potts Register Rowland Sivell Stevens of Marion Stripling Tamplin Veal Weems Willis Wilson of Towns Young
On the passage of the Bill, as amended, the ayes were 115, nays 44.
The Bill, having received the requisite constitutional majority, was as amended.
Mr. Floyd of Chattooga requested that the Journal show that if he had been present he would have voted "no" on HB 473.
Mr. Gross of Dade requested that the Journal show that if he had been present he would have voted "no" on HB 473.
Under the regular order of business, the following Bill of the House was taken up for consideration and read the third time:
HB 531. By Messrs. Groover of Bibb, Blalock of Clayton, Coker of Cherokee, and Chastain of Thomas:
A Bill to be entitled an Act to amend Code Section 101-205, relating to the distribution of laws, journals and reports to the courts; and for other purposes.
The previous question was ordered.
THURSDAY, FEBRUARY 9, 1956
845
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
Under the regular order of business, the following Bill of the House was again taken up for consideration:
HB 71. By Messrs. Sognier, Cheatham, and Eyler of Chatham:
A Bill to be entitled an Act to require all defendants in bastardy, wife-beating, and abandonment cases are tried in Superior Court in this State to be tried on accusations and to provide that indictments may not be demanded in such courts for defendants charged with the said offenses; and for other purposes.
The following substitute was read and adopted:
By Mr. Sognier of Chatham:
An Act to provide that in misdemeanor cases in which the defendant is charged with the offense of bastardy, wife-beating, or abandonment, trial may be had in all Superior Courts of this State upon accusation unless the defendant shall in writing prior to his plea demand indict ment by a grand jury.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA AND IT IS HEREBY ENACTED BY AUTHORITY OF THE SAME:
Section 1. In misdemeanor cases in which the defendant is charged with the offense of bastardy, wife-beating or abandonment, trial may be had in all Superior Courts of this State upon accusation unless the defendant shall in writing prior to his plea demand indictment by a Grand Jury.
Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act are hereby repealed.
By unanimous consent, a committee amendment was withdrawn.
The previous question was ordered.
The main question was ordered.
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 Speaker ordered the roll call and the vote was as follows:
846
JOURNAL OF THE HOUSE,
Those voting in the affirmative were Messrs.:
Adams Baughman Bentley Birdsong Black Blackburn Bloodworth Brown Caldwell Callier Campbell Carlisle Cason Chambers Chastain Cheatham Cheek Clary Cloud
Coker of Cherokee Coker of Walker Cornelius Cowart Deen of Bacon Denson Dozier Drinkard Duke Elder English Eyler Pordham Foster Fowler of Douglas Freeman Frier Garrard Gillis Green of Rabun Greene of Crisp Grimsley Groover
Gross of Stephens Gross of Dade Gunter Hall Hardaway Harrell Harrison of Wayne Hawkins Hodges Hogan Holley Houston Hudson Ivey 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 Killingsworth King of Pike Lam Land Lanier Larkins Lindsey Long Love Mackay Mallory Martin Matheson of Hart Mathis of Lowndes Matthews
McCracken McKelvey McKenna McWhorter Mobley Murphey of Crawford Musgrove Nightingale Palmer Parker Peacock Phillips of Columbia Phillips of Walton Potts Ramsey Raulerson Ray Roughton Rowland Rutland Sanders Short Sivell Smith of Evans Hoke Smith of Fulton M. M. Smith of Fulton Sognier Stevens of Marion Stripling Twitty Underwood of Bartow Veal Watson Weems Williams Willingham Willis Wilson of Towns Wooten Wright Young
Those voting in the negative were Messrs.:
Alien Ayers Henderson
Jackson Moore Reed
Strickland
On the passage of the Bill, by substitute, the ayes were 126, nays 7.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
THURSDAY, FEBRUARY 9, 1956
847
The Bill was ordered immediately transmitted to the Senate.
Mr. Odom of Camden rose to a Point of Personal Privilege and addressed 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 433. By Messrs. Freeman of Monroe and Blackburn of Habersham:
A Bill to be entitled an Act to amend Section 32-912 of the Code of Georgia, relating to the powers, duties and suspension of the county superintendent of schools; and for other purposes.
The following amendment was read and adopted:
Messrs. Carlisle of Bibb and Nightingale of Glynn moves to amend HB 433 by adding the following at the end of Section 1: "The provisions of this Act shall not apply to school systems created prior to the adoption of the Constitution of 1877."
The previous question was ordered.
The main question was ordered.
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 7.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 467. By Messrs. Groover of Bibb and Chastain of Thomas:
A Bill to be entitled an Act to prescribe fees for the renewal of pro fessional licenses, to require annual renewal of professional licenses; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 109, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
848
JOURNAL OF THE HOUSE,
HB 485. By Messrs. Groover of Bibb, Key of Jasper, Brannen of Dooly, Ray of Warren, Twitty of Mitchell, Hawkins of Screven, and Hall of Floyd:
A Bill to be entitled an Act to amend an Act providing a uniform method of fixing, limiting, and restricting the salary, allowances and travel expense of certain State officials; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the bill, the Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Ayers Bagby
Barber of Jackson Baughman Bentley Birdsong Black Blackburn Blalock Bodenhamer Brown Caldwell Carlisle Cason Gates Chambers Cheatham Cheek Cocke Coker of Cherokee Coker of Walker Cornelius Cowart Coxwell Deal Dean of Rockdale Deen of Bacon Denmark Denson Duke Duncan English Eyler
Fordham Foster Fowler of Douglas Fowler of Tift Freeman Garrard Gilleland Green of Rabun Greene of Crisp Grimsley Groover Gross of Dade Gunter Hall Harrell Hawkins Hayes Henderson Hendrix Hodges Hogan Holley Huddleston Hudson Ivey Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Lumpkin Jones of Laurens Jones of Sumter Kelley Kennedy of Turner Key
Killian Killingsworth King of Pike Kitchens Lam Land Lanier Larkins Lavender Lindsey Lokey Long Love Mackay Mallory Martin Matheson of Hart Mathis of Lowndes McCracken McGarity McKelvey McWhorter Mobley Moore Murphey of Crawford Murphy of Haralson Musgrove Nilan Odom Palmer Perkins Phillips of Columbia Phillips of Walton Potts Ramsey
THURSDAY, FEBRUARY 9, 1956
849
Raulerson Ray Reed Register Rodgers Roughton Rowland Russell Rutland Sanders Scoggin Sheffield Short Singer
Sivell Smith of Evans Smith of Emanuel Hoke Smith of Pulton M. M. Smith of Fulton Sognier Souter Stephens of Clarke Strickland Stripling Tamplin Tanner Todd Turk
Twitty Underwood of Bartow Underwood of
Montgomery Upshaw Veal Weems Williams Willingham Wilson of Towns Wooten Wright Young
On the passage of the Bill, the ayes were 145, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The Bill was ordered immediately transmitted to the Senate.
Mr. Gillis of Treutlen requested the Journal to show that if he had been present he would have voted for the passage of HB 485.
HB 486. By Messrs. Moate of Hancock, Groover of Bibb, Key of Jasper, Brannen of Dooly, Ray of Warren, Twitty of Mitchell, and Hawkins of Screven:
A Bill to be entitled an Act to amend Code Section 5-105, relating to the salary of the Commissioner of Agriculture and his clerk; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Ayers Bagby Barber of Jackson Baughman Bentley Birdsong Black Blackburn
Blalock Bodenhamer Brown Caldwell Carlisle Cason Gates Chambers Cheatham Cheek
Cocke Coker of Cherokee Coker of Walker Cornelius Cowart Coxwell Deal Dean of Rockdale Deen of Bacon Denmark
850
JOURNAL OP THE HOUSE,
Denson Duke Duncan English Eyler Fordham Foster Fowler of Douglas Fowler of Tift Freeman Garrard Gilleland Green of Rabun Greene of Crisp Grimsley Groover Gross of Dade Gunter Hall Harrell Hawkins Hayes Henderson Hendrix Hodges Hogan Holley Huddleston Hudson Ivey Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Lumpkin Jones of Laurens Jones of Sutnter Kelley Kennedy of Turner
Key Killian Killingsworth King of Pike Kitchens Lam Land Lanier Larkins Lavender Lindsey Lokey Long Love Mackay Mallory Martin Matheson of Hart Mathis of Lowndes McCracken McGarity McKelvey McWhorter Mobley Moore Murphey of Crawford Murphy of Haralson
Musgrove Nilan Odom Palmer Perkins Phillips of Columbia Phillips of Walton Potts Ramsey Raulerson Ray Reed
Register Rodgers Roughton Rowland 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 Strickland Stripling Tamplin Tanner Todd Turk Twitty Underwood of Bartow Underwood of
Montgomery Upshaw Veal Weems Williams Willingham Wilson of Towns Wooten Wright Young
On the passage of the Bill, the ayes were 145, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The Bill was ordered immediately transmitted to the Senate.
Mr. Gillis of Treutlen requested the Journal show that if he had been present he would have voted for the passage of HB 486.
HB 274. By Mr. Lanier of Candler:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety, and providing for the issuance, suspension, and revo cation of driver's licenses; and for other purposes.
THURSDAY, FEBRUARY 9, 1956
851
The following Committee Amendment was read and adopted:
The Committee moves to amend HB 274 by adding the following as Section 3, and renumbering the repealing clause as Section 4:
"Section 3. No license tag shall be issued for a motorscooter that contains a motor which has horsepower in excess of five (5) horse power, and it shall be unlawful for any person to operate a motor scooter that has power in excess of five (5) horsepower and anyone guilty of such offense shall be punished as for a misdemeanor."
The previous question was ordered.
The main question was ordered.
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 Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Ayers Barber of Jackson Baughman Birdsong Black Blackburn Blalock Brown Carlisle Cason Gates Chambers Chastain Cheatham Cheek Clary Cloud Cocke Coker of Cherokee Coker of Walker Cornelius Cowart Coxwell Deal Dean of Rockdale Deen of Bacon Denmark Denson Duncan English
Floyd Fordham Foster Fowler of Douglas Fowler of Tift Garrard Gilleland Green of Rabun Greene of Crisp Groover Gross of Stephens Gross of Dade Gunter Hall Harrell Hawkins Hayes Henderson Hendrix Hodges Hogan Holley Houston Hudson Ivey Jessup Johnson of Jenkins Johnson of Gilmer Jones of Lumpkin Jones of Laurens Jones of Sumter Jordan
Kelley Key Killian King of Pike Lam Land Lanier Larkins Lavender Long Love Mackay Mallory
Martin Matheson of Hart Mathis of Lowndes McCracken McGarity McKelvey McWhorter Mobley Murphy of Haralson Musgrove Nilan Odom Palmer Perkins Phillips of Columbia Phillips of Walton Pickard Ramsey Raulerson
852
JOURNAL OF THE HOUSE,
Ray Reed Register Roughton Rowland Russell Rutland Sanders Short Singer Smith of Evans
Hoke Smith of Pulton Sognier Souter Stephens of Clarke Strickland Stripling Tamplin Tanner Todd Turk Twitty
Underwood of Montgomery
Upshaw Watson
Weems Wheeler Williams Willingham Wilson of Towns Wooten Young
Those voting in the negative were Messrs.:
Dozier
Duke Fain Huddleston
Jackson
Murphey of Crawford Scoggin Sivell
Smith of Lumpkin Veal Wright
On the passage of the Bill, as amended, the ayes were 132, nays 11.
The Bill, having received the requisite constitutional majority, was passed, as amended.
The Speaker announced that the House recessed until 1:00 o'clock, P. M.
AFTERNOON SESSION The Speaker called the House to order.
The following Resolution was read and adopted:
HR 210. By Mr. Fowler of Tift: A Resolution to authorize the Western and Atlantic Railroad Com mittee to inspect the Western and Atlantic Railroad property; and for other purposes.
Under the regular order of business, the following Bill of the Senate was taken up for the purpose of considering the Conference Committee Report thereon:
SB 19. By Senators Matthews of the 47th and Dean of the 40th:
A Bill to be entitled an Act to amend an Act to provide for and authorize the Commissioner of Agriculture to establish farmers' mar kets in this State; and for other purposes.
The following Conference Committee Report was read:
Mr. President, Mr. Speaker:
We, the undersigned, Members of Conference Committee on Senate Bill No. 19 have agreed to following conference amendment:
THURSDAY, FEBRUARY 9, 1956
853
"Ripe peaches, cantaloupes, tomatoes and, etc., shall not be classed as cull produce when sold in Georgia for local consumption.
On the Part of Senate: Senators Dean of 40th Matthews of 47th Morrison of 15th
On the Part of House: Wilson of Peach Fowler of Tift Gates of Burke
Mr. Gates of Burke moved that the House adopt the Conference Committee Report on SB 19.
On the motion to adopt, the Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Ayers Bagby
Barber of Jackson Bentley Birdsong
Blackburn Caldwell Campbell Carlisle Gates Chambers Cheatham Cheek Clary Cocke Coker of Cherokee Coker of Walker Cowart Coxwell Deal Dean of Rockdale Deen of Bacon Denmark Duke English Eyler Floyd Fordham Frier Gilleland Green of Rabun Greene of Crisp Groover Gross of Stephens Hall
Hardaway Harrell Harrison of Wayne Henderson Hendrix Hodges Hogan Houston Hudson
Ivey Jackson Jones of Worth Jones of Laurens Jones of Sumter Kelley Kennedy of Turner Kennedy of Tattnall
Key Kilgore Killingsworth Kitchens Lam Land Larkins Lavender Lokey Love Mackay Mallory Martin Matheson of Hart Mathis of Lowndes McCracken McGarity McKenna
Mincy Mobley
Moore Mull Murphey of Crawford Murphy of Haralson Murr Musgrove Odom Peacock Peters Pettey Phillips of Columbia Phillips of Walton Pickard Raulerson Reed Rodgers Rowland Sanders Hoke Smith of Fulton M. M. Smith of Fulton Sognier Souter Tamplin
Todd Underwood of
Montgomery Upshaw Weems Wheeler Willingham Wilson of Peach
Wright Young Mr. Speaker
(Moate)
854
JOURNAL OP THE HOUSE,
On the motion to adopt, the ayes were 107, nays 0.
The Conference Committee Report on SB 19 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 442. By Mr. Key of Jasper:
A Bill to be entitled an Act to amend an Act to limit the effect of the time for enforcing conveyances of real property to secure debt by pro viding for a reversion of title; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, Mr. Key of Jasper 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 Alien Ayers Bagby Barber of Colquitt Bentley Birdsong Black Blackburn Blalock Brown Caldwell Campbell Carlisle Cason Gates Chambers Cheatham Cheek Clary Cocke Coker of Cherokee Coker of Walker
Cowart Coxwell Deal
Dean of Rockdale Deen of Bacon Denmark Denson Duke Eyler Fordham Poster Freeman Garrard Gilleland Green of Rabun Greene of Crisp Groover Gross of Stephens Gunter Hall Harrison of Wayne Hawkins Hayes Hendrix Hodges Hogan Holley
Ivey
Jackson
Johnson of Gilmer Jones of Laurens Jones of Sumter Kelley Kennedy of Turner Kennedy of Tattnall Key Kilgore Killian Killingsworth King of Pike Lam Land Lanier Larkins Lavender Love Mallory Martin Matheson of Hart Mathis of Lowndes McCracken McGarity McKenna Mincy Mobley
THURSDAY, FEBRUARY 9, 1956
855
Moore Murphey of Crawford Murr Musgrove Nilan Odom Peters Phillips of Walton Pickard Potts Ramsey Ray Reed Rodgers Roughton
Rowland Russell Sanders Short Smith of Evans Smith of Emanuel M. M. Smith of Pulton Sognier Souter Strickland Stripling Tamplin Tanner Todd Turk
Underwood of Bartow Underwood of
Montgomery Upshaw Veal Watson Wheeler Willingham Wilson of Towns Wilson of Peach Wooten Wright Young
Voting in the negative was Mr. Williams.
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 immediately transmitted to the Senate.
Under the regular order of business, the following Bill was again taken up for consideration:
HB 340. By Mr. M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act to repeal an Act providing for the securing of a license from county authorities to sell fireworks; and for other purposes.
Mr. Stripling of Coweta moved the previous question and the call was sustained.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 109, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
The Bill was ordered immediately transmitted to the Senate.
Under the regular order of business, the following Bills of the House and Senate were taken up for consideration and read the third time.
856
JOURNAL OP THE HOUSE,
HB 131. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to amend Code Chapter 25-1 relating to Credit Unions, so as to provide for increasing the borrowing power of credit unions; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 107, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 98. By Senators Harden of the 27th, Davis of the 42nd, Ponsell of the 5th and others:
A Bill to be entitled an Act known as the Georgia Military Forces Reorganization Act so as to change the description of the flag of the State of Georgia, to provide a custodian for the flag and for distribu tion thereof; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, 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 Alien Bagby Barber of Jackson Baughman Birdsong Blalock Blackburn Blalock Brown Callier Campbell Cason Gates
Chastain Cloud Cocke Coker of Cherokee Coker of Walker Cowart Coxwell Dean of Rockdale Deen of Bacon Denmark Denson Drinkard Duke Duncan
Elder English Fain Floyd Fordham Foster Fowler of Douglas Garrard Gilleland Gillis Green of Rabun Greene of Crisp Groover Gross of Stephens
THURSDAY, FEBRUARY 9, 1956
857
Hardaway Harrison of Wayne Hawkins Hendrix Hodges Hogan Houston Hudson Ivey Jessup Johnson of Jenkins Johnson of Gilmer Jones of Worth Jones of Laurens Jones of Sumter Jordan Kelley Kennedy of Turner Kennedy of Tattnall Key Kilgore Killian
Killingsworth King of Pike Lanier Larkins Lavender Martin Matheson of Hart Mathis of Lowndes Matthews Mauldin McGarity Moore Murphey of Crawford Murr Musgrove Odom Perkins Peters Phillips of Columbia Phillips of Walton Raulerson Reed
Register Rodgers Roughton Russell Scoggin Sheffield Sivell Smith of Evans Souter Stevens of Marion Tamplin Todd Turk Underwood of Bartow Underwood of
Montgomery Upshaw Weems Wheeler Willingham Wilson of Peach Wooten
Those voting in the negative were Messrs.:
Ayers Bentley Caldwell Chambers Cheek Clary Dozier Fowler of Tift Freeman Gunter Holley
Jackson Lam Lokey Love Lowe Mackay Mallory McCracken McKenna Mobley Murphy of Haralson
Nilan Palmer Pickard Sanders Smith of Emanuel Sognier Stephens of Clarke Veal Williams Wilson of Towns
On the passage of the Bill, the ayes were 107, nays 32.
The Bill, having received the requisite constitutional majority, was passed.
HB 384. By Messrs. Willingham of Cobb and Groover of Bibb:
A Bill to be entitled an Act to amend Section 92-3120 of the Code of Georgia, as amended, being a portion of the income tax laws of Geor gia; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
858
JOURNAL OF THE HOUSE,
On the passage of the Bill, Mr. Willingham of Cobb 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.:
Alien Ayers Bagby
Barber of Colquitt Baughman Bentley Birdsong Black Blackburn Blalock Brown Caldwell Carlisle Cason Gates Chambers Chastain Cheatham
Clary Cocke Coker of Cherokee Cowart Coxwell Dean of Rockdale Denmark Denson Drinkard Duke Duncan Elder Eyler
Ployd Fordham Foster Fowler of Douglas Fowler of Tift
Freeman
Garrard Gilleland Gillis Green of Rabun
Groover
Gross of Stephens Gunter Hall
Harrell Hawkins Hayes Henderson Hendrix Hodges Hogan Holley Huddleston Hudson Ivey Jackson Jessup Johnson of Gilmer Jones of Laurens
Kelley Kennedy of Turner Key Killian Killingsworth King of Pike
Lam Land Lindsey Lokey Long Mallory Martin
Matheson of Hart Mathis of Lowndes Matthews Mauldin McCracken McGarity McKelvey Mobley Moore Murphey of Crawford Murphy of Haralson
Musgrove Nilan Odom Palmer Parker Pelham Perkins Peters Phillips of Columbia Phillips of Walton Potts Raulerson Reed Register Roughton Rowland Russell Sanders Scoggin Sheffield Sivell
Smith of Emanuel M. M. Smith of Fulton Sognier Stephens of Clarke Strickland Stripling Tamplin Tanner Todd Truelove Turk Upshaw Veal Watson Weems Wheeler Willingham Wilson of Peach Wright
On the passage of the Bill, the ayes were 124, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
THURSDAY, FEBRUARY 9, 1956
859
The following Bills of the House were taken up for the purpose of con sidering the unfavorable report of the committee thereon:
HB 189. By Messrs. Groover of Bibb, Coker of Cherokee, and Chastain of Thomas:
A Bill to be entitled an Act to amend an Act known as the Minimum Foundation Program for Education Act, so as to provide that no Statecontributed funds shall be expended for salaries of persons other than classroom teachers, principals, superintendents and librarians; and for other purposes.
Mr. Smith of Emanuel moved that the House agree to the unfavorable report of the committee.
The motion to agree prevailed, and the Bill was lost.
HB 191. By Messrs. Groover of Bibb, Lavender of Elbert, Blalock of Clayton, Coker of Cherokee, and Chastain of Thomas:
A Bill to be entitled an Act to amend an Act known as the Minimum Foundation Program for Education Act, so as to provide that the State Board of Education shall establish local school bus routes; and for other purposes.
Mr. Groover of Bibb moved that the House disagree to the unfavorable report of the committee.
Mr. Smith of Emanuel moved that the House agree to the unfavorable report of the committee.
The motion to agree prevailed, and the Bill was lost.
Under the regular order of business, the following Bill of the House was again taken up for consideration:
HB 361. By Messrs. Hall, Scoggin and Wright of Floyd:
A Bill to be entitled an Act to amend Section 32-904 of the Code, relat ing to compensation of members of County Boards of Education; and for other purposes.
The following amendment was read and adopted:
Mr. Nightingale of Glynn moves to amend HB 361 by adding at the end of Section 1 the following: "the provisions of this Act shall not apply to school systems created prior to the adoption of the Con stitution of 1877."
The previous question was ordered.
The main question was ordered.
860
JOURNAL OF THE HOUSE,
The report of the committee which was favorable to the passage* of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the Speaker ordered the roll call and the vote was as follows:
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alien
Bagby
Barber of Jackson Baughman Bentley Birdsong Black Blackburn Blalock Caldwell Carlisle Cason Cates Chambers Chastain Cheatham Cheek Clary Cocke Coker of Cherokee Cowart Coxwell Dean of Rockdale Been of Bacon Denmark Denson Drinkard Duke Duncan Edenfield Elder Eyler Fain Floyd Fordham
Foster Fowler of Douglas
Fowler of Tift
Frier Garrard Gillis Green of Rabun Greene of Crisp
Groover Gross of Stephens Hall Hardaway Hawkins Hayes Henderson Hendrix Hodges Hogan Holley Houston Hudson
Ivey Jessup Johnson of Jenkins Johnson of Gilmer Jones of Worth Jones of Laurens Jones of Sumter Kelley Kennedy of Turner
Key Killian Killingsworth King of Pike Lam Land Lanier Larkins Lavender
Lindsey Lokey Long Love Lowe Mackay Mallory Martin Massee Matheson of Hart Mathis of Lowndes Matthews
Mauldin McCracken McGarity Mincy Murphey of Crawford Murphy of Haralson Murr Musgrove Nilan Odom Palmer Parker Peters Phillips of Columbia Phillips of Walton Ramsey Raulerson Ray Register Roughton Rowland Sanders Scoggin Short Sivell Smith of Evans Smith of Emanuel Hoke Smith of Fulton Sognier Souter Stephens of Clarke Striekland Stripling Tamplin Tanner Todd Upshaw Veal Weems Wheeler Wooten Wright Young
THURSDAY, FEBRUARY 9, 1956
861
Those voting in the negative were Messrs.:
Ayers Gilleland Gunter
Jackson Moore Williams
Wilson of Peach
On the passage of the Bill, as amended, the ayes were 129, nays 7.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Under the regular order of business, the following Bills of the House were taken up for consideration and read the third time:
HB 434. By Messrs. Freeman of Monroe and Blackburn of Habersham:
A Bill to be entitled an Act to amend Section 32-1008 of the Code of Georgia, relating to the removal of a county superintendent of schools from office; and for other purposes.
The following amendment was read and adopted:
Mr. Killian of Glynn moves to amend HB 434 by adding at the end of Section 1 thereof the words, "provided, that this section shall not apply to any public school system established prior to the adoption of the Constitution of 1877."
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Ayers
Barber of Colquitt Barber of Jackson Baughman Bentley Birdsong Black Blackburn Caldwell Carlisle Cason Gates Chambers Chastain
Cheatham
Clary Cloud Coker of Cherokee Cowart Dean of Rockdale Denmark Denson Drinkard Duke Edenfield Eyler Fowler of Douglas Fowler of Tift
Freeman
Frier Gilleland Gillis Green of Rabun Gross of Stephens Gunter Hardaway Harrison of Wayne Hawkins Henderson Hendrix Hodges Hogan
862
JOURNAL OF THE HOUSE,
Holley Hudson Ivey Jessup Johnson of Jenkins Jordan Kelley Key Kilgore Killian Killingsworth Lam Land Larkins Lindsey Lokey Long Love Mackay Mallory Martin Massee Mauldin
McCracken McWhorter Mobley Moore Mull Murphey of Crawford Musgrove Nilan Odom Palmer Peacock Perkins Peters Pettey Phillips of Columbia Ramsey Raulerson Roughton Rowland Russell Rutland Short Smith of Evans
Hoke Smith of Fulton Sognier Strickland Todd Turk
Underwood of Bartow Underwood of
Montgomery Upshaw Veal Watson Weems Wheeler Williams Willingham Wilson of Peach Wooten Wright Young Mr. Speaker
(Moate)
Those voting in the negative were Messrs.:
Alien Bagby Brown Callier Deen of Bacon Elder Pain Floyd Fordham Garrard Greene of Crisp Groover Hayes
Jackson Johnson of Gilmer Jones of Worth Jones of Laurens Kennedy of Turner King of Pike Lavender Matheson of Hart Mathis of Lowndes McGarity Murphy of Haralson Murr Parker
Pelham Phillips of Walton Register Rodgers Scoggin Sheffield Sivell Smith of Emanuel M. M. Smith of Fulton Stephens of Clarke Stevens of Marion Tamplin Tanner
On the passage of the Bill, as amended, the ayes were 107, nays 39.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Under the regular order of business, the following Bill of the House was again taken up for consideration:
HB 113. By Mr. Groover of Bibb:
A Bill to be entitled an Act to amend an Act comprehensively and exhaustively superseding and revising the laws relating to the Game and Fish Commission and to game and fish; and for other purposes.
THURSDAY, FEBRUARY 9, 1956
863
Mr. Odom of Camden moved that further consideration of HB 113 be post poned until February 10, 1956.
The motion to postpone was lost.
Mr. Groover of Bibb moved that further consideration of HB 113 be post poned until February 10, 1956, immediately after the expiration of the period of unanimous consents.
The motion prevailed, and the Bill was postponed.
Mr. Groover of Bibb rose to a Point of Personal Privilege and addressed the House.
Mr. Smith of Emanuel rose to a Point of Personal Privilege and addressed 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 407. By Mr. Matthews of Clarke:
A Bill to be entitled an Act to amend Code Chapter 26-63, as amended, relating to obscene pictures and abusive language; and for other pur poses.
The following amendment was read and adopted:
Mr. Bagby of Paulding moves to amend HB 407 by adding a new section to be properly numbered as follows: "Provided, however, the provisions of this Act shall not apply to seizures not made upon a war rant not duly and properly sworn to."
The report of the committee which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the bill, as amended, the Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alien Ayers Bagby Barber of Colquitt Baughman Birdsong Black Blackburn Blalock Bolton Caldwell Campbell
Carlisle Gates Chambers Chastain Cheatham Cheek Clary Cocke Coker of Cherokee Coker of Walker Cowart Deal
Dean of Rockdale Deen of Bacon Denmark Denson Drinkard Edenfield Elder Eyler Fain Floyd Flynt Fordham
864
JOURNAL OF THE HOUSE,
Foster Fowler of Douglas Fowler of Tift Garrard Gilleland Gillis Green of Rabun Greene of Crisp Gross of Stephens Gunter Hall Hardaway Harrison of Wayne Hawkins Henderson Hendrix Hodges Hogan Holley Houston Hudson
Ivey
Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Worth Jones of Laurens Kelley Kennedy of Turner Kennedy of Tattnall
Killian King of Pike Land Lanier Lindsey Lokey Long Love Mallory Martin Massee Matheson of Hart Mathis of Lowndes Matthews Mauldin McCracken McGarity McKenna Mobley Moore Murphey of Crawford Murphy of Haralson Nightingale Nilan Odom Palmer Peacock Perkins Peters Phillips of Walton Ramsey
Ray Register Roughton Rowland Russell Sanders Scoggin Sheffield Short Singer Sivell Smith of Evans Smith of Emanuel Hoke Smith of Fulton Sognier Souter Stephens of Clarke Strickland Todd Truelove Upshaw Veal Watson Weems Williams Willingham Wilson of Towns Wilson of Peach Wooten Young
Voting in the negative was Mr. Frier.
On the passage of the Bill, as amended, the ayes were 128, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 416. By Messrs. Groover of Bibb and Floyd of Chattooga:
A Bill to be entitled an Act to amend an Act providing for an integrated Veterans Service of Georgia and creating a State Department of Veterans Service; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
THURSDAY, FEBRUARY 9, 1956
865
The Bill, having received the requisite constitutional majority, was passed.
HB 408. By Messrs. Singer of Stewart, Potts of Coweta, Matheson of Hart, and Pelham of Schley:
A Bill to be entitled an Act to provide for a method of holding a refer endum as to the sale of public property owned by a county or municipal corporation; and for other purposes.
The following committee amendment was read and adopted:
The Committee moves to amend HB 408 as follows:
Section 1. By striking the words "by not less than five per cent," and inserting words "by not less than two per cent."
The previous question was ordered.
The main question was ordered.
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 Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alien Barber of Jackson Baughman Birdsong Black Blackburn Blalock Callier Campbell Carlisle Cason Cheek Clary Cloud Cocke Coker of Walker Cornelius Cowart Coxwell Dean of Rockdale Deen of Bacon Denmark Denson Duncan Elder Ployd
Flynt Fordham Foster Fowler of Tift Frier Garrard Gillis Green of Rabun Greene of Crisp Groover Gross of Stephens Hall Harrison of Wayne Hawkins Hayes Henderson Hendrix Hodges Ivey Jessup Johnson of Jenkins Johnson of Gilmer Jones of Worth Jordan Kennedy of Turner Kennedy of Tattnall
Killingsworth Lam Land Lanier Larkins Long Love Martin Massee Matheson McGarity McKelvey Mincy Murphey of Crawford Murphy of Haralson Murr Nilan Odom Palmer Peacock Pelham Perkins Phillips of Columbia Ramsey Ray Rodgers
866
JOURNAL OF THE HOUSE,
Eoughton Rowland Rutland Scoggin Sheffield Singer Sivell Smith of Evans
Souter Strickland Stripling Tamplin Tanner Todd Truelove Turk
Underwood of Montgomery
Watson Wheeler Willingham Wooten Young
Those voting in the negative were Messrs.:
Ayers Bagby Bentley Bolton Gates Chambers Chastain Cheatham Coker of Cherokee Deal Drinkard Eyler Fain
Fowler of Douglas Gilleland Hogan
Holley Hudson Jackson Jones of Laurens Kelley Killian King of Pike Lindsey Lokey Mackay Mallory Mauldin McCracken
McKenna Mobley Moore
Nightingale Pickard Russell Sanders Hoke Smith of Fulton Sognier Stephens of Clarke Upshaw Veal Williams Willis Wilson of Towns Wilson of Peach
Wright
On the passage of the Bill, as amended, the ayes were 100, nays 46.
The Bill, having failed to receive the requisite constitutional majority, was lost.
Mr. Singer of Stewart gave notice that at the proper time he would move that the House reconsider its action in failing to pass HB 408.
HB 257. By Messrs. Lokey and M. Smith of Fulton:
A Bill to be entitled an Act to amend Section 39-1201 of the Code of Georgia, relating to the time, place and manner of holding sales of property under execution, by providing that by general order of the presiding Judge of the Superior Court of the County, published in the official newspaper of the County and entered upon the minutes of the Court, all such sales within a county may be held at a place other than at the Courthouse in Counties where, in the opinion of such Judge, the holding of such sales before the Courthouse door would create an undue traffic hazard or unnecessarily endanger the persons or property of persons using the public streets; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
THURSDAY, FEBRUARY 9, 1956
867
On the passage of the Bill, the ayes were 103, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
By unanimous consent, the following Resolution of the House was withdrawn from further consideration of the House:
HR 174-477k. By Messrs. Lindsey and Bolton of Spalding:
A Resolution to compensate Nolin Burl Randolph for damages; 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 450. By Messrs. Gillis of Treutlen, Underwood of Montgomery, and Matthews of Clarke:
A Bill to be entitled an Act to amend an Act known as the Uniform Act Regulating Traffic on Highways; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alien Ayers Bagby Barber of Colquitt Barber of Jackson Baughman Bentley Birdsong Black Blalock Campbell Carlisle Cason Gates Chambers Cheatham Clary Coker of Cherokee Coker of Walker Cowart
Deal Dean of Rockdale Deen of Bacon Drinkard Duncan Edenfield Elder Eyler Fain Floyd Flynt Fordham Foster Fowler of Douglas Fowler of Tift Freeman Garrard Gilleland Gillis Green of Rabun
Greene of Crisp Groover Gross of Stephens Hall Hardaway Hawkins Hayes Henderson Hendrix Hodges Hogan Holley Hudson Jackson Jessup Johnson of Gilmer Jones of Worth Jones of Laurens Jordan Kelley
868
JOURNAL OF THE HOUSE,
Kennedy of Turner Kennedy of Tattnall Killian Killingsworth King of Pike Lam Land Lanier Larkins Lokey Long Love Mackay Mallory Martin Massee Matheson of Hart Matthews McCracken McGarity McKelvey McKenna Mobley Moore
Murphey of Crawford Murphy of Haralson Murr Nightingale Nilan Odom Palmer Parker Peacock Pelham Peters Pettey Phillips of Columbia Ramsey Register Rodgers Roughton Rowland Russell Sanders Sheffield Short Sivell Smith of Evans
Smith of Emanuel Hoke Smith of Fulton Sognier Souter Stephens of Clarke Strickland Tamplin Truelove Underwood of
Montgomery Upshaw Veal Weems Wheeler Williams Willingham Willis Wilson of Towns Wilson of Peach Wooten Wright Young
Those voting in the negative were Messrs.:
Frier
Mincy
Perkins
On the passage of the Bill, the ayes were 129, nays 3.
The Bill, having received the requisite constitutional majority, was passed
Mr. Odom of Camden moved that the House do now adjourn until 9:30 o'clock, tomorrow morning, and the motion prevailed.
Leaves of Absence were granted to Messrs. Raulerson of Echols for Friday, February 10, 1956, Musgrove of Clinch for Friday, February 10, 1956, and Murr of Sumter for Friday, February 10, 1956.
The Speaker announced the House adjourned until 9:30 tomorrow morning.
FRIDAY, FEBRUARY 10, 1956
869
Representative Hall, Atlanta, Georgia. Friday, February 10, 1956.
The House met pursuant to adjournment this day at 9:30 A. M., and was called to order by the Speaker.
Prayer was offered by the Chaplain, Reverend Carey Barker, First Baptist Church, Newnan, Georgia.
The roll was called and the following members answered to their names:
Adams Alien Ayers Bagby Barber of Colquitt Barber of Jackson Barker Baughman Bentley Birdsong Black Blalock Bloodworth Bolton Brannen Caldwell Callier Carlisle Cason Gates Chambers Cheek Clary Cloud Cocke Cowart Dean of Rockdale Deen of Bacon Denmark Denson Dozier Duke Elder Fain Floyd Flynt Fordham Foster Fowler of Douglas Freeman Frier Garrard Gilleland
Green of Rabun Grimsley Groover Gross of Stephens Gross of Dade Gunter Hall Hardaway Harrell Harrison of Wayne Hawkins Hayes Henderson Hendrix Hodges Hogan Holley Houston Huddleston Hudson Hurst Jackson Jessup Johnson of Gilmer Jones of Worth Jones of Lumpkin Jones of Laurens Jones of Sumter Kelley Kennedy of Tattnall Key Kilgore Killian Killingsworth King of Chattahoochee King of Pike Kitchens Lam Land Lanier Lavender Lindsey Lokey
Long Love Lowe Mackay Martin Massee Matheson of Hart Matthews McGarity Mincy Mobley Moore Mull Murphey of Crawford Murphy of Haralson Nightingale Nilan Odom Palmer Pelham Peters Phillips of Columbia Phillips of Walton Pickard Potts Ramsey Ray Reed Register Rodgers Roughton Ruark Sanders Scoggin Sheffield Short Singer Sivell Smith of Evans Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton Stephens of Clarke
870
JOURNAL OF THE HOUSE,
Stevens of Marion Strickland Stripling Taniplin Tarpley Todd Truelove Twitty
Underwood of Bartow Underwood of
Montgomery Veal Watson Weems Wheeler Williams
Willingham Wilson of Town Wilson of Peach Wooten Young Mr. Speaker
(Moate)
Those not answering the roll call were Messrs.:
Blackburn Bodenhamer Brown Campbell Chastain Cheatham Coker of Cherokee Coker of Walker Cornelius Cotton Coxwell Deal Drinkard Duncan Edenfield English Eyler Fowler of Tift Gillis
Greene of Crisp Harrison of Jeff Davis Ivey Johnson of Jenkins Jordan Kennedy of Turner King of Whitfield Larkins Mallory Mashburn Mathis of Lowndes Mauldin McCracken McKelvey McKenna McWhorter Moorman Murr Musgrove
Parker Peacock Perkins Pettey Raulerson Rowland Russell Rutland Sognier Souter Stewart Tanner Terrell Turk Upshaw Willis Wright
Mr. Veal of Putnam, Acting Chairman of the Committee on Journals re ported 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 of 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 on the General Calendar in any order he deems advisable.
FRIDAY, FEBRUARY 10, 1956
871
Mr. Roughton of Washington moved that the following Bill of the House be withdrawn from the Committee on Special Judiciary, read the second time and recommitted:
HB 586. By Mr. Roughton of Washington:
A Bill to be entitled an Act to amend Code Section 85-1604, as amended, so as to provide that land processioners may be appointed from any militia district from the county; and for other purposes.
The motion prevailed, and the Bill was withdrawn, read the second time and recommitted.
Mr. Blalock of Clayton moved that the following Resolution of the House be withdrawn from the Committee on State of Republic, read the second time and recommitted:
HR 191-531f. By Messrs. Blalock of Clayton, Coker of Cherokee, and Chastain of Thomas:
A Resolution to provide for the disposition of certain metal plates stored in the Capitol building; and for other purposes.
The motion prevailed, and the resolution was withdrawn, read the second time and recommitted.
By unanimous consent, the following Bills of the House were withdrawn from further consideration of the House:
HB 306. By Messrs. Groover of Bibb, Brannen of Dooly, Murphey of Crawford, and King of Pike:
A Bill to be entitled an Act to amend an Act creating the Employees Retirement of Georgia, and for other purposes.
HB 310. By Messrs. Groover of Bibb, Brannen of Dooly, Murphey of Crawford, and King of Pike:
A Bill to be entitled an Act to amend an Act creating the Teachers' Retirement System of Georgia; and for other purposes.
HB 311. By Messrs. Groover of Bibb, Brannen of Dooly, Murphey of Crawford, and King of Pike:
A Bill to be entitled an Act to amend an Act creating the Georgia Fire men's Pension Fund; 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 84. By Senators McBride of the 10th, Harden of the 27th, Jones of the 23rd, and others:
A Bill to be entitled an Act to create and organize a new judicial circuit
872
JOURNAL OF THE HOUSE,
to be known as the Dougherty Judicial Circuit; to provide a judge and solicitor-general fix term of court; to amend Section 24-2501 of the 1933 Code of Georgia relating to judicial circuits; provide effective date; repeal conflicting laws; and for other purposes.
SB 99. By Senators Harper of the 26th and Turner of the 34th:
A Bill to be entitled an Act to amend Section 56-216 of the Code, relat ing to participation by policy holders in the net profits of insurance companies as amended, particularly by an Act approved February 8, 1950 (Ga. Laws 1950, p. 121), so as to provide that any policy con taining the provisions prescribed in said Code Insurance Commissioner; to repeal conflicting laws; and for other purposes.
SB 110. By Senators Millican of the 52nd, Hollis of the 24th and Lovett of the 16th:
A Bill to be entitled an Act to amend the Act creating the State Board of Corrections as to the requirement of a formal adjudication of mental disease before a prisoner is transferred to Milledgeville State Hospital; and for other purposes.
SB 100. By Senators Harper of the 26th and Turner of the 34th:
A Bill to be entitled an Act to amend the Excess Insurance Agents Law so as to require the affidavits of licensed agents issuing said policy and of the insured therein provided for to be filed with the Insurance Commissioner within sixty days from the issuance of such policy in stead of within thirty days therefrom as provided in said law; and for other purposes.
SB 119. By Senators Turner of the 34th and Harper of the 26th:
A Bill to be entitled an Act providing that all contracts agreeing to furnish ambulance service to any person in this State, shall be con strued as health and accident insurance contracts; and for other pur poses.
SB 123. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act establishing the Criminal Court of Atlanta so as to require the Solicitor General of said Court to maintain a docket on which he shall enter all commitments made to said court from any magistrate, justice, recorders municipal or civil court, or any other inferior court of said county, having committing powers; and for other purposes.
SB 124. By Senators Millican of the 52nd and Turner of the 34th:
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 125. By Senator McBride of the 10th:
A Bill to be entitled an Act to provide for the regulation of the sale of livestock at auction; and for other purposes.
FRIDAY, FEBRUARY 10, 1956
873
SB 126. By Senators Strickland of the 3rd and Matthews of the 47th:
A Bill to be entitled an Act to amend Code Section 92-1403, relating to the levy of tax and exemptions, codified from the "Motor Fuel Tax Law"; and for other purposes.
SB 127. By Senator Millican of the 52nd:
A Bill to be entitled an Act to apply only to counties having a popula tion of not less than 300,000 by the last or any future decennial census of the United States; to direct the Commissioners of Roads and Revenues thereof to pay to the Board of Education thereof, in addition to all other payments directed to be made by the constitution and laws of this state, from any funds held by or available to the commissioners of roads and revenues thereof and derived from sources other than taxation; and for other purposes.
SB 129. By Senators Harden of the 27th, Overby of the 33rd and Turner of the 34th:
A Bill to be entitled an Act to provide that the official court reporter of the Piedmont Judicial Circuit shall be compensated on a salary basis in lieu of all fees; and for other purposes.
SB 131. By Senator Paulk of the 45th:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues of Irwin County, Georgia, ap proved Feb. 16, 1933 (Ga. L. 1933, p. 571), as amended so as to strike the last sentence of Section 1 of said Act; to repeal conflicting laws; and for other purposes.
SB 135. By Senator Overby of the 33rd:
A Bill to be entitled an Act to repeal Section 84-1422 of the Code rela tive to nonresidential real estate brokers and agents, and application for licenses as such; to repeal conflicting laws; and for other purposes.
SB 139. By Senator Overby of the 33rd:
A Bill to be entitled an Act to define debt adjusting, to describe the persons and organization which shall be considered as engaged in the business of debt adjusting, to make it unlawful for any person to engage in the business of debt adjusting.
SB 140. By Senator Matthews of the 47th:
A Bill to be entitled an Act to provide that the compensation of the Sheriff, the Clerk of the Superior Court and the Ordinary of Colquitt County shall be on a salary basis and to provide their compensation; and for other purposes.
SB 142. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act to provide that cities hav ing a population of more than 150,000 by the United States census of 1920 or any subsequent census shall furnish pensions to all officers and
874
JOURNAL OF THE HOUSE,
employees of such cities who have served twenty-five years and for other purposes.
SB 144. 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 by general election in Nov., 1952, by amending and revising that certain Act known as the "Savannah District Authority Act"; confirming the powers heretofore granted and granting said Authority additional powers; and for other purposes.
SB 141. 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.
SR 41. By Senator Millican of the 52nd:
A Resolution to authorize and direct the Director of the Department of Public Safety to make a study and report of his findings as to the recommendation of the Joint Economy Committee; and for other pur poses.
HB 10. By Mr. Roughton of Washington:
A Bill to be entitled an Act to amend an Act relating to Barbers and Beauticians, and for other purposes.
HB 11. By Messrs. Kilgore and Kelley of Gwinnett, Alien of Bulloch and others:
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 for other purposes.
HB 39. By Mr. Blackburn of Habersham:
A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenue for Habersham County; and for other purposes.
HB 118. By Messrs. Bagby of Paulding, Rowland of Johnson and others:
A Bill to be entitled an Act to amend an Act creating the State Board of Workmen's Compensation, and for other purposes.
HB 127. By Messrs. Moate of Hancock, Willingham of Cobb and Groover of Bibb:
A Bill to be entitled an Act to amend an Act and known as the Voca tional Rehabilitation Act, so as to provide for subrogation by the State Board of Vocational Education, and for other purposes.
FRIDAY, FEBRUARY 10, 1956
875
HB 151. By Messrs. Carlisle, Groover and McKenna of Bibb:
A Bill to be entitled an Act to vest title in the City of Macon to a cer tain portion of Pine Street in Square 74, and for other purposes.
HB 156. By Messrs. Duke and Massee of Baldwin:
A Bill to be entitled an Act to authorize the governing authority of the City of Milledgeville to provide for zoning and planning; to author ize joint operation with Baldwin County; and for other purposes.
HB 171. By Messrs. Freeman of Monroe, Sanders of Richmond and Hall of Floyd:
A Bill to be entitled an Act to amend an Act providing for the payment of maternity home and foster home care for pregnant, and for other purposes.
HB 197. By Messrs. Coker of Cherokee and Mashburn of Forsyth:
A Bill to be entitled an Act to amend an Act relating to nurses, so as to change the registration fee of under-graduate nurses; and for other purposes.
HB 225. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to amend an Act creating the Dublin Judicial Circuit and for other purposes.
HB 253. By Mr. H. Smith of Fulton:
A Bill to be entitled an Act to amend an Act entitled "An Act to pro vide for the use of voting machines for casting, registering, recording and computing ballots of votes at all elections in certain counties", and for other purposes.
HB 302. By Mr. Fain of Franklin:
A Bill to be entitled an Act to amend an Act incorporating the City of Royston, so as to provide the type of municipal government; and for other purposes.
HB 303. By Messrs. Denson and Watson of Dougherty:
A Bill to be entitled an Act to amend an Act consolidating the office of Tax Collector of Dougherty County; and for other purposes.
HB 304. 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.
HB 307. By Mr. Bloodworth of Houston:
A Bill to be entitled an Act to amend an Act creating a city charter for the municipality of Warner Robins; and for other purposes.
876
JOURNAL OP THE HOUSE,
HB 308. By Mr. Bloodworth of Houston:
A Bill to be entitled an Act to amend an Act creating and establishing a charter for the City of Warner Robins; and for other purposes.
HB 312. By Mr. Long of Murray:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Chatsworth; and for other purposes.
HB 321. By Mr. Tarpley of Union:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner, (Director of Taxes) of Union County; and for other purposes.
HB 325. By Messrs. Killian and Nightingale of Glynn:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenue of Glynn County; and for other purposes.
HB 329. By Messrs. Cloud and Terrell of Decatur:
A Bill to be entitled an Act to amend an Act establishing the City Court of Bainbridge; and for other purposes.
HB 396. By Mr. Roughton of Washington:
A Bill to be entitled an Act to amend an Act creating the City Court of Sandersville, and for other purposes.
HB 401. By Mr. Jones of Worth:
A Bill to be entitled an Act to amend an Act to create a new charter for the City of Sylvester, and for other purposes.
HB 404. 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.
HR 13. By Mr. Odom of Camden:
A Resolution ratifying an easement granted by the State of Georgia to the Okefenokee Rural Electric Membership Corporation, and for other purposes.
HR 45. By Mr. Blackburn of Habersham:
A Resolution designating a certain bridge as the "Judge I. Homer Sutton Bridge", and for other purposes.
HR 48. By Messrs. Moate of Hancock, Willingham of Cobb and Groover of Bibb:
A Resolution authorizing the State Revenue Commission to receive
FRIDAY, FEBRUARY 10, 1956
877
amended returns for the first taxable year ending on or after Feb. 15, 1952, and for other purposes.
HR 60. By Messrs. Duke and Massee of Baldwin: A Resolution to authorize the Governor on behalf of the State, to negotiate and sell a tract of State land; and for other purposes.
HB 330. By Messrs. McKenna, Carlisle and Groover of Bibb: A Bill to be entitled an Act to amend an Act entitled an Act to re-enact the charter of the City of Macon; and for other purposes.
HB 331. By Messrs. Fordham and Alien of Bulloch: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Statesboro; and for other purposes.
HB 332. By Messrs. Foster and Blalock of Clayton: A Bill to be entitled an Act establishing a new charter for the City of College Park; and for other purposes.
HB 339. By Messrs. Young, Milan and Pickard of Muscogee: A Bill to be entitled an Act to amend the law authorizing a fire pro tection system in Muscogee County; and for other purposes.
HB 342. By Messrs. Stephens and Matthews of Clarke: A Bill to be entitled an Act to authorize the Mayor and Council of the City of Athens and the Board of Commissioners of Roads and Revenue of Clarke County to give to the United States a tract of land; and for other purposes.
HB 259. By Messrs. Lokey and H. Smith of Fulton: A Bill to be entitled an Act to amend an Act relating to the filing of a written demand as a prerequisite to the bringing of any suit at law or equity against any municipal corporation, and for other purposes.
HB 343. By Messrs. Stephens and Matthews of Clarke: A Bill to be entitled an Act to amend an Act creating the Athens Fire men's System, and for other purposes.
HB 344. By Messrs. Stephens and Matthews of Clarke: A Bill to be entitled an Act to amend an Act entitled an Act to amend the Charter of the Town of Athens, and for other purposes.
HB 347. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to amend an Act entitled an Act to amend the Charter of the Town of Athens, so as to close a certain street, and for other purposes.
878
JOURNAL OF THE HOUSE,
HB 349. By Mr. Peters of Meriwether:
A Bill to be entitled an Act to amend an Act entitled an Act to incor porate the City of Manchester, and for other purposes.
HB 350. By Mr. Peters of Meriwether:
A Bill to be entitled an Act to amend an Act which incorporated the City of Manchester, and for other purposes.
HB 355. By Mr. Strickland of Toombs:
A Bill to be entitled an Act to amend an Act relating to the compensa tion of surveyor and laborers for surveying disputed county lines, and for other purposes.
HB 356. By Mr. Odom of Camden:
A Bill to be entitled an Act to create the office of Assistant Solicitor for Camden County; and for other purposes.
HB 358. 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.
HB 360. By Mr. Underwood of Montgomery:
A Bill to be entitled an Act to amend an Act entitled an Act to incor porate the Town of Ailey, and for other purposes.
HB 362. By Mr. Underwood of Montgomery:
A Bill to be entitled an Act to amend an Act creating a new charter for the town of Mt. Vernon, and for other purposes.
HB 370. By Mr. Dean of Rockdale:
A Bill to be entitled an Act to amend an Act incorporating the City of Conyers, and for other purposes.
HB 373. By Mr. Kennedy of Tattnall:
A Bill to be entitled an Act to amend an Act establishing a City Court of Reidsville, so as to provide for payment of the insolvent cost of said court, and for other purposes.
HB 374. By Mr. Dean of Rockdale:
A Bill to be entitled an Act to amend the Charter of the City of Con yers, and for other purposes.
HB 380. By Messrs. Watson and Denson of Dougherty:
A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Albany, so as to provide for retirement of municipal employees, and for other purposes.
FRIDAY, FEBRUARY 10, 1956
879
HB 386. By Messrs. Sognier, Cheatham and Eyler of Chatham and others:
A Bill to be entitled an Act to amend an Act pertaining to the attend ance of witnesses and the fees therefor, so as to provide for the pay ment of fees to any sheriff, deputy sheriff, or member or 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 coun ties; and for other purposes.
Mr. Speaker:
The Senate has agreed to the House amendment to the following Bill of the Senate:
SB 65. By Senator Millican of the 52nd:
A Bill to amend the "Voters' Registration Act" so as to provide for places of registration of voters in certain counties; and for other pur poses.
The Senate has agreed to the House substitute to the following Bill of the Senate:
SB 50. By Senator Zellner of the 22nd:
A Bill to create a Livestock Disease Control Board; to provide for the members, duties and compensation of the members thereof; and for other purposes.
The Senate has passed by substitute by the requisite constitutional majority the following Bill of the House to wit:
HB 334. By Messrs. Lokey, M. Smith and Hoke Smith of Fulton:
A Bill to be entitled an Act to amend an Act entitled "An Act to pro vide that in Fulton County, the Ordinary, Sheriff, Clerk of Superior Court, Tax Receiver, Tax Collector and County Treasurer may appoint a Chief Deputy, or Chief Clerk, etc.; and for other purposes.
The Senate has passed as amended by the requisite constitutional majority the following Bills of the House to wit:
HB 59. By Messrs. Strickland of Toombs, Scoggin of Floyd and others:
A Bill to be entitled an Act to amend Code Chapter 27-2 relating to arrests so as to require the arresting officer who arrests a person under a warrant to bring the accused before the person authorized to examine, commit to receive bail within 72 hours; and for other purposes.
HB 193. By Messrs. Groover of Bibb, Lavender of Elbert and others:
A Bill to be entitled an Act to amend an Act relating to the distribution of laws and journals for civil officers of each county; and for other purposes.
880
JOURNAL OP THE HOUSE,
HB 258. By Messrs. Lokey and H. Smith of Pulton:
A Bill to be entitled an Act to amend an Act authorizing the estab lishment of Limited Access Highways in counties having a population of 300,000 or more; and for other purposes.
By unanimous consent, the following Bills and Resolutions of the House were read the first time and referred to the Committees:
HB 589. By Messrs. Perkins and Duncan of Carroll:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Carroll County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 590. By Mr. Kilgore of Gwinnett:
A Bill to be entitled an Act to amend an Act creating the City Court of Buford, and for other purposes.
Referred to the Committee on Municipal Government.
HB 591. By Mr. Willis of Thomas:
A Bill to be entitled an Act to place the Clerk, Ordinary and Sheriff of Thomas 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 592. By Mr. Truelove of White: A Bill to be entitled an Act to provide for the compensation of the Tax Commissioner in certain counties, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 593. By Mr. Russell of Barrow: A Bill to be entitled an Act to create a Legislative Economy and Study Committee, and for other purposes.
Referred to the Committee on State of Republic.
HB 594. By Mr. Willis of Thomas:
A Bill to be entitled an Act to create the office of Tax Commissioner for Thomas County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 595. By Mr. Groover of Bibb:
A Bill to be entitled an Act to repeal an Act relating to the offense of common barratry, so as to provide that any person, firm or corporation who shall incite litigation or quarrels or conflicts, or who shall solicit
FRIDAY, FEBRUARY 10, 1956
881
funds for the purpose of instituting any law suit, shall be guilty of barratry; and for other purposes.
Referred to the Committee on General Judiciary #1.
HB 596. By Messrs. Denmark of Liberty, Rodgers of Charlton, Raulerson of Echols, McKelvey of Polk, Wheeler of Seminole, Hendrix of Long and others:
A Bill to be entitled an Act to provide for legalized dog and horse rac ing; to establish a commission for the regulation thereof; to provide for a system of pari mutual betting; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 597. By Mr. Todd of Glascock:
A Bill to be entitled an Act to establish a method of paying traveling expenses incurred by the Sheriff of Glascock County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 598. By Mr. Love of Catoosa County:
A Bill to be entitled an Act to amend an Act to create and establish a new charter for the City of Ringgold, and for other purposes.
Referred to the Committee on Municipal Government.
HB 599. By Mr. Love of Catoosa:
A Bill to be entitled an Act to create a Board of Utilities Commissioners for Catoosa County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 600. By Messrs Coker and Campbell of Walker:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Linwood, and for other purposes.
Referred to the Committee on Municipal Government.
HB 601. By Messrs. Groover of Bibb and Blalock of Clayton:
A Bill to be entitled an Act to define criminal acts and to impose civil and criminal penalties with respect to the unauthorized possession, use, custody, control, exchange, transportation, or concealment of any un authorized, false, counterfeit, forged or altered revenue stamp or mark ing, prima facie evidencing the payment of any tax imposed by the reve nue laws of Georgia, and for other purposes.
Referred to the Committee on Ways and Means.
882
JOURNAL OF THE HOUSE,
HB 602. By Mr. Dean of Rockdale:
A Bill to be entitled an Act to change the corporate limits of the City of Conyers; and for other purposes.
Referred to the Committee on Municipal Government.
HB 603. By Messrs. Ployd of Chattooga and Denson of Dougherty:
A Bill to be entitled an Act to amend the Employees' Retirement System Act, and for other purposes.
Referred to the Committee on Pensions.
HB 604. By Mr. Gross of Stephens:
A Bill to be entitled an Act to amend an Act entitled an Act to provide for holding four terms a year of the Superior Court of Stephens County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 605. By Messrs. Russell of Barrow, Nightingale of Glynn, Matthews of Clarke and Sanders of Richmond:
A Bill to be entitled an Act to amend an Act relating to the sale, inspection, importation and distribution of fluid milk for human con sumption, and for other purposes.
Referred to the Committee on General Agriculture #1.
HB 606. By Messrs. Gillis of Treutlen and Jordan of Wheeler:
A Bill to be entitled an Act to amend an Act known as the Motor Vehicle Safety Responsibility Act, relating to driving under the influ ence of intoxicating liquors or drugs, and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 607. By Mr. Groover of Bibb:
A Bill to be entitled an Act to create a Public Safety Council; and for other purposes.
Referred to the Committee on State of Republic.
HB 608. By Messrs. Greene of Crisp, Rowland of Johnson, Jones of Laurens, Huddleston of Fayette and Key of Jasper and others:
A Bill to be entitled an Act to provide for the validation of revenue anticipation certificate by counties, municipal corporations and political subdivisions for gas and electric facilities as provided in Paragraph V, Section VII, Article VII of the Constitution provided such certificates and first voted at an election as therein required, and for other purposes.
Referred to the Committee on Commerce.
FRIDAY, FEBRUARY 10, 1956
883
HR 211-608a. By Mr. Denmark of Liberty:
A Resolution authorizing and directing the State Librarian to furnish to the Judge of the City Court of Hinesville certain law books, and for other purposes.
Referred to the Committee on Public Library.
Section VII, Article VII of the Constitution provided such certificates HR 212-608b. By Messrs. Moate of Hancock, Groover of Bibb, Scoggin of Floyd
and Floyd of Chattooga:
A Resolution proposing an amendment to the Constitution relating to the authority of the General Assembly to levy or authorize taxes and to make or authorize appropriations or expenditures of State or local funds, and for other purposes.
Referred to the Committee on Amendments to Constitution #1.
HR 213-608c. By Mr. Perkins of Carroll:
A Resolution proposing an amendment to the Constitution so as to provide that Carroll County shall be divided into political subdivisions for the purpose of issuing bonds to purchase school sites and to build and equip school houses, and for other purposes.
Referred to the Committee on Amendments to Constitution #1.
HR 214-608d. By Mr. Perkins of Carroll:
A Resolution proposing an amendment to the Constitution so as to provide for the dividing of Carroll County into six senior high school districts; and for other purposes.
Referred to the Committee on Amendments to Constitution #1.
HR 215-608e. By Messrs. Scoggin of Floyd and Matthews of Clarke:
A Resolution to provide for the appointment of a Commission composed of five members to study the problems of consumer financing of personal property in this State and to make recommendations; and for other purposes.
Referred to the Committee on State of Republic.
HB 609. By Mr. Jones of Laurens:
A Bill to be entitled an Act to amend an Act relating to the crime of robbery; and for other purposes.
Referred to the Committee on General Judiciary #2.
HB 610. By Mr. Groover of Bibb:
A Bill to be entitled an Act to amend an Act repealing, enacting and re-enacting laws or parts of laws creating a pension system for the
884
JOURNAL OF THE HOUSE,
employees of the City of Macon by providing for the benefit, contribu tions, retirement aid; and for other purposes.
Referred to the Committee on Municipal Government.
HB 611. By Mr. Carlisle of Bibb:
A Bill to be entitled an Act to amend an Act approved August 3, 1927, entitled: "An Act to re-enact the charter of the City of Macon contained in the Act approved August 17, 1914, together with the Acts amending the same passed since 1914 with certain changes in said Acts; to con solidate into one Act with such changes as may have become necessary or proper, all the Acts constituting the charter of the City of Macon and relating to the rights, powers, and duties of said corporation; and for other purposes.
Referred to the Committee on Municipal Government.
HB 612. By Mr. Carlisle of Bibb:
A Bill to be entitled an Act to amend an Act approved August 9, 1929 entitled An Act to amend an Act re-enacting the charter of the City of Macon approved August 3, 1927, so as to provide that the Macon Hospital Commission therein referred to shall be authorized and directed to operate as a part of the Macon Hospital the anti-tubercular sanatarium located in Bibb County; and for other purposes.
Referred to the Committee on Municipal Government.
HB 613. By Mr. Carlisle of Bibb:
A Bill to be entitled an Act to vest title in the City of Macon, its suc cessors and assigns to a certain portion of First St. adjacent to square 74 located in said city and authorize said city to close, vacate and abandon the portion of First St. involved; 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 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 582. Do Pass.
HB 587. Do Pass.
HB 567. Do Pass.
HB 566. Do Pass.
FRIDAY, FEBRUARY 10, 1956
885
HB 553. Do Pass.
Respectfully submitted, Short of Colquitt, 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 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 554. Do Pass.
SB 48. Do Pass.
SB 52. Do Pass.
Respectfully submitted,
Bodenhamer of Tift,
Chairman.
Mr. Lavender of Elbert County, Chairman of the Committee on Education #2, submitted the following report:
Mr. Speaker:
Your Committee on Education #2 has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 584. Do Pass.
Respectfully submitted,
Lavender of Elbert,
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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 95. Do Pass.
HB 556. Do Pass.
Respectfully submitted,
Scoggin of Floyd,
Chairman.
886
JOURNAL OF THE HOUSE,
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 Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 372. Do Not Pass.
HB 583. Do Pass.
Respectfully submitted,
Carlisle of Bibb,
Chairman.
Mr. Chambers of Richmond County, Vice-Chairman of the Committee on Historical Research, submitted the following report:
Mr. Speaker:
Your Committee on Historical Research has had under consideration the following Resolution of the House and has instructed me as Vice-Chairman, to report the same back to the House with the following recommendation:
HR 206-587b. Do Pass.
Respectfully submitted,
Chambers of Richmond,
Vice-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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendation:
SB 96. 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 House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 573. Do Pass.
FRIDAY, FEBRUARY 10, 1956
887
HB 564. Do Pass. HB 577. Do Pass. HB 540. Do Pass. HB 539. Do Pass. HB 576. Do Pass. HB 558. Do Pass. HB 534. Do Pass. HB 545. Do Pass. HB 575. Do Pass. HB 568. Do Pass. HB 569. Do Pass. SB 132. Do Pass. HB 509. Do Pass. HB 546. Do Pass.
Respectfully submitted, Hoke Smith of Fulton, Chairman.
Mr. Callier of Talbot County, Chairman of the Committee on Public Prop erty, submitted the following report:
Mr. Speaker:
Your Committee on Public Property has had under consideration the fol lowing 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 209-587e. Do Pass.
SR 15. Do Pass.
SR 14. Do Pass.
Respectfully submitted,
Callier of Talbot,
Chairman.
Mr. Alien of Bulloch County, Acting Chairman of the Committee on Public Welfare, submitted the following report:
Mr. Speaker:
Your Committee on Public Welfare has had under consideration the follow ing Bills of the House and has instructed me as Acting Chairman, to report the same back to the House with the following recommendations:
HB 431. Do Pass.
888
JOURNAL OP THE HOUSE,
HB 549. Do Pass.
Respectfully submitted, Alien of Bulloch, 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 lowing Bill of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendation:
SB 120. Do Pass.
Respectfully submitted,
Ployd of Chattooga,
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 430. Do Pass, by substitute.
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 261. Do Pass.
Respectfully submitted,
Wooten of Randolph,
Chairman.
Mr. Sheffield of Brooks County, Vice-Chairman of the Committee on State of Republic, submitted the following report:
FRIDAY, FEBRUARY 10, 1956
889
Mr. Speaker: Your Committee on State of Republic has had under consideration the fol
lowing Bills and Resolutions of the House and has instructed me as Vice-Chair man, to report the same back to the House with the following recommendations:
HB 562. Do Pass. HR 188-531c. Do Pass. HR 189-531d. Do Pass, as amended. HB 563. Do Pass. HB 579. Do Pass. HB 580. Do Pass. HB 7. Do Pass. HB 484. Do Pass, as amended.
Respectfully submitted, Sheffield of Brooks, Vice-Chairman.
By unanimous consent, the following Bills and Resolutions of the House and Senate, favorably reported, were read the second time:
HB 261. By Messrs. Lokey, M. Smith and H. Smith of Fulton:
A Bill to be entitled an Act to amend the Uniform Act Regulating Traffic on Highways, so as to authorize cities to adopt ordinances regulating traffic within the corporate limits of such cities, and for other purposes.
HB 430. By Messrs. Groover and Carlisle of Bibb:
A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to change the punishment for the crime of driving or operating a vehicle while under the influence of intoxicating liquors or narcotic drugs; and for other purposes.
HB 484. By Messrs. Moate of Hancock and Groover of Bibb:
A Bill to be entitled an Act to amend an Act known as the "State Toll Bridge Authority Act", and for other purposes.
HB 509. By Mr. Land of Wilkinson:
A Bill to be entitled an Act to establish a new charter for the Town of Allentown, in the County of Wilkinson; and for other purposes.
HB 534. By Mr. Lokey of Fulton:
A Bill to be entitled an Act to amend an Act providing that cities hav ing a population of 150,000 or more, shall provide pensions for members of the police department of such city, and for other purposes.
890
JOURNAL OF THE HOUSE,
HB 539. By Mr. Truelove of White:
A Bill to be entitled an Act to amend an Act incorporating the Town of Helen, so as to change the corporate limits; and for other purposes.
HB 540. By Messrs. Sognier, Cheatham and Eyler of Chatham:
A Bill to be entitled an Act to amend the Charter of the Town of Thunderbolt and for other purposes.
HB 545. By Mr. Lokey of Fulton:
A Bill to be entitled an Act providing that cities having a population of more than 150,000, shall furnish pension to all officers and employees of such cities and providing a system of pensions, so as to re-open the pension fund; and for other purposes.
HB 546. By Messrs. Lam and Birdsong of Troup:
A Bill to be entitled an Act to incorporate and establish the city of North West Point, in the County of Troup, and for other purposes.
HB 554. By Messrs. Bodenhamer of Tift, Groover of Bibb, Willingham of Cobb, Twitty of Mitchell, Todd of Glascock, Lokey of Fulton and 39 others:
A Bill to be entitled an Act to require the study of Southern History and Traditions in all grades of the public scohols of Georgia; and for other purposes.
HB 556. By Messrs. Willingham of Cobb, Chambers and Sanders of Richmond, Bolton of Spalding, Sognier and Cheatham of Chatham:
A Bill to be entitled an Act to amend an Act relating to the qualifica tions of applicants to stand the State Bar Examination, and for other purposes.
HB 558. By Messrs. Lam and Birdsong of Troup:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Hogansville; and for other purposes.
HB 563. By Mr. Groover of Bibb:
A Bill to be entitled an Act to continue the benefits of retirement funds and pension systems as to teachers and other school employees who shall accept employment in non-sectarian private schools, and for other purposes.
HB 564. By Messrs. Groover and Carlisle of Bibb:
A Bill to be entitled an Act to amend an Act entitled an Act to re-enact the charter of the City of Macon, and for other purposes.
HB 566. By Messrs. H. Smith, M. Smith and Lokey of Fulton: A Bill to be entitled an Act to create the office of Director of Public
FRIDAY, FEBRUARY 10, 1956
891
Safety in all counties having a population of 300,000 or more; to pro vide for the appointment and term thereof; and for other purposes.
HB 567. 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 retire ment 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, and for other purposes.
HB 568. By Messrs. Lam and Birdsong of Troup:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Hogansville, and for other purposes.
HB 569. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to amend an Act entitled an Act to incor porate the Town of Kite, and for other purposes.
HB 573. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to amend an Act entitled an Act to amend, consolidate and supersede the several Acts incorporating the City of Wrightsville, and for other purposes.
HB 575. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A Bill to be entitled an Act to amend the Charter of the City of Pine Lake, in the County of DeKalb, and for other purposes.
HB 576. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act entitled an Act to pro vide for the examination for qualified electrician, for the right to engage in said vocation in counties having a population of not less than 85,000 and not more than 90,000, and for other purposes.
HB 579. By Mr. Groover of Bibb:
A Bill to be entitled an Act to amend an Act relating to selling, leasing, granting, exchanging and disposing of recreational and park property by the State and political subdivisions, so as to provide that the pro visions relative to advertising and bids shall not apply to the leasing of State parks or facilities if the lease involved is for a period of one year or less, and for other purposes.
HB 580. By Messrs. Groover of Bibb and Stripling of Coweta:
A Bill to be entitled an Act to amend an Act to amend an Act approved March 5, 1937, creating the Natural Resources Department and the various divisions thereof; and for other purposes.
HB 582. By Mr. Souter of Macon:
A Bill to be entitled an Act to supplement the fees of the Ordinary of Macon County; and for other purposes.
892
JOURNAL OF THE HOUSE,
HB 583. By Mr. Murphy of Haralson:
A. Bill to be entitled an Act to amend an Act relating to exemption from jury duty, so as to change the age limit for jury exemption; and for other purposes.
HB 584. By Mr. Groover of Bibb:
A Bill to be entitled an Act to simplify the construction, acquisition and financing of educational and training facilities for the State by transferring to and conferring upon the State School Building Au thority, created and operating under the State School Building Author ity Act, and for other purposes.
HB 587. 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 amend an Act entitled "County Officers. Laws Applicable" in counties having a population of 300,000 or more, and for other purposes.
HB 553. By Mr. Wilson of Towns:
A Bill to be entitled an Act to amend, consolidate and supersede the several Acts incorporating the City of Hiawassee, in the County of Towns, and for other purposes.
HB 577. By Messrs. Mackay, Rutland and McWhorter of DeKalb:
A Bill to be entitled an Act to amend an Act entitled an Act to create and establish the City Court of Decatur, and for other purposes.
HB 562. By Mr. Groover of Bibb:
A Bill to be entitled an Act to amend an Act creating a Department of Public Safety, and for other purposes.
HR 188-531c. By Messrs. Cloud of Decatur and Harrell of Grady:
A Resolution authorizing the establishment and leasing of port facili ties in Decatur County, and for other purposes.
HR 189-531d. By Messrs. Nightingale and Killian of Glynn:
A Resolution authorizing the establishment and leasing of port facilities in Glynn County, and for other purposes.
HR 209-587e. By Messrs. Cheatham, Eyler and Sognier of Chatham:
A Resolution authorizing and directing the Governor to execute a lease in behalf of the State of Georgia of certain property conveyed to the State by Chatham County and to be used as a site for construction of an Armory for the Georgia Air National Guard with one-hundred per cent federal funds, and for other purposes.
HR 206-587b. By Messrs. Murphey of Crawford and Cheek of Taylor:
A Resolution to designate a bridge which crosses the Flint River be-
FRIDAY, FEBRUARY 10, 1956
893
tween Crawford and Taylor Counties as the Colonel Benjamin Hawkins Bridge, and for other purposes.
SB 120. By Senators Steis of the 25th and Ricketson of the 19th:
A Bill to be entitled an Act to provide for the issuance of automobile license tags to disabled veterans; and for other purposes.
SR 15. By Senators Wilkins of the 44th and McDonald of the 43rd:
A Resolution to authorize the exchange of properties or interest therein in connection with the clearing of title to property comprising Cloudland Canyon State Park, located in Dade and Walker Counties, and for other purposes.
SB 48. By Senator Matthews of the 47th:
A Bill to be entitled an Act to amend an Act establishing a retirement for certain teachers in the public and State supported schools, relative to receiving the equivalent of a service retirement allowance, if a mem ber has 35 years of service, and for other purposes.
SB 52. By Senator Dews of the 9th:
A Bill to be entitled an Act to provide that no schools in any county shall be consolidated without a vote of the persons living in the affected county, and for other purposes.
SR 14. By Senator Raulerson of the 46th:
A Resolution to authorize the Governor acting on behalf of the State to convey certain property in Pierce County; and for other purposes.
SB 132. By Senator Blalock of the 36th:
A Bill to be entitled an Act to amend an Act to establish a City Court of Newnan; 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 151-428e. By Mr. Singer of Stewart:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the Clerk of the Superior Court and the Ordinary of Stewart 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.
894
JOURNAL OF THE HOUSE,
HB 533. By Messrs. Hardaway and Peters of Meriwether:
A Bill to be entitled an Act to amend an Act to provide for the compensation of the Chairman and members of the Board of Commis sioners 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 104, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 535. By Mr. 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 113, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 538. By Mr. Barker of Heard:
A Bill to be entitled an Act to amend an Act relating to the regulation of the installation of warm air heating equipment; and for other purposes.
The report 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 551. By Messrs. Mincy and Frier of Ware:
A Bill to be entitled an Act to provide that any political party primary for choosing nominees for county offices in Ware County shall be held on the same day that the State primary for such political party is held for choosing nominees for members of the General Assembly from Ware County; and for other purposes.
The report 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 10, 1956
895
HB 548. By Mr. Parker of Appling:
A Bill to be entitled an Act to amend an Act establishing the City Court of Baxley in Appling County; and for other purposes.
The following amendment was read and adopted:
Mr. Parker of Appling moves to amend HB 548 as follows: By striking from the end of Section 8, the following words: "provided that the provisions of this Act shall not apply to defendants who reside in the Baxley district."
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 555. By Mr. Jones of Lumpkin:
A Bill to be entitled an Act to authorize the governing authority of Lumpkin County to create and establish restricted zones or districts in 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.
The Bill, having received the requisite constitutional majority, was passed.
HB 557. By Mr. Musgrove of Clinch:
A Bill to be entitled an Act to provide that members of the County Boards of Education in all counties of this State having a population of not more than 6,000 and not less than 5,970 according to the 1950 United States census, or any future such census, shall be paid a per diem of twenty dollars ($20.00) per day for actual services; and for other purposes.
The report 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 559. By Mr. Rodgers of Charlton:
A Bill to be entitled an Act to provide that the members of the board of education in all counties having a population of not more than 4,950
896
JOURNAL OP THE HOUSE,
and not less than, 4,815 shall be paid for each day's service not to exceed twenty dollars ($20.00) and not to exceed forty dollars ($40.00) per month, to be paid from the county school funds; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SR 37. By Senator Steis of the 25th:
A Resolution to provide the Ordinary of Harris County, Georgia, cer tain enumerated volumes of the Georgia Supreme Court Reports; and for other purposes.
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 111, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
SB 122. By Senator Hollis of the 24th:
A Bill to be entitled an Act to amend the Charter of the City of Columbus in the County of Muscogee; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the Committees:
SR 41. By Senator Millican of the 52nd:
A Resolution to authorize and direct the Director of the Department of Public Safety to make a study and report of his findings as to the recommendations of the Joint Economy Committee, and for other pur poses.
Referred to the Committee on State of Republic.
SB 84. By Senators McBride of the 10th, Harden of the 27th, Jones of the 23rd and others:
A Bill to be entitled an Act to create and organize a new judicial cir-
FRIDAY, FEBRUARY 10, 1956
897
cuit to be known as the Dougherty Judicial Circuit, and for other pur poses.
Referred to the Committee on Special Judiciary.
SB 99. By Senators Harper of the 26th and Turner of the 34th:
A Bill to be entitled an Act to amend an Act relating to participation by policy holders in the net profits of insurance companies, and for other purposes.
Referred to the Committee on Insurance.
SB 100. By Senators Harper of the 26th and Turner of the 34th:
A Bill to be entitled an Act to amend the Excess Insurance Agents Law so as to require the affidavits of licensed agents issuing said policy and of the insured therein provided for to be filed with the Insurance Commissioner within sixty days from the issuance of such policy instead of within thirty days therefrom as provided in said law; and for other purposes.
Referred to the Committee on Insurance.
SB 110. By Senators Millican of the 52nd, Hollis of the 24th and Lovett of the 16th:
A Bill to be entitled an Act to amend the Act creating the State Board of Corrections as to the requirement of a formal adjudication of mental disease before a prisoner is transferred to Milledgeville State Hospital, and for other purposes.
Referred to the Committee on Penitentiary.
SB 119. By Senators Turner of the 34th and Harper of the 26th:
A Bill to be entitled an Act providing that all contracts agreeing to furnish ambulance service to any person in this State, shall be con strued as health and accident insurance contracts; and for other pur poses.
Referred to the Committee on General Judiciary #1.
SB 123. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act establishing the Criminal Court of Atlanta so as to require the Solicitor General of said Court to maintain a docket on which he shall enter all commitments made to said court from any magistrate, justice, recorders, municipal or civil court, and for other purposes.
Referred to the Committee on Municipal Government.
SB 124. By Senators Millican of the 52nd and Turner of the 34th:
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.
898
JOURNAL OF THE HOUSE,
SB 125. By Senator McBride of the 10th:
A Bill to be entitled an Act to provide for the regulation of the sale of livestock at auction; and for other purposes.
Referred to the Committee on General Agriculture #1.
SB 126. By Senators Strickland of the 3rd, Matthews of the 47th:
A Bill to be entitled an Act to amend an Act relating to the levy of tax and exemptions codified from the "Motor Fuel Tax Law", and for other purposes.
Referred to the Committee on Ways and Means.
SB 127. By Senator Millican of the 52nd:
A Bill to be entitled an Act to direct the Commissioners of Roads and Revenues thereof to pay to the Board of Education thereof, in addi tion to all other payments directed to be made by the constitution and laws of this from any funds held by or available to the commissioners of roads and revenues thereof and derived from sources other than taxation; in counties having a population of not less than 300,000, and for other purposes.
Referred to the Committee on Counties and County Matters.
SB 129. By Senators Harden of the 27th, Overby of the 33rd and Turner of the 34th:
A Bill to be entitled an Act to provide that the official court reporter of the Piedmont Judicial Circuit shall be compensated on a salary basis in lieu of all fees; and for other purposes.
Referred to the Committee on Special Judiciary.
SB 131. By Senator Paulk of the 45th:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues of Irwin County, and for other purposes.
Referred to the Committee on Counties and County Matters.
SB 135. By Senator Overby of the 33rd:
A Bill to be entitled an Act to repeal an Act relative to non-resident real estate brokers and agents, and application for licenses as such, and for other purposes.
Referred to the Committee on State of Republic.
SB 139. By Senator Overby of the 33rd:
A Bill to be entitled an Act to define debt adjusting, to describe the persons and organizations which shall be considered as engaged in the business of debt adjusting; and for other purposes.
Referred to the Committee on State of Republic.
FRIDAY, FEBRUARY 10, 1956
899
SB 140. By Senator Matthews of the 47th:
A Bill to be entitled an Act to provide that the compensation of the Sheriff, the Clerk of the Superior Court and the Ordinary of Colquitt County shall be on a salary basis and to provide their compensation; and for other purposes.
Referred to the Committee on Counties and County Matters.
SB 141. 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 142. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act to provide that cities hav ing a population of more than 150,000 by the census of 1920 or any subsequent census shall furnish pensions to all county officers and employees of such cities who have served twenty-five years; and for other purposes.
Referred to the Committee on Municipal Government.
SB 144. 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, ratified by general election in Nov. 1952 by amending and revising that certain act known as the "Savannah District Authority Act", and for other purposes.
Referred to the Committee on Counties and County Matters.
Mr. Singer of Stewart asked unanimous consent that the House reconsider its action in failing to pass the following Bill of the House:
HB 408. By Messrs. Singer of Stewart, Potts of Coweta, Matheson of Hart, Phillips of Walton and many others:
A Bill to be entitled an Act to provide for a method of holding a referendum as to the sale of public property owned by a county or municipal corporation; and for other purposes.
Objection was heard to the request to reconsider.
Mr. Singer of Stewart moved that the House reconsider its action in failing to pass HB 408.
The motion prevailed, and the Bill was reconsidered.
* Under the regular order of business, the following Bills and Resolutions of the House were taken up for consideration and read the third time:
900
JOURNAL OF THE HOUSE,
HB 352. By Mr. Bentley of Cobb, M. Smith of Pulton and Scoggin of Floyd:
A Bill to be entitled an Act to amend an Act entitled "An Act to amend and revise the adoption laws now set forth in Chapter 74-4 of the Code of 1933; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Ayers Barber of Colquitt Barker Baughman Bentley Birdsong Black Blackburn Blalock Callier Gates Chastain Cheek Clary Cocke Coker of Cherokee Cowart Coxwell Dean of Rackdale Been of Bacon Denmark Denson Dozier Duncan Fain Floyd Flynt Fordham Foster Fowler of Douglas Fowler of Tift Freeman Frier Garrard Gilleland
Green of Rabun Greene of Crisp Gross of Stephens Gross of Dade Gunter Hall Hardaway Hayes Henderson Hodges Holley Houston Hudson Ivey Jackson Jessup Johnson of Gilmer Jones of Worth Jones of Laurens Jones of Sumter Kelley Key Kilgore Killian Killingsworth King of Pike Lam Lokey Long Love Lowe Mallory Martin Mashburn Mauldin McCracken
McGarity McKelvey McKenna Moore Mull Palmer Parker Pelham Peters Pettey Phillips of Columbia Phillips of Walton Potts Ramsey Ray Register Rodgers Roughton Rowland Ruark Rutland Scoggin Sivell Smith of Evans M. M. Smith of Fulton
Souter Stephens of Clarke Stevens of Marion
Stripling Tamplin Tarpley Twitty Underwood of Bartow
Upshaw Veal Watson
FRIDAY, FEBRUARY 10, 1956
901
Weems Wheeler
Willingham Willis
Wilson of Towns Wilson of Peach
Those voting in the negative were Messrs.:
Bolton Carlisle
Lindsey Nightingale
Hoke Smith of Fulton Todd
On the passage of the Bill, the ayes were 114, nays 6.
The Bill, having received the requisite constitutional majority, was passed.
HR 92-261f. 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.
The following Committee amendment was read and adopted:
Mr. Jones of Laurens moves to amend HR 92-261f by striking out the sum of $4900 and adding in lieu thereof the sum of $2400.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the adoption of the Reso lution, as amended, was agreed to.
On the adoption of the Resolution, as amended, the Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Ayers Barber of Colquitt Barker Baughman Bentley Black Blalock Bolton Callier Gates Chastain Cheek Clary Cocke Coker of Cherokee Cowart Dean of Rockdale Deen of Bacon Denmark
Denson Duke Fain Flynt Fordham Foster Fowler of Douglas Fowler of Tift Freeman Frier Gilleland Green of Rabun Greene of Crisp Gross of Stephens Gross of Dade Gunter Hall Hardaway Hayes
Henderson Hodges
Holley Houston Hudson Ivey Jackson Johnson of Gilmer Jones of Worth Jones of Laurens Jones of Sumter Kelley Key Kilgore Killian Killingsworth King of Pike Lam Lanier
902
JOURNAL OF THE HOUSE,
Larkins Lindsey Lokey Long Love Lowe Mackay Martin Mashburn Massee Matthews McCracken McGarity McKelvey Moore Mull Nightingale Palmer Parker Pelham
Peters Pettey Phillips of Columbia Phillips of Walton Pickard Potts Ray Register Rodgers Roughton Rowland Rutland Short Singer Sivell Smith of Evans Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton Stephens of Clarke
Stevens of Marion Stripling Tamplin Tarpley Todd Truelove Turk Twitty Underwood of Bartow Underwood of
Montgomery Upshaw Veal Watson Weems Wheeler Willis Wilson of Towns Wilson of Peach Young
On the adoption of the Resolution, as amended, the ayes were 116, nays 0.
The Resolution having received the requisite constitutional majority, was adopted, as amende'd.
HB 448. By Messrs. Matthews of Clarke, and Bolton of Spalding:
A Bill to be entitled an Act to amend Code Section 30-123, relating to the relief of disabilities, so as to provide that the notice of application to remove disabilities shall be published once a week for four weeks next preceding the term of court at which the marital disabilities are removed; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Ayers Baughman Bentley Birdsong Black Blalock Bolton
Caldwell Callier Carlisle Cason Gates Chambers Chastain
Cheek Clary Cocke Cowart Coxwell Dean of Rockdale Deen of Bacon
FRIDAY, FEBRUARY 10, 1956
903
Denmark Den son Dozier Duke Fain Floyd Flynt Fordham Foster Fowler of Douglas Fowler of Tift Freeman Frier Garrard Gilleland Green of Rabun Greene of Crisp Groover Gross of Stephens Gross of Dade Gunter Hall Hardaway Harrison of Wayne Hayes Hodges Holley Houston Hudson Ivey Jackson Jones of Worth Jones of Lumpkin Jones of Laurens Jones of Sumter
Kelley Key Kilgore Killian Killingsworth King of Chattahoochee King of Pike Lam Lanier Larkins Lokey Long Love Lowe Martin Mashburn Massee Matthews Mauldin McCracken McGarity McKelvey McKenna Mobley Moore Mull Murphey of Crawford Nightingale Palmer Parker Pelham Peters Pickard Potts Ramsey
Ray Rodgers Roughton Rowland Rutland Short Sivell Smith of Evans Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton Souter Stephens of Clarke Stevens of Marion Stripling Tamplin Tarpley Todd Truelove Twitty Underwood of Bartow Underwood of
Montgomery Upshaw Veal Watson Weems Wheeler Williams Willis Wilson of Towns Wilson of Peach Young
On the passage of the Bill, the ayes were 123, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 449. By Messrs. Matthews of Clarke, and Bolton of Spalding:
A Bill to be entitled an Act to amend Code Section 30-101, relating to the granting of divorces; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the Speaker ordered the roll call and the vote was as follows:
904
JOURNAL OF THE HOUSE,
On the passage of the Bill, the Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Barber of Jackson Barker Baughman Bentley Birdsong Blackburn Bolton Caldwell Callier Campbell Carlisle Chambers Cheek Cocke Coker of Cherokee Coker of Walker Cornelius Cowart Dean of Rockdale Deen of Bacon Denmark Denson Dozier Duke Elder Fain Floyd Flynt Fordham Foster Fowler of Douglas Garrard Green of Rabun Groover Gross of Stephens Gross of Dade
Gunter Hall Harrell Hayes Holley Houston Hurst Ivey Jessup Johnson of Gilmer Jones of Worth Jones of Lumpkin Jones of Sumter Kelley Key Killian Killingsworth King of Whitfield King of Chattahoochee King of Pike Lam Lanier Larkins Lindsey Lokey Long Lowe
Mallory Martin Mashburn Masseo Matthews Mauldin McGarity McKelvey McKenna Mobley
Mull Nightingale Palmer Parker Pettey Phillips of Columbia Potts Ray Rowland Ruark Scoggin Smith of Evans Smith of Emanuel M. M. Smith of Fulton Souter Stephens of Clarke Stripling Taniplin Tarpley Terrell Todd Truelove Turk Twitty Underwood of Bartow Underwood of
Montgomery
Upshaw Veal Weems Wheeler Williams Willis Wilson of Towns
Young
Those voting in the negative were Messrs.:
Ayers Barber of Colquitt Black Cason Gates Chastain Clary Fowler of Tift Freeman
Frier Gilleland Henderson Hodges Jackson Jones of Laurens McCracken Moore Murphey of Crawford
Peters Ramsey Rodgers Stevens of Marion Watson Wilson of Peach Wooten
On the passage of the Bill, the ayes were 108, nays 25.
FRIDAY, FEBRUARY 10, 1956
905
The Bill, having received the requisite constitutional majority, was passed.
HR 155-454b. By Mr. Fowler of Tift:
A Resolution to compensate Mrs. Lillian Lord for damages; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 103, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 173-477J. By Mr. Killingsworth of Clay:
The previous question was ordered.
The main question was ordered.
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, having received the requisite constitutional majority, was adopted.
The Resolution was ordered immediately transmitted to the Senate.
HR 119-319J. 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.
The following Committee amendment was read and adopted:
Mr. Barber of Colquitt moves to amend HR 119-319J in paragraph 9 by striking out the sum of $1,000.00 and adding in lieu thereof the sum of $500.00 so that paragraph 9 will read "Whereas, The sum of $500 would be a just compensation for the injuries, pain and suffering caused by the negligence of the said act".
The previous question was ordered.
The main question was ordered.
906
JOURNAL OF THE HOUSE,
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 116, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
The Resolution, was ordered immediately transmitted to the Senate.
The Clerk was directed to strike the figure $5,000.00 and insert the figure $500.00 in the amendment to HR 119-319J.
HB 525 By Messrs. Moate of Hancock, Groover of Bibb, Odom of Camden, Barber of Colquitt, Duke of Baldwin, Sheffield of Brooks, Sanders of Richmond, and Wright of Ployd:
A Bill to be entitled an Act to provide that candidates for membership in the General Assembly of Georgia may run either in a county primary or a State Primary; and for other purposes.
The following substitute to HB 525 was read:
By Messrs. Moate of Hancock, Groover of Bibb, Odom of Camden and many others:
AN ACT
To provide that candidates for membership in the General Assembly of Georgia may run either in a county primary or a State primary; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Any other provisions of law to the contrary notwithstanding, any person who has been or who hereafter is nominated for membership in the General Assembly, either in a County Primary or the State Primary, shall be the nominee for such political party, and the names of such candidates shall be placed on the General Election Ballot as the official nominee of such party.
SECTION 2.
All laws and parts of laws in conflict with this Act are hereby repealed.
An amendment by the Committee was withdrawn. The following amendments to the substitute were read and adopted:
Mr. Groover of Bibb moves to amend the substitute for HB 525 by adding a new paragraph to be appropriately numbered as follows:
"Provided, further, however that nothing in this Act shall be con strued to force a political party to hold a primary."
FRIDAY, FEBRUARY 10, 1956
907
Mr. Harrison of Wayne moves to amend the Substitute to HB 525 by adding to Section 1 the following: "Provided, however, that no county primary in which members of the General Assembly are candi dates shall hereafter be called to be conducted prior to April 15th, of any year, and when so called all candidates for nomination to the Gen eral Assembly shall run therein."
The Substitute, as amended, was adopted.
Mr. Smith of Emanuel moved the previous question on Bill, substitute, and all amendments and the call was sustained.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, as amended, was agreed to, by substitute as amended.
On the passage of the Bill, by substitute, as amended, the ayes were 109, nays 7.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
The Bill was ordered immediately transmitted to the Senate.
HB 560. By Messrs. Houston and King of Whitfield, Stripling of Coweta, Caldwell of Upson, Harrison of Wayne, Wheeler of Seminole, and Bagby of Paulding:
A Bill to be entitled an Act to provide for a change in the salaries of the officers, non-commissioned officers and troopers of the Uniform Division of the Department of Public Safety and the members of the Georgia Bureau of Investigation of the Department of Public Safety; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The Bill was ordered immediately transmitted to the Senate.
HB 328. By Mr. Killian of Glynn: A Bill to be entitled an Act to prohibit the sale or furnishing of fire-
908
JOURNAL OF THE HOUSE,
arms to persons under sixteen years of age except under restrictions herein; and for other purposes.
The following amendments were read and adopted:
The Committee on Game and Fish moves to amend HB 328 in the following manner:
1. By striking from the 2nd and 3rd lines of Section 3 the words "subdivision or any other provisions of this law" and substituting in lieu thereof the word "act".
2. By changing the period at the end of sub-paragraph (a) of Section 3 to a comma and adding thereafter the word "or".
3. By changing the period at the end of sub-paragraph (b) of Section 3 to a comma and adding thereafter the word "or".
4. By striking from the 2nd and 3rd lines of sub-paragraph (c) of Section 3 the words "article designated in Section 1 of this Act", and substituting in lieu thereof the word "firearm".
Mr. Killian of Glynn moves to amend HB 328, as follows:
By adding a new Section thereto, immediately following Section 6, to be numbered Section 6A, to read as follows:
"Section 6A. Section 2, 3, 4 and 6 of this Act shall not become effective in any county of this State unless and until recommended by one grand jury of such county."
The previous question was ordered.
The main question was ordered.
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 Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien
Ayers Barber of Colquitt Barber of Jackson Birdsong Bloodworth Bolton Campbell Carlisle Chambers Cheek Coker of Cherokee
Coker of Walker Cowart
Dean of Rockdale Been of Bacon Denson Dozier Duke Elder Fordham Fowler of Douglas Gilleland Green of Rabun Greene of Crisp
Groover Gunter
Hall Harrell Harrison of Wayne Hawkins Henderson Hodges Holley Jessup Jones of Worth Jones of Laurens Jones of Sumter
FRIDAY, FEBRUARY 10, 1956
909
Kelley Kennedy of Tattnall Key Killian Killingsworth King of Whitfield King of Pike
Lam Lindsey
Lokey Long Mackay Mallory Massee Matthews Mauldin McCracken
McGarity McKelvey Mull
Murphey of Crawford Nightingale Nilan Palmer Parker Peacock Pelham Peters Phillips of Walton
Potts Ramsey Rodgers Rowland Rutland
Scoggin Sheffield Short Sivell Smith of Evans Stevens of Marion Strickland Tamplin Tarpley Turk Underwood of Bartow
Veal Watson Wheeler Wilson of Towns Wilson of Peach Young
Those voting in the negative were Messrs.:
Barker Baughman Black Blackburn Blalock Clary Duncan Floyd Foster Freeman
Garrard
Gross of Stephens Gross of Dade Hardaway Huddleston Hudson Jackson Johnson of Gilmer Jones of Lumpkin Martin Moore Perkins
Hoke Smith of Fulton Stephens of Clarke Todd Twitty Underwood of
Montgomery
Upshaw Weems Williams Willis
On the passage of the Bill, as amended, the ayes were 90, nays 31.
The Bill, having failed to receive the requisite constitutional majority, was lost.
Mr. Killian of Glynn gave notice that at the proper time he would move that the House reconsider its action in failing to pass HB 328.
HB 20. By Mr. Bolton 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 De partment of Public Safety or its designated agent, shall be exclusive authority to make arrests for speeding on State Highways within this State that are also designated as United States Highways; and for other purposes.
The following substitute was read: By Messrs. Lindsey and Bolton of Spalding: A BILL To be entitled an Act to amend an Act known as the "Uniform Act
910
JOURNAL OP THE HOUSE,
Regulating Traffic on Highways", approved January 11, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., p. 556), as amended, so as to provide that the State Department of Public Safety and designated agents thereof shall have exclusive authority to make arrests for speeding on State Highways within this State which are also designated as United States Highways; to designate agents; to provide for the revocation of the authority of designated agents to make arrests for speeding on such highways; to prescribe the procedure connected therewith; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act known as the "Uniform Act Regulating Traffic on Highways", approved January 11, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., p. 566), as amended, is hereby amended by adding a new section to Article VI, to be known as Section 53A, to read as follows:
"Section 53A. The State Department of Public Safety and agents provided for hereinafter shall have exclusive jurisdiction to make arrests for speeding on State Highways within this State, either within or without the corporate limits of municipal corpora tions, if such highways are also designated as United States High ways. All County and municipal law enforcement officers having authority to make arrests for such offense over other roads are hereby designated as agents of the Department of Public Safety for the purpose of making arrests for speeding on the highways specified herein in the respective jurisdictions in which such offi cers are authorized to make arrests for other offenses. The author ity of any agent, as provided herein, may be revoked in the manner provided for hereinafter. The Director of the Department of Public Safety, upon reaching a decision that an agent is abusing such authority may, at his discretion, notify the Advisory Board pro: vided for hereinafter. Such Board shall be composed of the Presi dent of the Peace Officers' Association of Georgia, Inc., who shall be Chairman, the President of the Georgia Sheriffs Association, and the President of the Solicitors General Association. Upon such notification, the Advisory Board shall meet, and after studying the circumstances, make its recommendation, within thirty (30) days of the receipt of such notification, as to whether such authority should be revoked. In the event the Board fails or refuses to act within such thirty day period, the Director shall then notify the next grand jury of such agent's county, as provided for hereinafter. If the Board recommends that the authority not be revoked, the authority of such agent shall not be revoked, and no proceedings under this section shall be taken as regards such agent for a period of at least three (3) months after the date of such recommendation. In the event the Board recommends that the authority of such agent be revoked, the Director shall notify the next grand jury of such agent's county, and the grand jury shall conduct an investi gation of the charges involved. Such investigation and recommenda tions shall be forwarded to the Director, and in the event the grand jury recommends that the authority be revoked, it shall be the duty of the Director to revoke such authority. In the event the authority of any such agent is revoked, such authority shall stand automatically reinstated at the end of six months from the date of such revocation, unless the grand jury of such agent's
FRIDAY, FEBRUARY 10, 1956
911
county recommends that such authority not be reinstated. Each member of the Advisory Board shall receive $20 for each days service spent in the performance of the duties provided for such Board, plus actual expenses incurred as a result thereof. The funds necessary for carrying out the provisions of this section shall be paid from the funds appropriated to or available to the Depart ment of Public Safety."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
The following amendment to the substitute was read and adopted:
Mr. Twitty of Mitchell moves to amend the substitute to HB 20 by striking the last two sentences of Section 1.
The Substitute, as amended, was adopted.
Mr. Freeman of Monroe moved the previous question and the call was sus tained.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to, by substitute, as amended.
On the passage of the Bill, by substitute, as amended, the Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Bolton Carlisle Dean of Rockdale Fowler of Douglas Gunter Huddleston
Killian Lindsey Mackay Matthews Mauldin Nightingale
Nilan Potts Rutland Strickland Stripling Underwood of Bartow
Those voting in the negative were Messrs.:
Adams Alien Ayers Bagby Barber of Colquitt Barber of Jackson Barker Baughman Bentley Birdsong Black Blackburn Blalock Caldwell
Chambers Chastain Cheek Clary Cloud Coker of Cherokee Cornelius Cowart Deen of Bacon Denson Dozier Duke Elder Fain
Floyd Fordham Foster Fowler of Tift Freeman Garrard Gilleland Greene of Crisp Groover Gross of Stephens Gross of Dade Hall Hardaway Harrell
912
JOURNAL OF THE HOUSE,
Harrison of Wayne Hawkins Henderson Hodges Holley Jackson Johnson of Gilmer Jones of Worth Jones of Lumpkin Jones of Laurens
Kelley Key Killingsworth
King of Pike Lam Lokey Love Lowe Mallory
Martin Massee McCracken McKelvey Moore Mull Murphey of Crawford Murphy of Haralson Palmer Parker
Peacock Peters Pettey
Phillips of Walton Ramsey Rodgers Roughton Rowland Ruark
Scoggin Sheffield Sivell Smith of Evans Hoke Smith of Fulton Stephens of Clarke Tamplin Tarpley Todd Turk
Twitty Underwood of
Montgomery
Upshaw Weems Wheeler Willis . Wilson of Towns Wilson of Peach
On the passage of the Bill, by substitute, as amended, the ayes were 18, nays 98.
The Bill, having failed to receive the requisite constitutional majority, was lost.
HB 474. By Messrs. Duke and Massee of Baldwin:
A Bill to be entitled an Act providing a method by which employees of certain hospitals and institutions may obtain goods and services; and for other purposes.
The following amendment was read and adopted:
Mr. Twitty of Mitchell moves to amend HB 474 by adding the following paragraph to be appropriately numbered:
"Provided however that no one shall be permitted to make any single purchase of goods or services in excess of $50.00 for any person except himself or member of his immediate household, ex cepting herefrom medical services only."
Mr. Strickland of Toombs moved the previous question on the Bill and amendments and the call was sustained.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the Speaker ordered the roll call and the vote was as follows:
FRIDAY, FEBRUARY 10, 1956
913
Those voting in the affirmative were Messrs.:
Barber of Jackson Baughman Black Blalock Bolton Carlisle Chambers Cheek Clary Cloud Coker of Cherokee Dean of Rockdale Deen of Bacon Duke Duncan Fordham Foster Fowler of Douglas Freeman Garrard Green of Rabun Greene of Crisp Groover Hardaway Harrell Hawkins
Hodges Holley Huddleston Ivey Jackson Jones of Worth Jones of Laurens Jones of Sumter Kelley Key Kilgore Killian Killingsworth King of Pike Lavender Lindsey Lokey Long Lowe Massee Matthews McKenna Murphey of Crawford Murphy of Haralson Nilan Palmer
Peacock Perkins Phillips of Walton Potts Ramsey Rodgers Roughton Rowland Ruark Sanders Sheffield Smith of Evans Stephens of Clarke Stripling Tamplin Tarpley Todd Twitty Underwood of Bartow Underwood of
Montgomery
Veal Wheeler Wilson of Peach Mr. Speaker
(Moate)
Those voting in the negative were Messrs.:
Ayers Bagby Barker Birdsong Blackburn Caldwell Cowart Denson
Elder Gilleland
Gross of Dade Gunter Henderson
Lam Love Mackay Mallory Martin McCracken McWhorter
Nightingale Peters Rutland Sivell Strickland Upshaw Watson Williams Wilson of Towns
Young
On the passage of the Bill, as amended, the ayes were 76, nays 30.
The Bill, having failed to receive the requisite constitutional majority, was lost.
Mr. Duke of Baldwin gave notice that at the proper time he would move that the House reconsider its action in failing to pass HB 474.
The following Resolutions of the House were taken up for the purpose of considering the unfavorable reports of the Committee thereon:
914
JOURNAL OF THE HOUSE,
HR 113-319d. By Mr. Wheeler of Seminole:
A Resolution to compensate Roy Hill for injuries; and for other pur poses.
HR 114-319e. By Mr. Wheeler of Seminole:
A Resolution to compensate Emma Mae Bell for the death of her hus band; and for other purposes.
HR 115-319f. By Mr. Wheeler of Seminole:
A Resolution to compensate Lillie Ruth Lee of Bacom, Florida for the death of her husband; and for other purposes.
Mr. Wheeler of Seminole moved that the House disagree to the unfavorable reports of the Committee.
The motion to disagree prevailed.
HR 204-561c. By Messrs. Sanders, Holley and Chambers of Richmond:
A Resolution authorizing the establishing and leasing of port facilities in Richmond County; and for other purposes.
Mr. Sanders of Richmond moved that HR 204-561c be postponed until Mon day, February 13, 1956, immediately following the expiration of the period of unanimous consents.
Mr. Sheffield of Brooks moved that the following Bill of the House be with drawn from further consideration of the House:
HB 481. By Mr. Sheffield of Brooks:
A Bill to be entitled an Act to amend the Constitution to elect members of the Brooks County Board of Education; and for other purposes.
The motion prevailed, and the Bill was withdrawn from further consideration of the House.
The following Resolutions of the House were read and adopted:
HR 37. By Mr. Harrison of Wayne:
A Resolution expressing the opposition of the General Assembly of Georgia to the passage of the "Federal Aid to Education Bill", and for other purposes.
HR 216. By Messrs. Barber and Short of Colquitt and others:
A Resolution relating to the Athletic Associations of the University of Georgia and the Georgia Institute of Technology, and for other purposes.
FRIDAY, FEBRUARY 10, 1956
915
HR 217. By Messrs. Foster of Clayton, M. Smith of Fulton, and others:
A Resolution relative to the retention of the Automotive Training School at the Atlanta General Depot, and for other purposes.
HR 218. By Messrs. Moate of Hancock, Groover of Bibb and others:
A Resolution expressing thanks to the Honorable Mose Edenfield, and for other purposes.
HR 219. By Mr. Denmark of Liberty:
A Resolution to require Honorable Cleve Mincy to entertain Honorable T. Grady Head at his home in Waycross, and to escort him through the Okefenokee Swamp, and for other purposes.
HR 220. By Messrs. Sheffield of Brooks, Harrison of Wayne and others:
A Resolution endorsing the Southern Forest Fire Prevention Conference and urging participation and attendance therein by public officials and other persons, and for other purposes.
HR 221. By Messrs. Brannen of Dooly and Groover of Bibb:
A Resolution expressing regret at the death of Honorable E. H. Conner, Mayor of the City of Unadilla, and for other purposes.
HR 222. By Messrs. Bodenhamer of Tift, Groover of Bibb and others:
A Resolution urging the Georgia Congressional Delegation to oppose the passage of "H.R. 7535", and for other purposes.
HR 223. By Messrs. Barber of Jackson and Stephens and Matthews of Clarke:
A Resolution expressing appreciation to the Institute of Law and Gov-
1
ernment of the University of Georgia Law School, and for other pur
poses.
HR 224. By Messrs. Williams of Hall, Fain of Franklin and others:
A Resolution wishing a speedy recovery for Henry Martin, son of Repre sentative Tom Martin of Banks County, and for other purposes.
HR 225. By Messrs. Stripling and Potts of Coweta:
A Resolution expressing appreciation to the Cable Piano Company, and for other purposes.
Mr. Groover of Bibb moved that the House do now adjourn until 10:00 o'clock, a.m., Monday, February 13, 1956, and the motion prevailed.
Speaker announced the House adjourned until 10:00 o'clock, a.m., Mon day, February 13, 1956.
916
JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia. Monday, February 13, 1956.
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, Reverend H. B. O'Bryant, Sparta Bap tist Church, Sparta, Georgia.
The roll was called and the following members answered to their names:
Adams Alien Ayers Barber of Colquitt Barber of Jackson Barker Baughman Bentley Birdsong Black Blackburn Blalock Blood worth Bodenhamer Bolton Brannen Brown Caldwell Callier Campbell Carlisle Cason Gates Chambers Chastain Cheatham Cheek Clary Cocke Coker of Cherokee Coker of Walker Cotton Cowart Coxwell Deal Dean of Rovkdale Deen of Bacon Denmark Denson Dozier Drinkard Edenfield Elder
English Eyler Fain Floyd Flynt Fordham Foster Fowler of Douglas Fowler of Tift Frier Garrard Gilleland Green of Rabun Greene of Crisp Grimsley Groover Gross of Stephens Gross of Dade Gunter Hall Hardaway Harrell Hawkins Hayes Henderson Hodges Hogan Houston Huddleston Hudson Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Worth Jones of Lumpkin Jones of Sumter Kelley Kennedy of Turner Kennedy of Tattnall Key Kilgore Killian
Killingsworth King of Pike Kitchens Lam Land Larkins Lindsey Lokey Long Lowe Mallory Martin Mashburn Matheson of Hart Matthews McCraeken McGarity McKenna Mincy Mobley Moore Moorman Murphey of Crawford Murphy of Haralson
Murr Musgrove Nightingale
Nilan Odom Palmer Parker Peacock Pelham Perkins Phillips of Columbia Phillips of Walton
Pickard Potts Ramsey Raulerson Ray Reed Register
MONDAY, FEBRUARY 13, 1956
917
Rodgers Rowland Ruark Sanders Scoggin 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 Stewart Strickland Stripling Tamplin Tanner Tarpley Terrell Todd
Truelove Turk Twitty Underwood of Bartow
Upshaw
Veal Watson Weems Wheeler Williams Willingham Willis Wilson of Towns Wilson of Peach
Wooten Young Mr. Speaker
(Moate)
Those not answering the roll call were Messrs. Baghy, Cloud, Cornelius, Duke, Duncan, Freeman, Gillis, Harrison of Jeff Davis, Harrison of Wayne, Hendrix, Holley, Hurst, Ivey, Jones of Laurens, Jordan, King of Whitfield, King of Chattahoochee, Lanier, Lavender, Love, Mackay, Massee, Mathis of Lowndes, Mauldin, McKelvey, McWhorter, Mull, Peters, Pettey, Roughton, Russell, Rtuland, Sheffield, Singer, Underwood of Montgomery, and Wright.
Mr. Veal of Putnam, Acting 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 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 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:
918
JOURNAL OF THE HOUSE,
SB 80. By Senator Overby of the 33rd:
A Bill to amend Code Section 88-110, relating to the compensation of the members of the State Board of Health; and for other purposes.
SB 88. By Senators Davis of the 42nd, Hollis of the 24th, and Overby of the 33rd:
A Bill to amend Section 114-706 of the 1933 Code of Georgia, to provide for hearings regarding disagreements in connection with Workmen's Compensation; and for other purposes.
SB 136. By Senator Parker of the 20th:
A Bill providing a method by which employees of certain hospitals and institutions may obtain goods and services; to repeal conflicting laws; and for other purposes.
SB 137. By Senator Lovett of the 16th: A Bill to be entitled an Act to amend an Act creating a new city charter for the City of Dublin; and for other purposes.
SB 138. By Senator Lovett of the 16th: A Bill to provide that the Ordinary of Laurens County, Georgia, shall have a supplemental salary in addition to the fees and other compen sation to which he is now entitled; and for other purposes.
SB 149. By Senator Harrison of the 17th: A Bill to amend Act to create the Office of Tax Commissioner of Jenkins County, Georgia; and for other purposes.
SB 156. By Senator Overby of the 33rd: A Bill to authorize all eligible officials and employees of the State Office Building Authority to become members of the Employees' Retirement System of Georgia; and for other purposes.
SB 155. By Senator Lovett of the 16th: A Bill to provide that any person riding in a State Patrol car when not on official duty automatically waives all claims against the State in case of injury or damages; to provide for exceptions; to repeal con flicting laws; and for other purposes.
HB 145. By Mr. Mobley of Burke and others: A Bill to amend an Act known as the Georgia State Warehouse Act, so as to provide a change in the bond requirement.
HB 168. By Messrs. Lavender of Elbert, Matheson of Hart and others: A Bill to change the terms and the time of meeting of the Superior
MONDAY, FEBRUARY 13, 1956
919
Courts of the counties of the Northern Judicial Circuit; and for other purposes.
HB 208. By Mr. Lanier of Candler and others:
A Bill to provide bonded certified public weigher at Tobacco Ware houses; and livestock Auction Barns.
HB 234. By Mr. Stripling of Coweta and others:
A Bill to repeal an Act relating to the inquiry into offenses relating to obscene matter by indictment or presentment.
HB 267. By Mr. Moate of Hancock and others:
A Bill to require that all common carriers of passengers for hire in intrastate travel providing waiting room and reception room facilities, shall provide separate accommodations for white and colored passengers traveling in intrastate travel.
HB 268. By Mr. Moate of Bibb and others:
A Bill to require that all persons traveling in intrastate travel occupy or use only the waiting rooms marked and provided for such persons.
HB 285. By Mr. Dozier of Miller:
A Bill to amend an Act providing for the use of voting machines in Miller County.
HB 294. By Mr. Barber of Colquitt:
A Bill to amend an Act establishing a State Board for Professional Engineers and Surveyors.
HB 353. By Mr. Bentley of Cobb and others:
A Bill to amend an Act establishing Juvenile Courts and providing the procedure connected therewith.
HB 365. By Mr. Fowler of Douglas:
A Bill to permit a sheriff of any county having a population in excess of 12,000 but no more than 12,200, to delegate to the Tax collector or tax commissioner of such county, the power and authority to levy and conduct judicial sales in the manner now provided by law for sales by sheriffs, etc.
HB 371. By Mr. Mathis of Lowndes and others:
A Bill to provide for the use of voting machines, for casting, registering, recording and computing ballots or votes in all elections including pri maries and municipal elections in the County of Lowndes.
920
JOURNAL OF THE HOUSE,
HB 392. By Mr. Russell of Barrow:
A Bill creating a Board of Commissioners of Roads and Revenues for the County of Barrow; and for other purposes.
HB 399. By Messrs. Foster and Blalock of Clayton:
A Bill to amend an Act creating a three member Board of Commissioners of Roads and Revenues of Clayton County; and for other purposes.
HB 403. By Mr. Ramsey of Effingham:
A Bill to amend an Act incorporating the Town of Rincon in the County of Effingham; and for other purposes.
HB 405. By Mr. Souter of Macon:
A Bill to amend an Act incorporating the Town of Ideal; and for other purposes.
HB 406. By Mr. Harrell of Grady:
A Bill to amend an Act incorporating the City of Cairo; and for other purposes.
HB 410. By Mr. Fowler of Douglas:
A Bill to authorize the governing authority of Douglas County to create and establish restricted zones of districts; and for other purposes.
HB 411. By Mr. Jones of Lumpkin:
A Bill to amend an Act consolidating the office of Tax Receiver and Tax Collector of Lumpkin County into the office of Tax Commissioner of Lumpkin County; and for other purposes.
HB 415. By Mr. Bagby of Paulding:
A Bill to amend, consolidate, and supersede the several Acts incorpo rating the Town of Hiram; and for other purposes.
HB 417. By Messrs. Sognier, Cheatham and Eyler of Chatham:
A Bill to amend the Charter of the Mayor and Aldermen of the City of Savannah; and for other purposes.
HR 12. By Mr. Odom of Camden:
A Resolution authorizing the Governor to convey certain State property in 29th G.M. District in Camden County, being a part of the Santa Maria State Park property, to the United States of America as a part of a proposed ammunition loading dump--King's Bay, near St. Mary's Georgia, to be used by the United States Army and Navy; and for other purposes.
MONDAY, FEBRUARY 13, 1956
921
HR 52. By Messrs. Matthews and Stephens of Clarke:
A resolution authorizing and directing the State Librarian to furnish certain law books to the Ordinary of Clarke County; and for other purposes.
HR 53. By Mr. Fowler of Douglas:
A Resolution authorizing and directing the State Librarian to furnish certain law books to Douglas County; and for other purposes.
HR 67. By Mr. Cowart of Calhoun:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the Clerk of the Superior Court of Calhoun 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 232. By Messrs. Williams and Gunter of Hall and Martin of Banks:
A Bill to incorporate the City of Lula in the Counties of Hall and Banks; to grant a charter to said City; and for other purposes.
HB 318. By Messrs. Bolton and Lindsey of Spalding:
A Bill to amend the charter of the City of Griffin; and for other pur poses.
HB 351. By Mr. Bentley of Cobb:
A Bill to provide that a parent or guardian shall be liable for the wilful and wanton torts of his minor child in an amount not to exceed five hundred dollars.
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the Senate to wit:
SB 108. By Senators Hollis of the 24th, Lovett of the 16th and Millican of the 52nd:
A Bill to be entitled an Act to prohibit officers and departments of State government from spending budgeted funds for any purpose other than the one for which the fund was allocated; and for other purposes.
SB 58. By Senator Turner of the 34th and Senator Harper of the 26th:
A Bill to be entitled an Act to provide for the approval of all policies of insurance by the Insurance Commissioner; to create a Commission to which an appeal may be made; to provide penalties; to repeal all conflicting laws; and for other purposes.
SB 107. By Senator Millican of the 52nd: A Bill to be entitled an Act to authorize the transfer to Milledgeville
922
JOURNAL OF THE HOUSE,
State Hospital without formal commitment of persons enrolled in the Georgia Training School for Mental Defectives; and for other purposes.
SB 150. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend the Act providing a complete and comprehensive vital statistics law for Georgia so as to provide that in all counties of the State having a population of 300,000 or more by the last United States census or any succeeding United States census, in which there is a county health department, the Director of the Depart ment of Public Health shall appoint one of the salaried employees of such department as local registrar; and for other purposes.
SB 151. By Senators Brooks of the 50th, Harden of the 27th, Ponsell of the 5th and many others:
A Bill to be entitled an Act to amend Chapter 18-2 of the Georgia Code, relating to common carriers of passengers, so as to provide that any female passenger shall be entitled to the entire seat occupied by her where she requests same; and for other purposes.
SB 152. By Senators Brooks of the 50th, Jones of the 38th, Morrison of the 15th and others:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety and defining its duties and powers; and for other purposes.
SB 158. By Senator Richardson of the 13th:
A Bill to be entitled an Act to provide for the licensing and bonding of dealers in agricultural products; and for other purposes.
The Senate has passed by substitute by the requisite constitutional majority the following Bill of the House to wit:
HB 183. By Messrs. Campbell and Coker of Walker:
A Bill to be entitled an Act to amend an Act relating to the issuance of marriage licenses; and for other purposes.
The Senate has passed as amended by the requisite constitutional majority the following bill of the House to wit:
HB 198. By Mr. Fain of Franklin:
A Bill to be entitled an Act to repeal an Act creating the office of Commissioner of Roads and Bridges and a Board of Finance for Frank lin County; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the Senate to wit:
SB 160. By Senators Parker of the 20th and Dean of the 40th:
A Bill to be entitled an Act to provide that loads of pulpwood shall be
MONDAY, FEBRUARY 13, 1956
923
chained or cabled with not less than two (2) chains or cables; and for other purposes.
SB 153. By Senators Brooks of the 50th, Harden of the 27th, Coffin of the llth and many others:
A Bill to be entitled an Act to amend an Act to provide revenue and a source of revenue for the purpose of paying annuities and benefits to the peace officers of the State of Georgia; to provide for a commis sion to receive and disburse funds; to provide for a method payment of such funds to beneficiaries thereof; and for other purposes.
SR 35. By Senator Overby of the 33rd:
A Resolution creating a committee to study the advisability of con structing a building for the purpose of storing county and State records; and for other purposes.
SR 42. By Senator Millican of the 52nd:
A Resolution proposing to the people of Georgia, for ratification or rejection, an amendment to Article VII of the Constitution of Georgia of 1945, authorizing the City of Atlanta to incur indebtedness for school purposes.
SR 43. By Senator Millican of the 52nd:
A Resolution to compensate Mr. John A. Willding for damages to his automobile with a State Highway Department truck owned by the State Highway Department and driven by Mr. J. L. Brown; and for other purposes.
SR 45. By Senator Millican of the 52nd:
A Resolution proposing an amendment to the Constitution so as to change the number of days within which the Governor shall submit the budget message and the general appropriation bill to the General As sembly; and for other purposes.
By unanimous consent, the following Bills and Resolutions of the House were read the first time and referred to the Committees:
HB 614. 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 615. 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.
924
JOURNAL OF THE HOUSE,
HB 616. 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 incor porate the City of Hapeville, so as to provide for the expense of paving streets and the placing of sewerage and water within the City of Hape ville, and for other purposes.
Referred to the Committee on Municipal Government.
HB 617. By Messrs. McWhorter, Mackay and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act creating the Civil Court of DeKalb County, by increasing the jurisdiction of such Court in civil cases; and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 618. By Messrs. Foster and Blalock of Clayton:
A Bill to be entitled an Act to amend an Act incorporating the City of Lake City, in the County of Clayton, and for other purposes.
Referred to the Committee on Municipal Government.
HB 619. By Mr. Coker of Cherokee:
A Bill to be entitled an Act to repeal an Act entitled an Act to place the Clerk of the Superior Court, the Ordinary, the Tax Commissioner, and the Sheriff of Cherokee County on a salary basis in lieu of a fee basis; and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 620. By Mr. Hendrix of Long:
A Bill to be entitled an Act to provide that the venue of any action arising from the pollution of any stream in this State by depositing therein of any chemical solution or industrial waste shall be in any county adjacent to or that borders on the polluted area of the stream; and for other purposes.
Referred to the Committee on General Judiciary #1.
HB 621. By Mr. Souter of Macon:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenue for the County of Macon, and for other purposes.
Referred to the Committee on Counties and County Matters
HR 226-621a. By Messrs. Williams and Gunter of Hall:
A Resolution to compensate Steve Black for personal injuries caused by defective machinery while serving a term in the Jackson County Public Works Camp; and for other purposes.
Referred to the Committee on Special Appropriations.
MONDAY, FEBRUARY 13, 1956
925
HR 227-621b. By Messrs. Mauldin of Gordon and Scoggin of Floyd:
A Resolution to authorize the Governor of Georgia to declare the present National Guard Armory and Warehouse located in Calhoun, Gordon County, Georgia, obsolete and abandoned by the National Guard of Georgia upon completion of the new National Guard Armory Building in Calhoun, and for other purposes.
Referred to the Committee on Public Property.
HR 228-621c. By Mr. Foster of Clayton:
A Resolution to compensate Horace Andrew McCullers for damages to his property; and for other purposes.
Referred to the Committee on Special Appropriations.
HR 229-621d. By Mr. Barker of Heard:
A Resolution to compensate R. H. Jackson, Sidney Brazeal and Charles A. Stallings; and for other purposes.
Referred to the Committee on Special Appropriations.
HR 230-621e. By Messrs. Seoggin of Floyd and Mauldin of Gordon:
A Resolution to authorize the Governor on behalf of the State of Geor gia to reconvey to the City of Calhoun, Gordon County, a tract of land formerly conveyed to the State by said City, and for other purposes.
Referred to the Committee on Public Property.
HB 622. By Messrs. McKenna and Groover of Bibb:
A Bill to be entitled an Act to amend an Act to re-enact the charter of the City of Macon, and for other purposes.
Referred to the Committee on Municipal Government.
HB 623. By Messrs. Groover and McKenna of Bibb:
A Bill to be entitled an Act to amend an Act which Act 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 declara tion of policy; and for other purposes.
Referred to the Committee on State of Republic.
HB 624. By Messrs. Lanier of Candler and Smith of Evans:
A Bill to be entitled an Act to amend an Act regulating the feeding of garbage to livestock, and for other purposes.
Referred to the Committee on General Agriculture #1.
HB 625. By Mr. McGarity of Henry: A Bill to be entitled an Act to amend an Act to provide for the regula-
926
JOURNAL OF THE HOUSE,
tion of the installation of warm air heating equipment in certain coun ties, and for other purposes.
Referred to the committee on Counties and County Matters.
HB 626. By Mr. Barber of Jackson:
A Bill to be entitled an Act to repeal an Act limiting the amount of term insurance which may be issued under Group Life Insurance poli cies delivered in this State; and for other purposes.
Referred to the Committee on Insurance.
HR 234-626a. By Messrs. Chastain and Willis of Thomas:
A Resolution to compensate Mrs. Lela Mae Griffin for injuries received in an accident on State Highway No. 27, and for other purposes.
Referred to the Committee on Special Appropriations.
By unanimous consent, the following Resolution of the Senate was recom mitted to the Committee on Amendments to Constitution # 1:
SR 22. By Senator Millican of the 52nd:
A Resolution proposing an amendment to the Constitution so as to authorize the extension of terms of the grand jury of Fulton County; and for other purposes.
By unanimous consent, the following Bills and Resolutions of the House and Senate were withdrawn from the Committee on State of Republic, read the second time and recommitted:
SB 49. By Senators Overby of the 33rd and McDonald of the 43rd:
A Bill to be entitled an Act to amend an Act providing revenue and a source of revenue for the purpose of paying annuities and benefits to the peace officers of the State of Georgia; and for other purposes.
SB 133. By Senators Millican of the 52nd, Lovett of the 16th, and Hollis of the 24th:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety of Georgia, by changing the duties of the Georgia State Patrol; and for other purposes.
SR 41. By Senator Millican of the 52nd:
A Resolution to authorize and direct the Director of the Department of Public Safety to make a study and report of his findings as to the recommendations of the Joint Economy Committee; and for other pur poses.
MONDAY, FEBRUARY 13, 1956
927
HB 574. By Messrs. Goover of Bibb, Lavender of Elbert, Chastain of Thomas, and Coker of Cherokee:
A Bill to be entitled an Act to amend the Code relating to State deposi tories ; and for other purposes.
HR 215-608e. A Resolution to provide for the appointment of a commission composed of five members to study the problems of consumer financing of personal property in this State and to make recommendations; and for other purposes.
HB 607. By Mr. Groover of Bibb:
A Bill to be entitled an Act to create a Public Safety Council; and for other purposes.
By unanimous consent, the following Resolutions of the House were with drawn from the Committee on Amendments to Constitution '#1, read the second time and recommitted:
HR 213-608c. By Mr. Perkins of Carroll:
A Resolution proposing an amendment to the Constitution so as to pro vide that Carroll county shall be divided into political subdivisions for the purpose of issuing bonds to purchase school sites and to build and equip school houses; and for other purposes.
HR 214-608d. By Mr. Perkins of Carroll:
A Resolution proposing an amendment to the Constitution so as to pro vide for the dividing of Carroll County into six senior high school dis tricts; and for other purposes.
By unanimous consent, the following Resolution of the House was withdrawn from the Committee on Public Property, read the second time and recommitted:
HR 167-477d. By Messrs. Lokey, M. Smith, and H. Smith of Fulton:
A Resolution to authorize the Governor to convey to the City of Atlanta a tract of land required by the City for use in connection with the con struction of a limited access expressway; and for other purposes.
By unanimous consent, the following Bills of the House and Senate were withdrawn from the Committee on Counties and County Matters, read the second time and recommitted:
SB 140. By Senator Matthews of the 47th:
A Bill to be entitled an Act to provide that the Compensation of the Sheriff, the Clerk of the Superior Court and the Ordinary of Colquitt County shall be on a salary basis and to provide their compensation; and for other purposes.
SB 118. By Senator Harper of the 26th:
A Bill to be entitled an Act to abolish city courts in certain counties
928
JOURNAL OF THE HOUSE,
having civil and criminal jurisdiction in such counties concurrent with the superior courts therein; and for other purposes.
SB 12. By Senator Parker of the 20th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners for Baldwin County; and for other purposes.
HB 522. By Mr. Perkins of Carroll:
A Bill to be entitled an Act to remove the Sheriff, Clerk of the Superior Court and City Court, and the Ordinary of Carroll County from the fee system; and for other purposes.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Public Highway #1, read the second time and recommitted:
HB 176. By Messrs. Groover of Bibb, Willingham of Cobb, Roughton of Wash ington, Scoggin of Floyd, and Bentley of Cobb:
A Bill to be entitled an Act to amend an Act providing for the desig nation of streets lying within corporate limits of Municipalities of this State forming a continuation of, or a link in the State aid system of roads as a part of the State aid System of roads, and for the purpose of constructing and maintenance; and for other purposes.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on General Judiciary #1, read the second time and recommitted:
HB 249. By Messrs. Bolton of Spalding, Underwood of Bartow, Coker of Cherokee, and Campbell of Walker:
A Bill to be entitled an Act to amend the Code, relating to the record ing of conditional bills of sale; and for other purposes.
By unanimous consent, the following Bills of the House and Senate were withdrawn from the committee on Special Judiciary, read the second time and recommitted:
HB 596. By Messrs. Denmark of Liberty, Rodgers of Charlton, Raulerson of Echols, McKelvey of Polk, and Wheeler of Seminole:
A Bill to be entitled an Act to provide for legalized dogs and horse racing; and for other purposes.
SB 84. By Senators McBride of the 10th, Harden of the 27th, Jones of the 23rd; and others:
A Bill to be entitled an Act to create and organize a new judicial cir cuit to be known as the Dougherty Judicial Circuit; and for other purposes.
By unanimous consent, the following Bills of the House were withdrawn from the Committee on Municipal Government, read the second time and recom mitted :
MONDAY, FEBRUARY 13, 1956
929
HB 210. By Mr. Gunter of Hall:
A Bill to be entitled an Act to amend an Act to enable the City of Gainesville and Hall County to establish a joint planning commission; and for other purposes.
HB 357. 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 Atlanta; and for other purposes.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Education #1, read the second time and recommitted:
HB 55. By Messrs. Bentley, Reed, and Willingham of Cobb:
A Bill to be entitled an Act to amend an Act known as the Minimum Foundation Program of Education; and for other purposes.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on General Agriculture #1, read the second time and recommitted:
HB 605. By Messrs. Russell of Barrow, Nightingale of Glynn, and Sanders of Richmond:
A Bill to be entitled an Act to amend the Laws of Georgia by striking Section 4 on Page 168 of said Act and substituting in its place a Section to be known as Section; and for other purposes.
By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Banks and Banking, read the second time and recommitted:
SB 97. By Senator Hollis of the 24th:
A Bill to be entitled an Act to provide for the registration of securities held by a corporate fiduciary in the name of the nominee of such fiduciary; and for other purposes.
By unanimous consent, the following Committee Reports were submitted and read:
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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 125. Do Pass.
Respectfully submitted,
Mauldin of Gordon,
Chairman.
930
JOURNAL OF THE HOUSE,
Mr. Greene of Crisp County, Chairman of the Committee on Commerce, submitted the following report:
Mr. Speaker:
Your Committee on Commerce has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 608. 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:
HB 604. Do Pass. HB 565. Do Pass. HB 592. Do Pass. HB 599. Do Pass. HB 597. Do Pass. HB 589. Do Pass. HB 578. Do Pass. HB 594. Do Pass. HB 591. Do Pass. SB 127. Do Pass. SB 131. Do Pass.
Respectfully submitted, Short of Colquitt, 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 Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 609. Do Pass, as amended.
MONDAY, FEBRUARY 13, 1956
931
HB 571. 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 following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 612. Do Pass. HB 611. Do Pass. HB 613. Do Pass. HB 610. Do Pass. HB 602. Do Pass. HB 598. Do Pass. HB 600. Do Pass.
Respectfully submitted, Hoke Smith of Fulton, Chairman.
Mr. Callier of Talbot County, Chairman of the Committee on Public Prop erty, submitted the following report:
Mr. Speaker:
Your Committee on Public Property has had under consideration the follow ing Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 205-587a. 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 565. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to amend an Act incorporating the City of Adrian, and for other purposes.
932
JOURNAL OF THE HOUSE,
HB 571. By Mr. Stripling of Coweta:
A Bill to be entitled an Act to repeal an Act relating to the exemption of traveling salesmen from municipal taxation or licensing; and for other purposes.
HB 578. By Messrs. Mackay, Rutland and McWhorter of DeKalb:
A Bill to be entitled an Act to authorize the establishment of a merit system in DeKalb County for employees of the DeKalb County; and for other purposes.
HB 589. By Messrs. Perkins and Duncan of Carroll:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Carroll County, and for other purposes.
HB 591. By Mr. Willis of Thomas:
A Bill to be entitled an Act to place the Clerk, Ordinary and Sheriff of Thomas County on a salary basis in lieu of a fee basis, and for other purposes.
HB 592. By Mr. Truelove of White:
A Bill to be entitled an Act to provide for the compensation of the Tax Commissioner in certain counties, and for other purposes.
HB 594. By Mr. Willis of Thomas:
A Bill to be entitled an Act to create the office of Tax Commissioner for Thomas County, and for other purposes.
HR 205-587a. By Messrs. Sanders, Chambers and Holley of Richmond:
A Resolution authorizing the conveyance by the Governor of certain real property to Richmond County; and for other purposes.
HB 597. By Mr. Todd of Glascock:
A Bill to be entitled an Act to establish a method of paying traveling expenses incurred by the Sheriff of Glascock County, and for other purposes.
HB 598. By Mr. Love of Catoosa:
A Bill to be enttiled an Act to amend an Act to create and establish a new charter for the City of Ringgold, and for other purposes.
HB 599. By Mr. Love of Catoosa:
A Bill to be entitled an Act to create a Board of Utilities Commissioners for Catoosa County, and for other purposes.
MONDAY, FEBRUARY 13, 1956
933
HB 600. By Messrs. Coker and Campbell of Walker:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Linwood, and for other purposes.
HB 602. By Mr. Dean of Rockdale:
A Bill to be entitled an Act to change the corporate limits of the City of Conyers; and for other purposes.
HB 604. By Mr. Gross of Stephens:
A Bill to be entitled an Act to amend an Act entitled an Act to provide for holding four terms a year of the Superior Court of Stephens County, and for other purposes.
HB 609. By Mr. Jones of Laurens:
A Bill to be entitled an Act to amend an Act relating to the crime of robbery; and for other purposes.
HB 610. By Mr. Groover of Bibb:
A Bill to be entitled an Act to amend an Act repealing, enacting and re-enacting laws or parts of laws creating a pension system for the employees of the City of Macon by providing for the benefit, contribu tions, retirement aid; and for other purposes.
HB 611. By Mr. Carlisle of Bibb:
A Bill to be entitled an Act to amend an Act approved August 3, 1927, entitled: An Act to re-enact the charter of the City of Macon contained in the Act approved August 17, 1914, together with the Acts amending the same passed since 1914 with certain changes in said Acts; to con solidate into one Act with such changes as may have become necessary or proper, all the Acts constituting the charter of the City of Macon and relating to the rights, powers, and duties of said corporation; and for other purposes.
HB 612. By Mr. Carlisle of Bibb:
A Bill to be entitled an Act to amend an Act approved August 9, 1929 entitled: An Act to amend an Act re-enacting the charter of the City of Macon approved August 3, 1927, so as to provide that the Macon Hospital Commission therein referred to shall be authorized and directed to operate as a part of the Macon Hospital the anti-tubercular sanatarium located in Bibb County; and for other purposes.
HB 613. By Mr. Carlisle of Bibb:
A Bill to be entitled an Act to vest title in the City of Macon, its suc cessors and assigns to a certain portion of First St. adjacent to square 74 located in said city and authorize said city to close, vacate and aban don the portion of First St. involved; and for other purposes.
934
JOURNAL OF THE HOUSE,
HB 608. By Messrs. Greene of Crisp, Rowland of Johnson, Jones of Laurens, Huddleston of Fayette and Key of Jasper and others:
A Bill to be entitled an Act to provide for the validation of revenue anticipation certificates by counties, municipal corporations and political subdivisions for gas and electric facilities as provided in Paragraph V, Secton VII, Article VII of the Constitution provided such certificates are first voted at an election as therein required, and for other pur poses.
SB 125. By Senator McBride of the 10th:
A Bill to be entitled an Act to provide for the regulation of the sale of livestock at auction; and for other purposes.
SB 127. By Senator Millican of the 52nd:
A Bill to be entitled an Act to direct the Commissioners of Roads and Revenues to pay to the Board of Education, in addition to all other payments directed to be made by the constitution and laws, certain sums from any funds held by or available to the commissioners of roads and revenues thereof, in counties having a population of not less than 300,000, and for other purposes.
SB 131. By Senator Paulk of the 45th:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues of Irwin County, and for other purposes.
Mr. Duke of Baldwin moved that the House reconsider its action in failing to pass the following Bill of the House:
HB 474. By Messrs. Duke and Massee of Baldwin:
A Bill to be entitled an Act providing a method by which employees of certain hospitals and institutions may obtain goods and services; and for other purposes.
The motion prevailed, and the bill was reconsidered.
Mr. Killian of Glynn moved that the House reconsider its action in failing to pass the following Bill of the House:
HB 328. By Mr. Killian of Glynn:
A Bill to be entitled an Act to prohibit the sale or furnishing of fire arms to persons under sixteen years of age except under restrictions enumerated herein; and for other purposes.
The motion prevailed, and the bill was reconsidered.
By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:
MONDAY, FEBRUARY 13, 1956
935
HB 509. By Mr. Land of Wilkinson:
A Bill to be entitled an Act to amend an Act to establish a new charter for the town of Allentown; and for other purposes.
The report 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 539. By Mr. Truelove of White:
A Bill to be entitled an Act to amend an Act incorporating the Town of Helen, in the County of White; and for other purposes.
The report 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 540. By Messrs. Sognier, Cheatham, and Eyler of Chatham:
A Bill to be entitled an Act to amend the Charter of the Town of Thunderbolt, and repealing all laws in conflict herewith; and for other purposes.
The report 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 546. By Messrs. Lam and Birdsong of Troup:
A Bill to be entitled an Act to incorporate and establish the City of North West Point, in the county of Troup; and for other purposes.
The following amendment was read and adopted:
Messrs. Birdsong and Lam of Troup move to amend HB 546 by adding in the title before the clause "and for other purposes" the words "to provide for the submission of this Act for ratification or rejection" and by renumbered Section 32 as Section 33 and by adding a new sec tion to be numbered Section 32 to read:
"Section 32. 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 Troup County to issue the call for an election for the purpose of
936
JOURNAL OF THE HOUSE,
submitting this Act to the voters of Troup County residing in the affected area for approval or rejection. The Ordinary shall set the date of election for a day not less than twenty nor more than thirty days after the date of the issuance of the call. The Ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Troup County. The ballot shall have printed thereon the words:
"For approval of the Act creating a charter for the City of North West Point in the County of Troup.
"Against approval of the Act creating a charter for the City of North West Point in the County of Troup."
All persons desiring to vote in favor of the Act shall vote for ap proval, 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 less than a majority of those persons voting in such election vote for approval of the Act, then it shall be void and of no force and effect. The expense of such election shall be borne by Troup 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.
The report of the committee which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 106, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 553. By Mr. Wilson of Towns:
A Bill to be entitled an Act to amend, consolidate and supersede the several Acts incorporating the City of Hiawassee, in the County of Towns; and for other purposes.
The following amendment was read and adopted:
Mr. Wilson of Towns moves to amend HB 553 by striking the words "present Courthouse from line 3 of Section 2 of said Bill and inserting in lieu thereof the words "public square".
By striking from Section 14 of said Bill the following language which now appears in lines 2 and 3 of said Section to wit: "Shall be a freeholder owning real estate in said City and";
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.
MONDAY, FEBRUARY 13, 1956
937
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 558. By Messrs. Lam and Birdsong of Troup:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Hogansville; and for other purposes.
The report 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 564. 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.
The report 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 568. By Messrs. Lam and Birdsong of Troup:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Hogansville; and for other purposes.
The report 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 569. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to amend an Act to incorporate the Town of Kite; and for other purposes.
The report 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.
938
JOURNAL OP THE HOUSE,
HB 573. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to amend an Act to amend, consolidate, supersede the several Acts incorporating the City of Wrightsville; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 575. By Messrs. Mackay, McWhorter, and Rutland of DeKalb:
A Bill to be entitled an Act to amend the Charter of the City of Pine Lake, in the County of DeKalb; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 113 nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 576. By Messrs. Mackay, McWhorter, and Rutland of DeKalb:
A Bill to be entitled an Act to provide for the examination for qualified electrician; and for other purposes.
The report 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 577. By Messrs. Mackay, Rutland, and McWhorter of DeKalb:
A Bill to be entitled an Act to create and establish the City Court of Decatur; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 582. By Mr. Souter of Macon:
A Bill to be entitled an Act to supplement the fees of the Ordinary of Macon County; and for other purposes.
MONDAY, FEBRUARY 13, 1956
939
The report 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 587. By Messrs. H. Smith, M. Smith, and Lokey of Fulton:
A Bill to be entitled an Act to amend Section 34-2601 of the Code of Georgia entitled "County Officers"; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 117, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 132. By Senator Blalock of the 36th:
A Bill to be entitled an Act to amend an Act to establish the City Court of Newnan; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 536. By Messrs. M. Smith, H. Smith, and Lokey of Fulton:
A Bill to be entitled an Act to amend an Act providing that cities hav ing a population of more than 150,000 according to the United States Census of 1920, shall provide pensions for members of the Fire Depart ment of such 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 119, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 537. By Messrs. Lokey, M. Smith, and H. Smith of Fulton:
A Bill to be entitled an Act to amend an Act entitled an Act for the protection of the pension rights of county employees, county school district teachers and employees and employees of the largest city located in whole or in part in counties of the population of 300,000 or more according to the last or any future United States Census; and for other purposes.
940
JOURNAL OF THE HOUSE,
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 544. By Messrs. M. Smith, H. Smith, and Lokey of Fulton:
A Bill to be entitled an Act to amend an Act creating a Joint CityCounty Board of Tax Assessors in all counties having within its borders all or the greater part of the population of 300,000 or more; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 121, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 550. By Messrs. H. Smith, M. Smith, and Lokey 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 122, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 545. By Messrs. Lokey, M. Smith and H. Smith of Fulton:
A Bill to be entitled an Act to amend an Act providing that Cities hav ing a population of more than 150,000 shall furnish pension to all offi cers and employees of such cities and providing a system of pensions; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 123, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 534. By Messrs. H. Smith, M. Smith, and Lokey of Fulton:
A Bill to be entitled an Act to amend an Act providing that Cities hav ing a population of 150,000 or more, shall provide pensions for members of the police department of such City; and for other purposes.
MONDAY, FEBRUARY 13, 1956
941
The report 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 566. By Messrs. H. Smith, M. Smith, and Lokey of Fulton:
A Bill to be entitled an Act to create the office of Director of Public Safety in all counties in Georgia having a population of 300,000 or more; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 125, nays 0.
The Bilil, having received the requisite constitutional majority, was passed.
HB 567. 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 retire ment of the Judges and the Solicitor-General of the Criminal Court of Fulton County; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 126, 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 80. By Senator Overby of the 33rd:
A Bill to be entitled an Act to amend an Act relating to the compensa tion of the members of the State Board of Health, and for other purposes.
Referred to the Committee on State of Republic.
SB 88. By Senators Davis of the 42nd, Hollis of the 24th and Overby of the 33rd:
A Bill to be entitled an Act to amend an Act to provide for hearings regarding disagreements in connection with Workmen's compensation; and for other purposes.
Referred to the Committee on Industrial Relations.
942
JOURNAL OF THE HOUSE,
SB 136. By Senaytor Parker of the 20th:
A Bill to be entitled an Act providing a method by which employees of certain hospitals and institutions may obtain goods and services, and for other purposes.
Referred to the Committee on Georgia State Sanitarium.
SB 137. By Senator Lovett of the 16th:
A Bill to be entitled an Act to amend an Act creating a new city charter for the City of Dublin, and for other purposes.
Referred to the Committee on Municipal Government.
SB 138. By Senator Lovett of the 16th:
A Bill to be entitled an Act to provide that the Ordinary of Laurens County shall have a supplemental salary in addition to the fees and other compensation to which he is now entitled, and for other purposes.
Referred to the Committee on Counties and County Matters.
SB 149. By Senator Harrison of the 17th:
A Bill to be entitled an Act to amend an Act to create the office of Tax Commissioner of Jenkins County, and for other purposes.
Referred to the Committee on Counties and County Matters.
SB 155. By Senator Lovett of the 16th:
A Bill to be entitled an Act to provide that any person riding in a State Patrol car when not on official duty automatically waives all claims against the State in case of injury or damages; and for other purposes.
Referred to the Committee on Motor Vehicles.
SB 156. By Senator Overby 6f the 33rd:
A Bill to be entitled an Act to authorize all eligible officials and em ployees of the State Office Building Authority to become members of the Employees' Retirement System of Georgia; and for other purposes.
Referred to the Committee on State of Republic.
SB 58. By Senators Turner of the 34th and Harper of the 26th:
A Bill to be entitled an Act to provide for the approval of all policies of insurance by the Insurance Commissioner; and for other purposes.
Referred to the Committee on Insurance.
SB 107. By Senator Millican of the 52nd: A Bill to be entitled an Act to authorize the transfer to Milledgeville
MONDAY, FEBRUARY 13, 1956
943
State Hospital without formal commitment of persons enrolled in the Georgia Training School for Mental Defectives; and for other purposes.
Referred to the Committee on Georgia State Sanitarium.
SB 108. By Senators Hollis of the 24th, Lovett of the 16th and Millican of the 52nd:
A Bill to be entitled an Act to prohibit officers and departments of State government from spending budgeted funds for any purpose other than the one for which the fund was allocated, and for other purposes.
Referred to the Committee on State of Republic.
SB 150. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act providing a complete and comprehensive vital statistics law for Georgia in counties having a popu lation of 300,000 or more, and for other purposes.
Referred to the Committee on Counties and County Matters.
SB 151. By Senators Brooks of the 50th, Harden of the 27th, Ponsell of the 5th and many others:
A Bill to be entitled an Act to amend an Act relating to common car riers of passengers, so as to provide that any female passenger shall be entitled to the entire seat occupied by her where she requests same; and for other purposes.
Referred to the Committee on State of Republic.
SB 152. By Senators Brooks of the 50th, Jones of the 38th, Marrison of the 15th and others:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety and defining its duties and powers; and for other pur poses.
Referred to the Committee on State of Republic.
SB 153. By Senators Brooks of the 50th, Harden of the 27th, Coffin of the llth and many others:
A Bill to be entitled an Act to amend an Act to provide revenue and a source of revenue for the purpose of paying annuities and benefits to the peace officers of the State of Georgia, to provide for a commission to receive and disburse such funds; and for other purposes.
Referred to the Committee on State of Republic.
SB 158. By Senator Richardson of the 13th:
A Bill to be entitled an Act to provide for the licensing and bonding of dealers in agricultural products; and for other purposes.
Referred to the Committee on General Agriculture #2.
944
JOURNAL OF THE HOUSE,
SB 160. By Senator Parker of the 20th and Dean of the 40th:
A Bill to be entitled an Act to provide that loads of pulpwood shall be chained or cabled with not less than two chains or cables; and for other purposes.
Referred to the Committee on General Agriculture #1.
SR 35. By Senator Overby of the 33rd:
A Resolution creating a committee to study the advisability of con structing a building for the purpose of storing county and State records; and for other purposes.
Referred to the Committee on State of Republic.
SR 42. By Senator Millican of the 52nd:
A Resolution proposing an amendment to the Constitution authorizing the City of Atlanta to incur indebtedness for school purposes, and for other purposes.
Referred to the committee on Amendments to Constitution #1.
SR 43. By Senator Millican of the 52nd:
A Resolution to compensate Mr. John A. Willding for damages to his automobile with a State Highway Department truck, and for other purposes.
Referred to the Committee on Special Appropriations.
SR 45. By Senator Millican of the 52nd:
A Resolution proposing an amendment to the Constitution so as to change the number of days within which the Governor shall submit the budget message and the general appropriation bill to the General Assem bly, and for other purposes.
Referred to the Committee on State of Republic.
By unanimous consent, the following Resolution of the House were taken from the General Calendar and placed with the local Constitutional Amendments:
HR 76-214a. By Messrs. Lokey and M. Smith of Fulton:
A Resolution proposing an amendment to the Constitution fixing the terms of office of the Judges of the Superior Court of the Atlanta Judicial Circuit; and for other purposes.
HR 186-513a. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A Resolution proposing an amendment to the Constitution to create a new court or system of courts in and for each city having a population of more than 300,000; and for other purposes.
Under the regular order of business, the following Resolutions of the House and Senate were taken up for consideration and read the third time:
MONDAY, FEBRUARY 13, 1956
945
HR 76-214a. By Messrs. Lokey and Smith of Fulton:
A RESOLUTION
Proposing to the people of Georgia for ratification or rejection an amendment to Article VI, Section III, Paragraph I of the Constitution of Georgia of 1945, fixing the terms of office of the Judges of Superior Court of the Atlanta Judicial Circuit, and for other purposes.
BE IT RESOLVED by the General Assembly of Georgia:
SECTION 1.
That the General Assembly of Georgia proposes to the people of Georgia for ratification or rejection an amendment to Article VI, Sec tion III, Paragraph I of the Constitution of Georgia of 1945, by adding thereto the following:
"Notwithstanding the provision of this Section providing for a term of four years for Judges of the Superior Courts and notwithstand ing any other provision of the Constitution of Georgia, the terms of office of each of the Judges of the Superior Court of the Atlanta Judicial Circuit who is elected at the General Election of 1956 shall be for eight years from January 1, 1957 and until his successor is qualified, and the terms of each of the Judges of the Superior Court of the Atlanta Judicial Circuit elected in subsequent years shall be eight years and until his successor is qualified."
SECTION 2.
When this resolution shall have been agreed to by two-thirds of the members elected to both House of the General Assembly of Georgia, the same shall be entered on their journals with the yeas and nays taken thereon and shall be submitted to the people for ratification or rejection at the next General Election for members of the General Assembly as provided by the Constitution. At said General Election those desiring to vote in favor of said amendment shall have written or printed on their ballots the words, "For ratification of the amendment to Article VI, Section III, Paragraph I of the Constitution of Georgia of 1945, fixing the terms of office of the Judges of the Superior Court of the Atlanta Judicial Circuit." Those desiring to vote against the ratification of said amendment shall have written or printed on their ballots the words, "Against ratification of the amendment to Article VI, Section III, Para graph I of the Constitution of Georgia of 1945, fixing the terms of office of the Judges of the Superior Court of the Atlantic Judicial Circuit."
SECTION 3.
This amendment shall be published before said General Election as now provided by law. If at said General Election a majority of the qualified voters voting thereon as provided in the Constitution of Georgia of 1945, vote in favor of the ratification of this amendment, the same shall, upon the result thereof being ascertained and certified as provided by law, become a part of the Constitution of this State, and the Governor shall make proclamation thereof as provided by law.
946
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 Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Ayers Barber of Colquitt Barber of Jackson Barker Baughman Bentley Birdsong Black Blalock Bloodworth Bolton Brannen Campbell Carlisle Chambers Chastain Cheatham Clary Cocke Coker of Cherokee Coker of Walker Cotton Cowart Coxwell Deal Dean of Rockdale Deen of Bacon Denmark Denson Drinkard Elder English Eyler Fain Floyd Flynt Fordham Foster Fowler of Douglas Freeman Frier Garrard Gilleland Gillis
Green of Rabun Greene of Crisp Groover Gross of Stephens Gross of Dade Gunter Hall Hardaway Harrison of Jeff Davis Hayes Henderson Hodges Hogan Hudson Ivey Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Worth Jones of Lumpkin Jones of Sumter Kennedy of Tattnall Key Killian Killingsworth King of Pike Kitchens Lam Land Lanier Lindsey Lokey Long Mackay Mallory Martin Matheson of Hart Mathis of Lowndes McCracken McGarity McKenna McWhorter Mobley Moore Moorman
Mull Murphey of Crawford Musgrove Nightingale Odom Palmer Parker Peacock Pelham Perkins Peters Pettey Phillips of Columbia Phillips of Walton Pickard Potts
Ramsey Raulerson Ray Rodgers Roughton Rowland Ruark Sanders Scoggin 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
Stewart Strickland Stripling Tarpley Todd Turk Twitty Underwood of
Montgomery Upshaw
MONDAY, FEBRUARY 13, 1956
947
Veal Watson Weems Wheeler
Willingham Wilson of Towns Wilson of Peach Young
Mr. Speaker (Moate)
On the adoption of the resolution, the ayes were 146, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HE 77-214b. By Messrs. Watson and Denson of Dougherty:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the establishment of a sewage system in the City of Albany and Dougherty County; to prescribe the procedure connected therewith; to authorize the City of Albany to contract with Dougherty County with respect to a sewage system, including a sewage disposal plant; to provide for the financing of such sewage system and sewage disposal plant; to provide that the provisions of said amendment shall apply to both sanitary and storm sewers; to provide for assessment of cost of such sewers; to repeal conflicting laws and constitutional provisions; to provide for submission of the amendment for ratification or rejec tion and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1.
Article VII, Section VII, Paragraph I of the Constitution is here by amended by adding at the end thereof the following:
"The governing body of the City of Albany is hereby authorized to create indebtedness, and to issue revenue anticipation certificates and/or direct obligation bonds for the construction, maintenance and operation of sanitary and storm sewers and of a sewage disposal plant, but the amount of such bonds outstanding at any one time shall not exceed $2,500,000 in addition to the limitation now imposed upon said municipality. The governing body of said municipality is hereby given full authority to determine the aggregate amount of bonds to be issued from time to time, maturity dates, not to exceed 30 years from date of issue, the interest rates, the date of issuances and other details incident to the issuance and sale of said bonds. Such bonds may be issued after submitting the question of such issuance to the voters of the municipality and upon the approval of such issuance by a majority vote of those actually voting on such question. In the event such bonds are issued, the governing body shall provide for the assessment and collection of an annual tav on all the property in said city subject to taxation for bond purposes, sufficient to pay the principal of and interest on said bonds as the same mature. The aforesaid governing body is hereby authorized to levy a tax, fee or charge, in addition to taxes now authorized to said municipality, as necessary to assure the acquisition, construction, equip ping and, thereafter, the operation, maintenance, and extension of such sewage disposal plant and sewage system, and, in its discretion, to levy
948
JOURNAL OF THE HOUSE,
a sewer charge for the use of sewers, and to contract with the governing body of the County of Dougherty relative to the establishment, construc tion, maintenance, operation, financing, administration and use of such sewerage system and sewage disposal, including the aforesaid sewage disposal plant, and such contract may include provisions relating to the joining of the aforesaid system to any system now or hereafter created in or by the County of Dougherty.
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 amend ment 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 financing and extension of the sewerage system in the City of Albany, and the erection and operation of a sewerage disposal plant, and to prescribe the procedure connected therewith."
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 re turns 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 issue his proclamation thereon.
The following Committee amendment was read and adopted:
Committee on Amendment to the Constitution Number One moves to amend House Resolution 77-214B
By adding in Section 2 after the words,
"For ratification of amendment to the constitution so as to provide for the financing and extension of the sewerage system in the City of Albany, and the erection and operation of a sewerage disposal plant and to prescribe the procedure connected therewith", the words:
"Against ratification of amendment to the constitution so as to provide for the financing and extension of the sewerage system in the City of Albany, and the erection and operation of a sewerage disposal plant and to prescribe the procedure connected therewith".
MONDAY, FEBRUARY 13, 1956
949
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 Speaker ordered the roll call and the vote was as follows :
Those voting in the affirmative were Messrs.:
Adams Alien Ayers
Barber of Colquitt Barber of Jackson Barker Baughman Bentley Birdsong Black Blalock Bloodworth Bolton Brannen Campbell Carlisle Chambers Chastain Cheatham Clary Cocke Coker of Cherokee Coker of Walker Cotton Cowart Coxwell Deal Dean of Rockdale Deen of Bacon Denmark Denson Drinkard Elder English Eyler Fain Floyd Flynt Fordham Foster Fowler of Douglas
Freeman
Frier Garrard Gilleland Gillis Green of Rabun
Greene of Crisp Groover
Gross of Stephens Gross of Dade Gunter Hall Hardaway Harrison of Jeff Davis Hayes Henderson Hodges Hogan Hudson Ivey Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Worth Jones of Lumpkin Jones of Sumter Kennedy of Tattnall
Key Killian Killingsworth King of Pike Kitchens
Land Lanier Lindsey Lokey Long Mackay Mallory Martin Matheson of Hart Mathis of Lowndes
McCracken McGarity McKenna McWhorter
Mobley Moore Moorman Mull Murphey of Crawford
Musgrove
Nightingale Odom Palmer Parker Peacock Pelham Perkins Peters Pettey Phillips of Columbia Phillips of Walton Pickard Potts Ramsey Raulerson Ray Rodgers Roughton Rowland Ruark Sanders Scoggin 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
Stewart Strickland Stripling Tarpley Todd Turk Twitty Underwood of
Montgomery Upshaw Veal Watson Weems
950
JOURNAL OF THE HOUSE,
Wheeler Willingham Wilson of Towns
Wilson of Peach Young
Mr. Speaker (Moate)
On the adoption of the Resolution, as amended, the ayes were 146, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted, as amended.
HR 79-214d. By Messsrs. Willis and Chastain of Thomas:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of Thomas County by districts; to provide that the Board select the County School Super intendent; to prescribe 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 Thomas County shall be composed of six members, to be elected as hereinafter provided. For the purpose of electing such members, Thomas County is hereby divided into six Edu cation Districts. Education District No. 1 shall be composed of Militia District No. 637 (Thomasville) and Militia District No. 1282 (Metcalf). Education District No. 2 shall be composed of Militia District No. 754 (Boston) and Militia District No. 1683 (Barwick). Education District No. 3 shall be composed of Militia District No. 1212 (Coolidge) and Militia District No. 1614 (Merrillville). Education District No. 4 shall be composed of Militia District No. 1227 (Ochlocknee) and Militia Dis trict No. 1649 (Ellabelle). Education District No. 5 shall be composed of Militia District No. 763 (Ways) and Militia District No. 1583 (Pavo). Education District No. 6 shall be composed of Militia District No. 1508 (Meigs). Each member of the Board shall be elected only by the voters of the Education District which such 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 Thomas 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 member ship on the Board unless he has resided in the District from which he offers as a candidate for at least one year immediately preceding the date of the election.
"In the event this amendment is ratified, it shall be the duty of the Ordinary of Thomas County to issue the call for an election, which call
MONDAY, FEBRUARY 13, 1956
951
shall be issued at least ten days prior to the date of such election, and the Ordinary shall set the date for such election for a day between the fifteenth and twentieth days of December, inclusive, in the year 1956. Such election shall be for the purpose of electing the first members of the Board of Education of Thomas County created under this amend ment, 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 pro cedure by districts, at least once preceding the date of the election, in the official organ of Thomas County. The members elected at such election shall take office January 1, 1957. The members elected from Education Districts No. 1, No. 2 and No. 3 shall serve for a term of two years and until their successors are elected and qualified. The members elected from Education Districts No. 4, No. 5 and No. 6 shall serve for a term of four years and until their successors are elected arid qualified. 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 same day as members of the General Assembly from Thomas County are elected, and the members elected shall take office on the first day of January immediately following their election. 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 Thomas County provided for herein shall select the County School Superintendent of Thomas County, who shall serve at the pleasure of the Board. The County School Super intendent of Thomas County who is elected in 1956 and who shall take office January 1, 1957 shall serve as County School Superintendent until such time as the Board shall choose to select the Superintendent. The Board may select the person who has been elected, or they may "select some other person.
"The Board of Education of Thomas County in effect at the time of the ratification of this amendment shall be abolished effective De cember 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 for herein and the County School Superintendent as provided for herein shall be subject to all constitutional provisions and all statutory provisions relative to county boards of education and county school superintendents, respec tively, unless such provisions are 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 amend ment shall be submitted as provided in said Paragraph.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
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JOURNAL OF THE HOUSE,
"For ratification of amendment to Constitution so as to provide for the election of members of the Thomas County Board of Education by districts, and for the selection of the Thomas County School Super intendent by the Board.
"Against ratification of amendment to Constitution so as to provide for the election of members of the Thomas County Board of Education by districts, and for the selection of the Thomas County School Super intendent 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 re turns 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 issue his proclamation thereon.
The following amendment was read and adopted:
Willis and Chastain moves to amend HR 79-214d by striking Section 1 and in lieu thereof inserting the following:
"Section 1. Article VIII, Section V, Paragraph I of the Constitu tion, relating to county boards of education, is hereby amended by adding at the end thereof the following:
"The Board of Education of Thomas County shall be composed of seven members, to be elected as hereinafter provided. For the purpose of electing such members, Thomas County is hereby divided into six Education Districts. Education District No. 1 shall be composed of Militia District No. 637 (Thomasville) and Militia Distrcit No. 1282 (Metcalf). Education District No. 2 shall be composed of Militia District No. 754 (Boston) and Militia Disrict No. 1683 (Barwick). Education District No. 3 shall be composed of Militia District No. 1212 (Coolidge) and Militia District No. 1614 (Merrillville). Education District No. 4 shall be composed of Militia District No. 1227 (Ochlocknee) and Militia District No. 1648 (Ellabelle). Education District No. 5 shall be composed of Militia District No. 763 (Ways) and Militia District No. 1583 (Pavo). Education District No. 6 shall be composed of Militia District No. 1508 (Meigs). The Board of Education shall be composed of one member from each of the Education Districts created herein and one member from the county at large. Each member of the Board shall be elected by the voters of Thomas County. Any person offer ing as a candidate to represent a Education District on the Board must reside in the district from which he offers. No person who resides in any part of Thomas 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 one year immediately preceding the date of the election.
MONDAY, FEBRUARY 13, 1956
953
"In the event this amendment is ratified, it shall be the duty of the Ordinary of Thomas County to issue the call for an election, which call shall be issued at least ten days prior to the date of such election, and the Ordinary shall set the date for such election for a day between the fifteenth and twentieth days of December, in clusive, in the year 1956. Such election shall be for the purpose of electing the first members of the Board of Education of Thomas 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 Thomas County. The members elected at such election shall take office January 1, 1957. The members elected from Education Dis tricts No. 1, No. 2, No. 3, and from the county at large, shall serve for a term of two years and until their successors are elected and qualified. The members elected from Education Districts No. 4, No. 5 and No. 6 shall serve for a term of four years and until their successors are elected and qualified. 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 same day as members of the General Assembly from Thomas County are elected, and the members elected shall take office on the first day of January immediately following their election. 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 Thomas County provided for herein shall select the County School Superintendent of Thomas County, who shall serve at the pleasure of the Board. The County School Superintendent of Thomas County who is elected in 1956 and who shall take office January 1, 1957 shall serve as County School Superintendent until such time as the Board shall choose to select the Superintendent. The Board may select the person who has been elected, or they may select some other person.
"The Board of Education of Thomas County in effect at the time of the ratification of this amendment shall be abolished ef fective 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 for herein and the County School Superintendent as provided for herein shall be subject to all constitutional provisions and all statutory provisions to county boards of education and county school superintendents, respectively, unless such provisions are in conflict with the pro visions of this amendment."
The report of the committee which was favorable to the adoption of the Resolution, was agreed to, as amended.
On the adoption of the Resolution, as amended, the Speaker ordered the roll call and the vote was as follows:
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J6URNAL OF THE HOUSE,
Those voting in the affirmative were Messrs.:
Adams Alien Ayers Barber of Colquitt Barber of Jackson Barker Baughman Bentley Birdsong Black Blalock Bloodworth Bolton Brannen Campbell Carlisle Chambers Chastain Cheatham Clary Cocke Coker of Cherokee Coker of Walker Cotton Cowart Coxwell Deal Dean of Rockdale Deen of Bacon Denmark Denson Drinkard Elder English Eyler Fain Floyd Flynt Fordham Foster Fowler of Douglas Freeman Frier Garrard Gilleland Gillis Green of Rabun Greene of Crisp Groover Gross of Stephens
Gross of Dade Gunter Hall Hardaway Harrison of Jeff Davis Hayes Henderson Hodges Hogan Hudson Ivey
Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Worth Jones of Lumpkin Jones of Sumter Kennedy of Tattnall Key Killian Killingsworth King of Pike Kitchens Lam Land Lanier Lindsey Lokey Long Mackay Mallory Martin Matheson of Hart Mathis of Lowndes McCracken McGarity McKenna McWhorter Mobley Moore Moorman Mull Murphey of Crawford Musgrove Nightingale Odom Palmer Parker Peacock
Pelham Perkins Peters
Pettey Phillips of Columbia Phillips of Walton Pickard Potts Ramsey Raulerson Ray Rodgers Roughton Rowland Ruark Sanders Scoggin 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 Stewart Strickland Stripling Tarpley Todd Turk Twitty Underwood of
Montgomery Upshaw Veal Watson Weems Wheeler Willingham Wilson of Towns Wilson of Peach Young Mr. Speaker
(Moate)
On the adoption of the Resolution, as amended, the ayes were 146, nays 0.
MONDAY, FEBRUARY 13, 1956
955
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted, as amended.
HR 82-214g. By Messrs. Wright, Hall and Scoggin of Floyd:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the establishment and administration of a system of street lights for Floyd County by the Commissioners of Roads and Revenues of Floyd County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article XI, Section I of the Constitution, relating to counties as corporate bodies, as amended by a Resolution found in Georgia Laws 1945, page 110, which added provisions relative to the Commissioners of Roads and Revenues of Floyd County to establish and administer sewer age and water facilities for Floyd County, is hereby amended by striking that portion added by the aforesaid Resolution of 1945, and inserting in lieu thereof the following:
"The Commissioners of Roads and Revenues of Floyd County shall have authority to establish and administer a system of street lights, sewerage and water, and to levy taxes to pay therefor, and to charge for connections thereto, which shall be uniform."
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 amend ment 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 Constitution so as to pro vide for the establishment and administration of a system of street lights for Floyd County by the Commissioners of Roads and Reve nues of Floyd County.
"Against ratification of amendment to Constitution so as to provide for the establishment and administration of a system of street lights for Floyd County by the Commissioners of Roads and Revenues of Floyd County."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons
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JOURNAL OF THE HOUSE,
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 re turns 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 issue his proclamation thereon.
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien
Ayers Barber of Colquitt Barber of Jackson Barker Baughman Bentley Birdsong
Black Blalock Bloodworth Bolton Brannen Campbell Carlisle Chambers Chastain Cheatham Clary Cocke Coker of Cherokee Coker of Walker
Cotton Cowart Coxwell Deal Dean of Rockdale Deen of Bacon Denmark Denson Drinkard Elder English Eyler Fain Floyd
Flynt Fordham Foster Fowler of Douglas Freeman Frier Garrard Gilleland Gillis Green of Rabun Greene of Crisp Groover Gross of Stephens Gross of Dade Gunter Hall Hardaway Harrison of Jeff Davis
Hayes Henderson Hodges Hogan Hudson
Ivey Jackson
Jessup Johnson of Jenkins Johnson of Gilmer Jones of Worth Jones of Lumpkin Jones of Sumter Kennedy of Tattnall
Key Killian Killingsworth King of Pike Kitchens
Lam Land Lanier Lindsey Lokey Long Mackay Mallory Martin Matheson of Hart Mathis of Lowndes McCracken McGarity McKenna McWhorter Mobley Moore Moorman Mull Murphey of Crawford
Musgrove Nightingale Odom Palmer Parker Peacock Pelham Perkins Peters Pettey Phillips of Columbia Phillips of Walton
Pickard Potts Ramsey Raulerson Ray
MONDAY, FEBRUARY 13, 1956
957
Rodgers Roughton Rowland Ruark Sanders Scoggin 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 Stewart Strickland Stripling Tarpley Todd Turk
Twitty Underwood of
Montgomery
Upshaw Veal Watson Weems Wheeler Willingham Wilson of Towns Wilson of Peach Young Mr. Speaker
(Moate)
On the adoption of the Resolution, the ayes were 146, nays 0.
The Resolution, having received the requisite two-thirds constitutional majority, was adopted.
HR 84-214L By Messrs. Watson and Denson of Dougherty:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the establishment of a sewage system in the City of Albany and Dougher ty County; to prescribe the procedure connected therewith; to authorize Dougherty County to contract with the City of Albany with respect to a sewage system, including a sewage disposal plant; to provide for the financing of such sewage system and sewage disposal plant; to pro vide that the provisions of said amendment shall apply to both sanitary and storm sewers; to provide for assessment of cost of such sewers; to authorize the condemnation of property or the acquisition of rights of way by contract or purchase or by other means as now provided by law, in connection with said sewage system and sewage disposal plant; to repeal conflicting laws and constitutional provisions; to provide for submission of the amendment for ratification or rejection and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article VII, Section VII, Paragraph I of the Constitution, is hereby amended by adding at the end thereof the following:
The governing body of Dougherty County is hereby authorized to establish, construct, maintain, operate and administer a system of sewerage, including sanitary and storm sewers and a sewage disposal plant, in said County. In order to accomplish the foregoing, the govern ing authority is hereby authorized to assess the cost of sanitary sewers against the property owners served thereby, to acquire rights-of-way for such sewers by contract of purchase or by the power of eminent domain, and to create indebtedness, and to issue revenue anticipation certificates and/or general obligation bonds but the amount of such
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JOURNAL OF THE HOUSE,
bonds outstanding at any one time shall not exceed $2,500,000, in addi tion to the seven percent (7%) limitation now imposed by the Consti tution. The governing body of said County is hereby given full authority to determine the aggregate amount of bonds to be issued from time to time, the maturity dates not to exceed 30 years from date of issue, the date of issuance and other details incident to the issuance and sale of said bonds. Such bonds may be issued after submitting the question of such issuance to the voters of the County and the approval of such issuance by a majority of the qualified voters of said county voting on such question. In the event such bonds are issued, the governing body shall provide for the assessment and collection of an annual tax on all the property in said County subject to taxation for bond purposes suffi cient to pay the principal of and interest on said bonds as the same mature. The aforesaid governing body is further authorized to levy a tax, fee or charge as necessary to assure the acquisition, construction, equipping and, thereafter, operating, maintaining and extending such system, and, in their discretion, to levy a sewer charge for the use of sewers constructed hereunder for such purposes, and to contract with the governing authority of the City of Albany relative to the establish ment, construction, maintenance, financing, administration, operation and use of such sewerage system and sewage disposal, including the aforesaid sewage disposal plant, and such contract may include pro visions relative to the joining of the aforesaid system to any system now or hereafter created in or by the City of Albany.
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 amend ment 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 establishment and financing of a sewerage system in Dougherty County and to prescribe the procedure connected therewith."
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 re turns 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 issue his proclamation thereon.
The following Committee amendment was read and adopted:
MONDAY, FEBRUARY 13, 1956
959
Committee on Amendments to the Constitution #1 moves to amend HR 84-214i:
By adding in Section 2 after the words,
"For ratification of amendment to the Constitution so as to pro vide for the establishment and financing of a sewerage system in Dougherty County and to prescribe the procedure connected therewith.", the words:
"Against ratification of amendment to the Constitution so as to provide for the establishment and financing of a sewerage system in Dougherty County and to prescribe the procedure connected therewith."
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 Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Ayers Barber of Colquitt Barber of Jackson Barker Baughman Bentley Birdsong Black Blalock Bloodworth Bolton Brannen Campbell Carlisle Chambers Chastain Cheatham Clary Cocke Coker of Cherokee Coker of Walker Cotton Cowart Coxwell Deal Dean of Rockdale Deen of Bacon Denmark Denson Drinkard Elder
English Eyler Fain Floyd Flynt Fordham Foster Fowler of Douglas Freeman Frier Garrard Gilleland Gillis Green of Rabun Greene of Crisp Groover Gross of Stephens Gross of Dade Gunter Hall Hardaway Harrison of Jeff Davis Hayes Henderson Hodges Hogan Hudson Ivey Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Worth
Jones of Lumpkin Jones of Sumter Kennedy of Tattnall Key Killian Killingsworth King of Pike Kitchens Lam Land Lanier Lindsey Lokey Long Mackay Mallory Martin Matheson of Hart Mathis of Lowndes McCracken McGarity McKenna McWhorter Mobley Moore Moorman Mull Murphey of Crawford Musgrove Nightingale Odom Palmer Parker
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JOURNAL OP THE HOUSE,
Peacock Pelham Perkins Peters Pettey Phillips of Columbia Phillips of Walton Pickard Potts Ramsey Raulerson Ray Rodgers Roughton Rowland Ruark Sanders
Scoggin Short Singer Sivell Smith of Evans Smith of Emanuel Hoke Smith of Pulton M. M. Smith of Fulton Sognier Souter Stephens of Clarke Stevens of Marion Stewart Strickland Stripling Tarpley Todd
Turk Twitty Underwood of
Montgomery Upshaw Veal Watson Weems Wheeler Willingham Wilson of Towns Wilson of Peach Young Mr. Speaker
(Moate)
On the adoption of the Resolution, as amended, the ayes were 146, nays 0.
The Resolution, having received the requisite two-thirds constitutional majority, was adopted, as amended.
HR 105-300f. By Mr. Phillips of Walton:
A RESOLUTION
Proposing to the qualified voters of Walton County, exclusive of those residing within the corporate limits of Social Circle an amendment to Article VIII, Section V, Paragraph I of the Constitution of Georgia so as to provide that all of Walton County exclusive of the Independent School System of Social Circle shall comprise one school district, and it shall be under the control and management of a county board of educa tion composed of not more than nine nor less than seven members; to provide for the selection of the said board; to provide for the terms of office of the members of the said board; to provide for the election and appointment of a County School Superintendent by the Walton County Board of Education; 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.
That Article VIII, Section V, Paragraph I of the Constitution of Georgia of 1945 be and the same is hereby amended by adding at the end thereof the following:
(a) All of Walton County exclusive of that area lying within the corporate limits of the City of Social Circle shall compose one school district and shall be under the control and management of a Walton County Board of Education. The School district will be known as Walton County Schools.
1 - (b) The Walton County Board of Education shall consist of not
MONDAY, FEBRUARY 13, 1956
961
more than nine nor less than seven members. The board will be composed of seven members until such time as Social Circle may vote to come into the system. (The procedure to be followed by Social Circle is that pre scribed under existing Georgia Law Code Sections 32-1201, 32-1202, and 32-1203).
2 - Three members of the Board shall reside within the corporate limits of the City of Monroe and will be appointed by the Mayor and Council of Monroe.
3 - Four members of the Board shall reside within the territorial limits of Walton County exclusive of the corporate limits of Monroe and the corporate limits of Social Circle and will be appointed by the Walton County Grand Jury. These members will reside in areas 1, 2, 3, and 4 respectively. These areas are hereinafter defined.
4. - At such time as Social Circle may vote to come into the system, the Board will be composed of nine members as follows:
(a) Three members from Monroe appointed by the Mayor and Council of Monroe.
(b) Four members from the county appointed by the Grand Jury, one member each from areas 1, 2, 3, and 4 respectively. These areas are hereinafter defined.
(c) One member from Social Circle appointed by the Mayor and Council of Social Circle. (The member from area 4 could not come from within the corporate limits of Social Circle.)
(d) One member from Loganville appointed by the Mayor and Council of Loganville. (The member from area 3 could not come from within the corporate limits of Loganville, under the nine man board.)
AREAS DEFINED
AREA #1
Composed of Blasingame Militia District, Good Hope (or Richard son) Militia District and that part of Mountain Militia District lying to the South of the Athens Highway (U. S. 78) from Monroe.
AREA #2
Composed of that part of Mountain Militia District north of Athens Highway from Monroe, Tanners District, Booth District and that part of Vinegar Hill District east of Alcova River.
AREA #3
Composed of that part of Vinegar Hill Militia District west of the Alcova river, Brooks Militia District, Broken Arrow Militia District, and Buncombe Militia District.
AREA #4
Composed of Alien's Militia District, Whatley's Militia District and Social Circle Militia District.
C. The members appointed to the first Board shall be selected for the following terms:
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JOURNAL OF THE HOUSE,
(a) One members from Monroe for a term of two years.
(b) One member from Monroe for a term of three years.
(c) One member from Monroe for a term of four years.
(d) One member from Area 1 for a term of one year.
(e) One member from Area 2 for a term of two years.
(f) One member from Area 3 for a term of three years.
(g) One member from Area 4 for a term of four years.
At the expiration of the above terms their successors in office shall be appointed for a term of four years. At such time as Social Circle may vote to come into the system the member from within the corporate limits of the City of Social Circle and the member from within the corporate limits of the City of Loganville shall be appointed for a term to coincide with the term of the member from Area 1 above.
The terms of office shall expire on December 31st and all new members appointed to the board shall take office on January 1st follow ing the expiration date of the retiring member. This is not to be con strued that a member is ineligible to succeed himself if reappointed to the board. (The county members will be appointed at the August term of the Grand Jury.)
Should a vacancy occur on the said board by reason of death, resig nation or otherwise the remaining members of the board shall elect a successor from the same district who shall hold office until the proper appointing authorities shall appoint a person to fill the unexpired term.
D. All rights powers and duties now exercised by the Monroe City Board of Education and the Walton County Board of Education shall be vested in the Walton County Board of Education. The members of the board shall receive such compensation as may be provided by law.
Any contracts entered into by eithed board prior to January 1, 1956 will be honored by the new Walton County Board of Education.
Ei The effective date of this amendment will be determined by the passing of a Resolution by the present Monroe City Board of Education and the present Walton County Board of Education approving the merger of the Monroe City School System and the Walton County School System into the Walton County Schools.
P. From and after ratification of this amendment, and the passage of the resolution of approval by the Monroe Board of Education and the Walton County Board of Education, as above referred to, the voters of Walton County shall no longer elect a County School Superintendent; provided however, that the County School Superintendent of Walton County elected at the General Election in November, 1956, shall serve out the expiration of his full four year term and until his successor is duly appointed and qualified, and during such term shall serve as Super intendent of the new Walton County School System created by merger of the Monroe City System and the existing Walton County System, provided however, that the work and performance of duty of such Super intendent must be acceptable to the new Walton County Board of Educa tion. On expiration of the term of the County School Superintendent the
MONDAY, FEBRUARY 13, 1956
963
Walton County Board of Education shall by majority vote elect a school superintendent of the school district who shall serve at the pleasure of the Board and the Walton County Board of Education shall fix the qualifications, duties, responsibilities, authorities and compensation of the Superintendent of the Walton County Schools, provided, however, that any person selected as County Superintendent of Walton County Schools shall hold all qualifications which are now or may be hereafter prescribed by law for County School Superintendent except that any legal requirement as to local residence shall not be applicable.
The General Assembly shall have the power to pass such local legis lation as is necessary to implement this amendment to the Constitution provided this amendment is ratified by the qualified voters of Walton County.
SECTION 2.
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, the Governor is hereby authorized and instructed to cause such proposed amendment to be published as provided in Article XIII, Section V, Paragraph I of the Constitution of Georgia of 1945, as amended, for two months pre vious to the time of the general election at which the above proposed amendment shall be submitted for ratification or rejection to the electors of this State.
The ballot submitting the above proposed amendment shall have written or printed thereon the following: "For ratification of amend ment to Article VIII, Section V, Paragraph I of the Constitution of Georgia providing that all of Walton County exclusive of the Indepen dent School System of Social Circle shall comprise one school district under the control of County Board of Education composed of not more than nine nor less than seven members."
"Against ratification of amendment to Article VIII, Section V, Paragraph I of the Constitution of Georgia providing that all of Walton County exclusive of the Independent School System of Social Circle shall comprise one school district under the control of County Board of Education composed or not more than nine nor less than seven members."
All persons desiring to vote in favor of adopting the proposed amend ment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If a majority of the duly qualified registered voters residing in the existing county school system and voting in said election approve this amendment by a majority vote of those voting therein and if a majority of the duly qualified registered voters residing in the present Monroe City School System and voting in said election approve this amendment by a majority vote of those voting therein, such amendment shall be come 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.
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JOURNAL OF THE HOUSE,
The following substitute was read and adopted:
By Mr. Phillips of Walton:
A RESOLUTION
Proposing to the qualified voters of Walton County, exclusive of those residing within the corporate limits of Social Circle an amend ment to Article VIII, Section V, Paragraph I of the Constitution of Georgia so as to provide that all of Walton County exclusive of the Independent School System of Social Circle shall comprise one school district, and it shall be under the control and management of a county board of education composed of not more than nine nor less than seven members; to provide for the selection of the said board; to provide for the terms of office of the members of the said board; to provide for the election and appointment of a County School Superintendent by the Walton County Board of Education; to provide for the submission of this amendment for ratification or rejection, and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:
SECTION 1.
That Article VIII, Section V, Paragraph I of the Constitution of Georgia of 1945 be and the same is hereby amended by adding at the end thereof the following:
(a) All of Walton County exclusive of that area lying within the corporate limits of the City of Social Circle shall compose one school district and shall be under the control and management of a Walton County Board of Education. The School district will be known as Walton County Schools.
(b) 1. The Walton County Board of Education shall consist of not more than nine nor less than seven members. The board will be com posed of seven members until such time as Social Circle may vote to come into the system. (The procedure to be followed by Social Circle is that prescribed under existing Georgia Law Code Sections 32-1201, 32-1202, and 32-1203).
2. Three members of the Board shall reside within the corporate limits of the City of Monroe and will be appointed by the Mayor and Council of Monroe.
3. Pour members of the Board shall reside within the territorial limits of Walton County exclusive of the corporate limits of Monroe and the corporate limits of Social Circle and will be appointed by the Walton County Grand Jury. These members will reside in areas 1, 2, 3, and 4 respectively. These areas are hereinafter defined.
4. At such time as Social Circle may vote to come into the system, the Board will be composed of nine members as follows:
(a) Three members from Monroe appointed by the Mayor and Council of Monroe.
(b) Four members from the county appointed by the Grand Jury, one member each from areas 1, 2, 3, and 4 respectively. These areas are hereinafter defined.
MONDAY, FEBRUARY 13, 1956
965
(c) One member from Social Circle appointed by the Mayor and Council of Social Circle. (The member from area 4 could not come from within the corporate limits of Social Circle.)
(d) One member from Loganville appointed by the Mayor and Council of Loganville. (The member from area 3 could not come from within the corporate limits of Loganville, under the nine man board.)
AREAS DEFINED
AREA # 1
Composed of Blasingame Militia District, Good Hope (or Richard son) Militia District and that part of Mountain Militia District lying to the South of the Athens Highway (U. S. 78) from Monroe.
AREA # 2
Composed of that part of Mountain Militia District north of the Athens Highway from Monroe, Tanners District, Booth District and that part of Vinegar Hill District east of Alcova River.
AREA # 3
Composed of that part of Vinegar Hill Militia District west of the Alcova River, Brooks Militia District, Broken Arrow Militia District, and Buncombe Militia District.
AREA # 4
Composed of Alien's Militia District, Whatley's Militia District and Social Circle Militia District.
C. The members appointed to the first Board shall be selected for the following terms:
(a) One member from Monroe for a term of two years.
(b) One member from Monroe for a term of three years.
(c) One member from Monroe for a term of four years.
(d) One member from Area 1 for a term of one year.
(e) One member from Area 2 for a term of two years.
(f) One member from Area 3 for a term of three years.
(g) One member from Area 4 for a term of four years.
At the expiration of the above terms their successors in office shall be appointed for a term of four years. At such time as Social Circle may vote to come into the system the member from within the corporate limits of the City of Social Circle and the member from within the corporate limits of the City of Loganville shall be appointed for a term to coincide with the term of the member from Area 1 above.
The terms of office shall expire on December 31st and all new mem bers appointed to the board shall take office on January 1st following the expiration date of the retiring member. This is not to be construed that a member is ineligible to succeed himself if reappointed to the
966
JOURNAL OP THE HOUSE,
Board. (The county members will be appointed at the August term of the Grand Jury.)
Should a vacancy occur on the said board by reason of death, resig nation or otherwise the remaining members of the board shall elect a successor from the same district who shall hold office until the proper appointing authorities shall appoint a person to fill the unexpired term.
D. The new Walton County Board of Education shall appoint not fewer than three nor more than five local school trustees for each school in the system. These trustees shall be appointed in such a manner that there will be at least one trustee residing in the attendance area of all schools existing in Walton County during the school year 1953-54. Ga. Code Section 32-1104 shall be followed in making these appoint ments.
The trustees so appointed by the County Board shall have such powers or duties as is prescribed under Ga. Code Section 32-1105.
(a) The trustees representing each school in a given numbered area shall have the privilege of meeting in a joint meeting just prior to the August term of the Grand Jury at which the County Board member from their area shall be appointed, and at this meeting, by majority vote of the trustees present they may recommend a person or persons to the Grand Jury for the consideration of the Grand Jury in nominating a person to be appointed to the Board.
(1) This meeting may be called by the Chairman of any Board of Trustees. Written notice as to time and place of the meeting shall be given the chairman of each Board in the given area at least one week prior to the time of the meeting.
. (2) Each trustee present shall have one vote, the votes to be counted together and the majority vote of the group shall determine the person or persons to be recommended to the Grand Jury.
(3) The Chairman of the trustee Boards present shall constitute a committee to write a letter to the Foreman of the Grand Jury advising him of the results of the meeting. They shall have no authority to pre sent anything other than the recommendation adopted by majority vote of the combined boards.
(4) This meeting and recommendation is not compulsory. If a meeting is held however, and recommendation made, it shall be com pulsory that such recommendation be presented in the manner outlined above for consideration of the Grand Jury .
E. All rights powers and duties now exercised by the Monroe City Board of Education and the Walton County Board of Education shall be vested in the Walton County Board of Education. The members of the board shall receive such compensation as may be provided by law.
Any contracts entered into by either board prior to January 1, 1956 will be honored by the new Walton County Board of Education.
F. The effective date of this amendment will be determined by the passing of a resolution by the present Monroe City Board of Education and the present Walton County Board of Education approving the merger
MONDAY, FEBRUARY 13, 1956
967
of the Monroe City School System and the Walton County School System into the Walton County Schools.
G. From and after ratification of this amendment, and the passage of the resolution of approval by the Monroe Board of Education and the Walton County Board of Education, as above referred to, the voters of Walton County shall no longer elect a County School Superintendent; provided, however, that the County School Superintendent of Walton County elected at the General Election in November, 1956, shall serve out the expiration of his full four year term and until his successor is duly appointed and qualified, and during such term shall serve as Super intendent of the new Walton County School System created by merger of the Monroe City System and the existing Walton County System, pro vided, however, that the work and performance of duty of such Super intendent must be acceptable to the new Walton County Board of Edu cation. On expiration of the term of the County School Superintendent the Walton County Board of Education shall by majority vote elect a school superintendent of the school district who shall serve at the pleas ure of the Board and the Walton County Board of Education shall fix the qualifications, duties, responsibilities, authorities and compensation of the Superintendent of the Walton County Schools, provided, however, that any person selected as County Superintendent of Walton County Schools shall hold all qualifications which are now or may be hereafter prescribed by law for County School Superintendent except that any legal requirement as to local residence shall not be applicable.
The General Assembly shall have the power to pass such local legis lation as is necessary to implement this amendment to the Constitution provided this amendment is ratified by the qualified voters of Walton County.
SECTION 2.
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, the Gov ernor is hereby authorized and instructed to cause such proposed amend ment to be published as provided in Article XIII, Section V, 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 pro posed amendment shall be submitted for ratification or rejection to the electors of this State.
The ballot submitting the above proposed amendment shall have written or printed thereon the following: "For ratification of amend ment to Article VIII, Section V, Paragraph I of the Constitution of Georgia providing that all of Walton County exclusive of the Inde pendent School System of Social Circle shall comprise one school district under the control of County Board of Education composed of not more than nine nor less than seven members." "Against ratification of amend ment to Article VIII, Section V, Paragraph I of the Constitution of Georgia providing that all of Walton County exclusive of the Independ ent School System of Social Circle shall comprise one school district under the control of County Board of Education composed of not more than nine nor less than seven members."
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JOURNAL OF THE HOUSE,
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If a majority of the duly qualified registered voters residing in the existing county school system and voting in said election approve this amendment by a majority vote of those voting therein and if a majority of the duly qualified registered voters residing in the present Monroe City School System and voting in said election approve this amendment by a majority vote of those voting therein, such amendment shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor who shall, if such amendment be ratified, make proclamation thereof.
The Report of the committee which was favorable to the adoption of the Resolution, was agreed to, by substitute.
On the adoption of the Resolution, by substitute, the Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Ayers Barber of Colquitt Barber of Jackson Barker Baughman Bentley Birdsong Black Blalock Bloodworth Bolton Brannen Campbell Carlisle Chambers Chastain Cheatham Clary Cocke Coker of Cherokee Coker of Walker Cotton
Cowart Coxwell Deal Dean of Rockdale Been of Bacon Denmark
Denson Drinkard
Elder English Eyler Fain
Floyd Flynt Fordham Foster Fowler of Douglas Freeman Frier Garrard Gilleland Gillis Green of Rabun Greene of Crisp Groover Gross of Stephens Gross of Dade Gunter Hall Hardaway Harrison of Jeff Davis
Hayes Henderson
Hodges Hogan Hudson
Ivey Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Worth Jones of Lumpkin Jones of Sumter Kennedy of Tattnall Key Killian Killingsworth King of Pike Kitchens Lam Land Lanier Lindsey Lokey Long Mackay Mallory Martin Matheson of Hart Mathis of Lowndes
McCracken McGarity McKenna McWhorter
Mobley
MONDAY, FEBRUARY 13, 1956
969
Moore Moorman Mull Murphey of Crawford Musgrove Nightingale Odom Palmer Parker Peacock Pelham Perkins Peters Pettey Phillips of Columbia Phillips of Walton Pickard Potts Ramsey Raulerson
Ray Rodgers Roughton Rowland Ruark Sanders
Scoggin 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 Stewart Strickland
Stripling Tarpley Todd Turk Twitty Underwood of
Montgomery Upshaw Veal Watson Weems Wheeler Willingham Wilson of Towns Wilson of Peach Young Mr. Speaker
(Moate)
On the adoption of the Resolution, by substitute, the ayes were 146, nays 0.
The Resolution, having received the requisite two-thirds constitutional majority was adopted, by substitute.
HR 118-319L By Messrs. Sanders, Holley and Chambers of Richmond:
A RESOLUTION
To propose to the qualified voters of the County of Richmond and the City of Augusta an amendment to the Constitution of the State of Georgia authorizing the General Assembly to consolidate and combine the Richmond County and City Council of Augusta tax assessors for both real and personal property and all the governmental functions now vested in and exercised by the said boards in the City Council of Augusta and Richmond County; to create, designate and give a name to the City-County Board of Tax Assessors for the municipality of Augusta and the entire area of Richmond County; to vest in and confer upon such boards of City-County Tax Assessors such authority that may be conferred upon tax assessors of municipalities, counties or both under existing laws; to abolish any and all offices now existing under any and all acts and under the City Charter of the City Council of Augusta pertaining to the board of tax assessors for both real and personal property for the City Council of Augusta, and any and all offices now existing under any and all acts relating to the Richmond County Board of Tax Assessors; to create a City-County Board of Tax Assessors and new offices for the purpose of exercising and carrying out the powers to be vested in such board and the powers and duties formerly appertaining to such offices in the City Council of Augusta and Richmond County so abolished; to provide a mode and method for the appointment of the members of the City-County Board of Tax Assessors; to delegate to the governing authorities of the municipality of City Council of Augusta and the County of Richmond full power and authority to abolish the presently constituted board of tax assessors of
970
JOURNAL OF. THE HOUSE,
the City Council of Augusta and the County of Richmond, and to create in lieu thereof new offices and a City-County Board of Tax Assessors to be vested with all of the duties and powers of the offices and boards of tax assessors thus abolished; to provide for the employment of assist ants to such board; to provide for the payment of compensation to the members of the City-County Board of Tax Assessors; to provide that the General Assembly in exercising the powers herein conferred may include in the act or law, or any amendment thereto, anyone or more of the powers of the provisions herein enumerated, and may exclude therefrom any one or more of the powers herein enumerated, and in exercising the powers herein conferred, it shall not be necessary that the enactment or enactments of the General Assembly pursuant hereto carry with it a referendum to the qualified voters of the City Council of Augusta and the County of Richmond; to provide for the submission of the proposed amendment for ratification or rejection; and for other purposes.
BE' IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Article XI, Section I, Paragraph VI of the Constitution of the State of Georgia be amended by adding thereto a paragraph to read:
The General Assembly shall have the power to consolidate and combine the county and city board of tax assessors for both real and personal property of the City Council of Augusta and County of Richmond, and all the governmental functions and powers now vested in and exercised by said board of tax assessors in the City Council of Augusta and County of Richmond; to create, designate and give a name to a City-County Board of Tax Assessors for the municipality of the City Council of Augusta and the entire area of Richmond County; to vest and confer upon such City-County Board of Tax Assessors such authority as may be conferred upon tax assessors of municipalities, counties, or both, under existing laws; to abolish any and all offices now existing under any and all acts under the City Charter of City Council of Augusta pertaining to the board of tax assessors for both real and personal property for the City Council of Augusta, and any and all offices now existing under any and all acts relating to the Richmond County Board of Tax Assessors; to create a City-County Board of Tax Assessors and offices for the purpose of exercising and carrying out the powers to be vested in such board and the powers and duties formerly apper taining to such boards and offices; to provide a mode and method for the appointment of the members of the City-County Board of Tax Assessors; to delegate to the governing authority of the mu nicipality of City Council of Augusta and the County of Richmond full power and authority to abolish the presently constituted board of tax assessors of the City Council of Augusta and County of Richmond, and to create in lieu thereof new offices and a CityCounty Board of Tax Assessors to be vested with all of the duties and powers of the offices and boards of tax assessors thus abolished; to provide for the employment of assistants to such board; to pro vide for the payment of compensation to the City-County Board of Tax Assessors; to provide that the General Assembly in exer-
MONDAY, FEBRUARY 13, 1956
971
cising the powers herein conferred may include in the act or law, or any amendments thereto, any one or more of the powers or pro visions herein enumerated and may exclude therefrom any one or more of the powers herein enumerated and in exercising the powers herein conferred, it shall not be necessary that the enactment or enactments of the General Assembly pursuant hereto carry with it a referendum to the qualified voters of the County of Richmond and the City Council of Augusta; and for other purposes.
SECTION 2.
Be it further enacted by the authorities aforesaid that when this amendment shall be agreed to by a two-thirds vote of the members elected to each of the two houses, it shall be entered on their journals with the "Ayes" and "Nays" taken thereon, and shall be published in one or more newspapers in the County of Richmond for two months previous to the time of the holding the next general election, and shall be submitted to the people of Richmond County and the City Council of Augusta in the next general election. All persons voting in said election in favor of adopting said proposed amendment to the Constitution shall have written or printed on their ballot:
"For ratification of the amendment to the Constitution to provide for the consolidation of the Board of Tax Assessors for both real and personal property for the City Council of Augusta and County of Richmond", and all persons voting in said election against adopting the proposed amendment to the Constitution shall have written or printed on their ballot:
"Against the ratification of the amendment to the Constitution to provide for the consolidation of the Board of Tax Assessors for both real and personal property for the City Council of Augusta and County of Richmond", and if a majority of the electors of the City Council of Augusta and Richmond County qualified to vote for the members of the General Assembly, voting thereon, shall vote for election thereof, when the returns thereof shall be computed as now required by law in elections for members of the General Assembly and returns thereof made to the Governor, then he shall declare said amendment adopted and make publication of the results of said election by one insertion in one of the daily newspapers of this State, declaring the amendment ratified.
SECTION 3.
Be it further enacted by the authorities aforesaid that all laws and parts of laws in conflict with the Act, be and the same is hereby repealed.
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the Speaker ordered the roll call and the vote was as follows:
972
JOURNAL OF THE HOUSE,
Those voting in the affirmative were Messrs.:
Adams Alien
Ayers Barber of Colquitt Barber of Jackson Barker
Baughman Bentley Birdsong Black Blalock Bloodworth Bolton Brannen Campbell Carlisle Chambers Chastain Cheatham Clary
Cocke Coker of Cherokee Coker of Walker Cotton Cowart Coxwell Deal Dean of Rockdale Deen of Bacon Denmark Denson Drinkard Elder English Eyler Fain Floyd Flynt Fordham Foster Fowler of Douglas Freeman Frier Garrard Gilleland Gillis Green of Rabun Greene of Crisp
Groover Gross of Stephens
Gross of Dade Gunter Hall Hardaway Harrison of Jeff Davis Hayes Henderson Hodges Hogan Hudson Ivey Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Worth Jones of Lumpkin Jones of Sumter Kennedy of Tattnall Key Killian Killingsworth King of Pike Kitchens Lam Land Lanier Lindsey Lokey Long Mackay Mallory Martin Matheson of Hart Mathis of Lowndes McCracken McGarity McKenna McWhorter Mobley Moore Moorman Mull Murphey of Crawford Musgrove Nightingale Odom Palmer Parker Peacock
Pelhan? Perkins. Peters Pettey Phillips of Columbia
Phillips of Walton Pickard Potts Ramsey Raulerson Ray Rodgers Roughton Rowland Ruark Sanders Scoggin 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 Stewart Strickland Stripling Tarpley Todd Turk Twitty Underwood of
Montgomery Upshaw Veal Watson Weems Wheeler Willingham Wilson of Towns Wilson of Peach Young Mr. Speaker
(Moate)
On the adoption of the Resolution, the ayes were 146, nays 0.
MONDAY, FEBRUARY 13, 1956
973
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 123-348a. By Messrs. Young, Nilan and Pickard of Muscogee:
A RESOLUTION
Proposing to the qualified voters of Muscogee County, Georgia, an amendment to Article VII, Section IV, Paragraph 1 (Code 2-5701) of the Constitution of the State of Georgia, to empower the Board of Commissioners of Roads and Revenues of Muscogee County, for regu latory and revenue purposes, to assess and collect license fees and occu pational taxes against any person, firm or corporation who may engage in any type of business, including the operation of taxicabs, in Mus cogee County outside of municipalities, with the right and power to classify businesses and assess different license fees and occupational taxes against different classes of business, and with the further power to the Board of Commissioners to exercise police powers within unin corporated areas over any businesses in the interest of the public wel fare, health and security of the people of Muscogee County, and to adopt rules and regulations to effectuate the powers herein granted and to enforce the payment of the license fees and taxes, and to provide that a violation of the rules and regulations may be punishable as a mis demeanor, and further, to provide that no enabling legislation by the General Assembly shall be necessary for the exercise of the powers herein granted, but that the General Assembly may at any time modify, alter, restrict and limit the powers herein granted, and for other pur poses.
SECTION 1.
Be it resolved by the General Assembly of the State of Georgia that Article VII, Section IV, Paragraph 1 (Code 2-5701) of the Constitu tion of the State of Georgia be amended by adding thereto the following new paragraph, to-wit:
"The Board of Commissioners of Roads and Revenues of Muscogee County, Georgia, shall have the right and power, for regulatory and revenue purposes, to levy, assess and collect license fees and occupational taxes from any persons, firms or corporations who may maintain a place of business or who may in any manner engage in any type of business, including the operation of taxicabs, in any area of Muscogee County outside the incorporated limits of municipalities; and in levying and assessing such license fees and occupational taxes, the Board of Commissioners shall have the right and power to classify businesses and to assess different license fees and taxes against different classes of business. To provide for the public welfare, health and security of the people of Muscogee County, the Board of Commissioners of Roads and Revenues shall have the right to regulate and exercise police powers over any businesses operated within the unincorporated areas of said county (except those subject to regulation by the State Public Service Commission) and to prescribe such rules and regulations as may be necessary to effectuate the powers herein granted, including the right to enforce payment of the license fees and occupational taxes by the issuance and levy of executions, and to provide that a violation of any such regulations adopted by the Board of Commissioners of Roads and Revenues or the failure to pay any license fees or tax assessed
974
JOURNAL OP THE HOUSE,
under the authority herein granted shall constitute a misdemeanor punishable upon conviction thereof as prescribed by the general laws of the State of Georgia. No further enabling legislation by the General Assembly of Georgia shall be necessary for the exercise of the powers herein granted, but the General Assembly of Georgia may at any time modify, alter, restrict and limit the powers herein granted, and may at any time prescribe the manner and means by which the powers may be exercised by said Board of Commissioners."
SECTION 2.
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, 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 amend ment to Article VII, Section IV, Paragraph 1 of the Constitution authorizing the Board of Commissioners of Roads and Revenues of Muscogee County to assess and collect license fees and occupational taxes upon businesses in Muscogee County outside the incorporated limits of municipalities and to regulate same." "Against ratification of amendment to Article VII, Section IV, Paragraph 1 of the Constitu tion authorizing the Board of Commissioners of Roads and Revenues of Muscogee County to assess and collect license fees and occupational taxes upon businesses in Muscogee County outside the incorporated limits of municipalities and to regulate same."
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 pro posed 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 part of Article VII, Section IV, Paragraph 1 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 procla mation thereof.
The following amendment was read and adopted:
The Muscogee Delegation moves to amend the proposed paragraph to be added to Article VII, Section IV, Paragraph 1 of the Constitution of the State of Georgia, as set forth in Section 1 of the House Resolution 123-348a by inserting in the fourth line of said paragraph immediately after the word "corporations" the following: "(except those subject to
MONDAY, FEBRUARY 13, 1956
975
regulation by the State Public Service Commission)" so that the first sentence of said proposed new paragraph shall read as follows:
"The Board of Commissioners of Roads and Revenues of Muscogee County, Georgia, shall have the right and power, for regulatory and revenue purposes, to levy, assess, and collect license fees and occupa tional taxes from any persons, firms or corporations (except those sub ject to regulation by the State Public Service Commission) who may maintain a place of business or who may in any manner engage in any type of business, including the operation of taxicabs, in any area of Muscogee County outside the incorporated limits of municipalities; and in levying and assessing such license fees and occupational taxes, the Board of Commissioners shall have the right and power to classify busi nesses and to assess different license fees and taxes against different classes of business."
The report of the committee which was favorable to the adoption of the Resolution, was agreed to, as amended.
On the adoption of the Resolution, as amended, the Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Ayers Barber of Colquitt Barber of Jackson Barker Baughman Bentley Birdsong Black Blalock Bloodworth Bolton Brannen Campbell Carlisle Chambers Chastain Cheatham Clary Cocke Coker of Cherokee Coker of Walker Cotton Cowart Coxwell Deal Dean of Rockdale Deen of Bacon Denmark Denson
Drinkard Elder English Eyler Fain Floyd Flynt Fordham Foster Fowler of Douglas Freeman Frier Garrard Gilleland Gillis Green of Rabun Greene of Crisp Groover Gross of Stephens Gross of Dade Gunter Hall Hardaway Harrison of Jeff Davis
Hayes Henderson Hodges Hogan Hudson
Ivey
Jackson
Jessup Johnson of Jenkins Johnson of Gilmer Jones of Worth Jones of Lumpkin Jones of Sumter Kennedy of Tattnall Key Killian Killingsworth King of Pike Kitchens Lam Land Lanier Lindsey Lokey Long Mackay Mallory Martin Matheson of Hart Mathis of Lowndes McCracken McGarity McKenna McWhorter Mobley Moore Moorman Mull
976
JOURNAL OP THE HOUSE,
Murphey of Crawford Musgrove Nightingale Odom Palmer Parker Peacock Pelham Perkins Peters Pettey Phillips of Columbia Phillips of Walton Pickard Potts Ramsey Raulerson Ray Rodgers
Roughton Rowland Ruark Sanders Scoggin 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 Stewart Strickland Stripling
Tarpley Todd Turk Twitty Underwood of
Montgomery Upshaw Veal Watson Weems Wheeler Willingham Wilson of Towns Wilson of Peach
Young Mr. Speaker
(Moate)
On the adoption of the Resolution, as amended, the ayes were 146, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted, as amended.
HR 129-348g. By Mr. McCracken of Jefferson:
A RESOLUTION
Proposing an amendment to Article VII, Section V, Paragraph I, of the Constitution, so as to authorize the City of Louisville, in Jefferson 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 Louisville, and authorizing the governing authority of such city to select a board of citizens from the city to render advice respecting the use of such fund; to provide for the sub mission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
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 Louisville, in Jefferson 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 Louisville. 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."
MONDAY, FEBRUARY 13, 1956
977
SECTION 2.
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, the Governor is hereby authorized and instructed to cause such proposed amendment to be published as provided in Article XIII, Section I, Para graph I, of the Constitution of Georgia of 1945, as amended. Such pro posed amendment shall be submitted as provided in said paragraph. The ballot submitting the above proposed amendment shall have writ ten 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 Louisville 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 Louisville 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 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 Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams
Alien
Ayers
Barber of Colquitt
Barber of Jackson
Barker
Baughman
Bentley
Birdsong
Black
'
Blalock
Bloodworth
Bolton
Brannen
Campbell
Carlisle
Chambers
Chastain
Cheatham
Clary
Cocke
Coker of Cherokee
Coker of Walker
Cotton
Cowart
,
Coxwell
Deal Dean of Rockdale Deen of Bacon Denmark Denson Drinkard Elder English Eyler Fain Floyd
Flynt Fordham
978
JOURNAL OF THE HOUSE,
Foster Fowler of Douglas Freeman Frier Garrard Gilleland Gillis Green of Rabun Greene of Crisp Groover Gross of Stephens Gross of Dade Gunter Hall Hardaway Harrison of Jeff Davis Hayes Henderson Hodges Hogan Hudson Ivey Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Worth Jones of Lumpkin Jones of Sumter Kennedy of Tattnall
Key Killian Killingsworth King of Pike Kitchens Lam Land
Lanier Lindsey Lokey Long Mackay Mallory Martin Matheson of Hart Mathis of Lowndes McCracken McGarity McKenna McWhorter Mobley Moore Moorman Mull Murphey of Crawford Musgrove Nightingale Odom Palmer Parker Peacock Pelham Perkins Peters Pettey Phillips of Columbia Phillips of Walton Pickard Potts Ramsey Raulerson Ray Rodgers Roughton
Rowland Ruark Sanders Scoggin 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 Stewart Strickland Stripling Tarpley Todd Turk Twitty Underwood of
Montgomery Upshaw Veal Watson Weems Wheeler Willingham Wilson of Towns Wilson of Peach Young Mr. Speaker
(Moate)
On the adoption of the Resolution, the ayes were 146, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 138-399b. By Mr. Singer of Stewart:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of Stewart County by the people; 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 GEOR GIA:
MONDAY, FEBRUARY 13, 1956
979
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 Stewart County shall be composed
of five members to be elected as hereinafter provided:
"The qualified voters of the Richland and Brooklyn voting pre cincts shall elect one member of said Board; the qualified voters of the Trotman and the County Line voting precincts shall elect one member of said Board; the qualified voters of the Midway, Florence and Omaha voting precincts shall elect one member of said Board; the qualified voters of Union, Louvale and Green Hill voting pre cincts shall elect one member of said Board; and the qualified voters of the Lumpkin voting precinct shall elect one member of said Board.
"In order to be eligible for membership on the Board a person must be at least twenty-five years of age, must be a freeholder, must be qualified and registered to vote for members of the Gen eral Assembly, and must have lived in Stewart County for two years immediately preceding the time of the election, and must be at the time of the election a resident of the area from which he is elected.
"In the event this amendment is ratified, it shall be the duty of the Ordinary of Stewart 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 Stewart County created under this amendment, and it shall be the duty of the Ordinary to publish the date of this election, the pur poses thereof, and a brief description of the voting procedure by districts at least once preceding the date thereof in the official organ of Stewart County. All the members elected at such election shall take office January 1, 1957, and such members and all future members shall serve for a term of four years and until their suc cessors 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 to serve for the unexpired term, from the district vacated.
"The Board of Education of Stewart County in office at the time of the ratification of this amendment shall be abolished effec tive December 31, 1956, and the terms 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 in conflict with the provisions of this amendment.
980
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 amend ment 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 amend ment to the Constitution so as to provide for the election of the mem bers of the Board of Education of Stewart 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 Stewart 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 per sons 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 Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Ayers
Barber of Colquitt Barber of Jackson Barker Baughman Bentley Birdsong Black Blalock Bloodworth Bolton Brannen Campbell Carlisle
Chambers Chastain Cheatham
Clary Cocke Coker of Cherokee Coker of Walker Cotton Cowart Coxwell Deal Dean of Rockdale Deen of Bacon Denmark Denson Drinkard
Elder English Eyler
Fain Floyd Flynt Fordham Foster Fowler of Douglas Freeman Frier Garrard Gilleland Gillis Green of Rabun Greene of Crisp
MONDAY, FEBRUARY 13, 1956
981
Groover Gross of Stephens Gross of Dade Gunter Hall Hardaway Harrison of Jeff Davis
Hayes Henderson Hodges Hogan Hudson Ivey Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Worth Jones of Lumpkin Jones of Sumter Kennedy of Tattnall
Key Killian Killings-worth King of Pike Kitchens
Lam Land Lanier Lindsey Lokey Long Mackay Mallory
Martin Matheson of Hart Mathis of Lowndes McCracken McGarity McKenna
McWhorter Mobley Moore Moorman Mull Murphey of Crawford Musgrove Nightingale Odorn Palmer Parker Peacock Pelham Perkins Peters Pettey Phillips of Columbia Phillips of Walton Pickard Potts Ramsey Raulerson Ray Rodgers Roughton Rowland Ruark Sanders
Scoggin 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 Stewart Strickland Stripling Tarpley Todd Turk Twitty Underwood of
Montgomery Upshaw Veal Watson Weems Wheeler Willingham Wilson of Towns Wilson of Peach Young Mr. Speaker
(Moate)
On the adoption of the Resolution, the ayes were 146, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 140-399d. By Messrs. Kilgore and Kelley of Gwinnett:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of Gwinnett County by Districts; to provide that the Superintendent of Schools shall be appointed by the Board of Education; to prescribe the procedure con nected 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 GEOR GIA:
982
JOURNAL OF THE HOUSE,
SECTION 1.
Article VIII, Section V, Paragraph I of the Constitution, relating to County Boards of Education, is hereby amended by adding to the end thereof the following:
"The Board of Education of Gwinnett County shall be composed of five members to be elected as hereinafter provided. For the purpose of electing such members, Gwinnett County is hereby divided into five education districts.
"Education District No. 1 shall be composed of Harbins, Dacula, Rocky Creek and Duncans Militia Districts.
"Education District No. 2 shall be composed of Pucketts, Suwanee, and Sugar Hill Militia Districts.
"Education District No. 3 shall be composed of Duluth, Pinkneyville and Berkshire Militia Districts.
"Education District No. 4 shall be composed of Garners, Rock Bridge, Gates and Bay Creek Militia Districts.
"Education District No. 5 shall be composed of Lawrenceville, Martins, Goodwins and Hog Mountain Militia Districts.
"Each member of the Board shall be elected by the voters of the Education District which such 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 Gwinnett 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 member ship on the board unless he has resided in the Militia District from which he offers as a candidate for at least one year immediately pre ceding the date of the election. In the event this amendment is ratified, it shall be the duty of the Governing Authority of Gwinnett County to publish in the official organ of the county for two weeks immediately preceding the general election in the year 1958, a notice that members of the County Board of Education will be elected as provided for in this Act. The members elected at such election shall take office on January 1, 1959 and they shall serve for a term of two years and until their successors are elected and qualified. All elections thereafter for members of the County Board of Education shall be held on the same day as the county officers of Gwinnett County are elected every four years, and the members elected shall take office on January 1, immedi ately following their election. In case of a vacancy on the Board for any cause other than expiration of term of office, the remaining mem bers of the Board shall elect a person who shall serve for the unexpired term.
"The Board of Education of Gwinnett County in effect at the time of ratification of this amendment shall be abolished January 1, 1959, and the terms of office of all members of such Board shall expire on such date. The County Board of Education as provided for herein shall be subject to all of the constitutional provisions and all the statutory provisions relative to County Board of Education unless such provisions are in conflict with provisions of this amendment."
MONDAY, FEBRUARY 13, 1956
983
SECTION 2.
The Board of Education of Gwinnett County shall name and ap point a County Superintendent of Schools on January 1, 1961, and annually thereafter. A majority of the members of said board shall be required to name and appoint the said Superintendent of Schools.
SECTION 3.
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, the Gover nor is hereby authorized and instructed to cause such proposed amend ment to be published as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended. Such proposed amendment shall be submitted as provided in said Paragraph.
"For ratification of amendment to Constitution so as to provide for the election of members of the Gwinnett County Board of Edu cation by Districts, and appointment of Superintendent of Schools by said Board of Education.
"Against ratification of amendment to Constitution so as to pro vide for the election of members of the Gwinnett County Board of Edu cation by Districts, and appointment of Superintendent of Schools by said Board of Education."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If 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 issue his proclamation thereon.
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Ayers Barber of Colquitt Barber of Jackson Barker Baughman Bentley
Birdsong Black Blalock Bloodworth Bolton Brannen Campbell Carlisle
Chambers Chastain Cheatham Clary Cocke Coker of Cherokee Coker of Walker Cotton
984
JOURNAL OF THE HOUSE,
Cowart Coxwell Deal Dean of Rockdale Deen of Bacon Denmark
Denson Drinkard Elder English Eyler Fain Floyd Flynt' Fordham Foster Fowler of Douglas Freeman Frier Garrard Gilleland
Gillis Green of Rabun Greene of Crisp Groover Gross of Stephens Gross of Dade Gunter Hall Hardaway Harrison of Jeff Davis
Hayes Henderson Hodges Hogan Hudson Ivey Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Worth
Jones of Lumpkin Jones of Sumter Kennedy of Tattnall Key Killian
Killingsworth King of Pike Kitchens Lam Land Lanier Lindsey Lokey Long Mackay Mallory Martin Matheson of Hart Mathis of Lowndes McCracken McGarity McKenna McWhorter Mobley Moore Moorman Mull Murphey of Crawford Musgrove Nightingale Odom Palmer Parker Peacock Pelham Perkins Peters Pettey Phillips of Columbia Phillips of Walton Pickard Potts
Ramsey Raulerson Ray Rodgers Roughton Rowland
Ruark Sanders Scoggin 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 Stewart Strickland Stripling Tarpley Todd Turk Twitty Underwood of
Montgomery Upshaw Veal Watson Weems Wheeler Willingham Wilson of Towns Wilson of Peach Young Mr. Speaker
(Moate)
On the adoption of the Resolution, the ayes were 146, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 143-399g. By Messrs. Gunter and Williams of Hall:
A RESOLUTION
To propose to the qualified voters of Hall County (under the pro visions of Article XIII, Section I, Paragraph I, as amended) an amend ment to Article VII, Section IV, Paragraph II, of the Constitution of
MONDAY, FEBRUARY 13, 1956
985
the State of Georgia to provide that the General Assembly may grant to the governing authority of Hall County, Georgia, the right to con struct, grade, pave, repave and repair roads and streets, curbs, gutters and sidewalks within any unincorporated areas of said county where the owners of property having at least 51% of the frontage abutting such proposed improvements shall consent thereto; to assess the costs of such improvements pro rata against the abutting property owners, and to provide for the issuance and enforcement of executions for the collection of such assessments, and for the creation of liens against the abutting property; and for other purposes.
SECTION 1.
Be it resolved by the General Assembly of the State of Georgia that Article VI, Section IV, Paragraph II, of the Constitution of Geor gia of 1945 be amended by adding thereto the following:
"The General Assembly may grant to the governing authority of Hall County, Georgia, in addition to powers already granted, the power to construct, grade, pave, repave and repair roads and streets, curbs, gutters and sidewalks within any unincorporated areas of said county where the owners of property having at least 51% of the frontage abut ting such proposed improvements shall consent thereto; to assess the costs of such improvements pro rata against the abutting property owners, and to issue and enforce executions for the collection of such assessments, thereby creating liens against the abutting property."
SECTION 2.
Be it further resolved that when the above proposed amendment to the Constitution shall have been agreed to by the requisite two-thirds of the members of each house, with the "ayes" and "nays" entered thereon, it shall be published and submitted to the qualified voters of Hall County for ratification or rejection at the next general election, at which constitution amendments may be voted on. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words,
"For the ratification of the amendment to Article VII, Sec tion IV, Paragraph II, of the Constitution authorizing the General Assembly to empower the governing authority of Hall County, Georgia, to improve streets and to make other public improvements in any unincorporated areas of said county and to assess the costs thereof against abutting property owners."
and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words,
"Against ratification of the amendment to Article VII, Sec tion IV, Paragraph II, of the Constitution authorizing the General Assembly to empower the governing authority of Hall County, Georgia, to improve streets and to make other public improvements in any unincorporated areas of said county and to assess the costs thereof against abutting property owners."
If adopted by the vote required under the Constitution, the amend-
986
JOURNAL OF THE HOUSE,
ment shall become a part of Article VII, Section IV, Paragraph II, of the Constitution of the State of Georgia, and the Governor shall make proclamation thereof, as provided by law.
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams
Alien Ayers Barber of Colquitt Barber of Jackson Barker Baughman Bentley Birdsong Black Blalock Bloodworth Bolton Brannen Campbell Carlisle Chambers Chastain Cheatham Clary Cocke Coker of Cherokee Coker of Walker Cotton Cowart Coxwell Deal Dean of Rockdale Deen of Bacon Denmark
Denson Drinkard Elder English Eyler Fain Floyd Flynt Fordham
Foster Fowler of Douglas Freeman
Frier Garrard Gilleland Gillis Green of Rabun Greene of Crisp Groover Gross of Stephens Gross of Dade Gunter Hall Hardaway Harrison of Jeff Davis Hayes Henderson Hodges Hogan Hudson Ivey Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Worth Jones of Lumpkin Jones of Sumter Kennedy of Tattnall
Key Killian Killingsworth
King of Pike Kitchens Lam Land Lanier Lindsey Lokey Long Mackay Mallory Martin Matheson of Hart
Mathis of Lowndes McCracken McGarity McKenna McWhorter Mobley Moore Moorman Mull Murphey of Crawford Musgrove Nightingale Odom Palmer Parker Peacock Pelham Perkins Peters Pettey Phillips of Columbia Phillips of Walton Pickard Potts Ramsey Raulerson Ray Rodgers Roughton Rowland
Ruark Sanders Scoggin Short Singer Sivell Smith of Evans Smith of Emanuel Hoke Smith of Fulton
M. M. Smith of Fulton
Sognier Souter
MONDAY, FEBRUARY 13, 1956
987
Stephens of Clarke Stevens of Marion Stewart
Strickland Stripling
Tarpley Todd Turk
Twitty Underwood of
Montgomery
Upshaw Veal
Watson Weems Wheeler
Willingham Wilson of Towns Wilson of Peach
Young Mr. Speaker
(Moate)
On the adoption of the Resolution, the ayes were 146, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 147-428a. By Mr. Singer of Stewart:
A RESOLUTION
Proposing to the qualified voters an amendment to Article VIII of the Constitution, relating to education, as amended by a resolution found in Georgia Laws 1953, Nov.-Dec. Sess., pp. 224, et seq., so as to provide for the existence of schools in certain towns in Stewart County; to provide for the submission of this amendment for ratification or rejec tion; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1.
Article VIII of the Constitution, relating to education, as amended by a resolution found in Georgia Laws 1953, Nov.-Dec. Sess., pp. 224, et. seq., is further amended by adding at the end of the paragraph added by the aforesaid resolution of 1953, the following:
"Provided, however, that the Board of Education of Stewart Coun ty shall maintain schools for both colored and white pupils in the Towns of Omaha, Lumpkin, and Richland, located in Stewart County, Georgia, with facilities and school grades at least equal to the present existing schools in said towns."
SECTION 2.
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, the Governor is hereby authorized and instructed to cause such proposed amendment to be published as provided in Article XIII, Section I, Paragraph I, of the Constitution of Georgia of 1945, as amended, for two months previous to the time of the general election at which the above proposed amendment shall be submitted for ratification or rejection to the elec tors 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 amend-
988
JOURNAL OF THE HOUSE,
ment to Constitution, so as to provide the procedure for the consolidation of schools in Stewart County." "Against ratification of amendment to Constitution so as to provide the procedure for the consolidation of schools in Stewart County."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all per sons 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 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 Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien
Ayers Barber of Colquitt Barber of Jackson Barker Baughman Bentley Birdsong Black Blalock Bloodworth Bolton Brannen Campbell Carlisle Chambers Chastain Cheatham Clary Cocke Coker of Cherokee Coker of Walker Cotton Cowart Coxwell Deal Dean of Rockdale Deen of Bacon
Denmark Denson
Drinkard Elder English Eyler Pain Floyd Flynt Fordham Foster Fowler of Douglas
Freeman Frier Garrard Gilleland Gillis Green of Rabun Greene of Crisp
Groover Gross of Stephens Gross of Dade Gunter Hall Hardaway Harrison of Jeff Davis
Hayes Henderson
Hodges
Hogan Hudson Ivey Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Worth Jones of Lumpkin Jones of Sumter Kennedy of Tattnall
Key Killian Killingsworth King of Pike Kitchens
Lam Land Lanier Lindsey Lokey Long Mackay Mallory Martin Matheson of Hart Mathis of Lowndes
McCracken McGarity
MONDAY, FEBRUARY 13, 1956
989
McKenna McWhorter Mobley Moore Moorman Mull
Murphey of Crawford Musgrove Nightingale Odom Palmer Parker Peacock Pelham Perkins Peters Pettey Phillips of Columbia Phillips of Walton Pickard Potts
Ramsey Raulerson Ray Rodgers Roughton Rowland Ruark Sanders Scoggin 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 Stewart
Strickland Stripling Tarpley Todd Turk Twitty Underwood of
Montgomery Upshaw Veal Watson Weems Wheeler Willingham Wilson of Towns Wilson of Peach Young Mr. Speaker
(Moate)
On the adoption of the Resolution, the ayes were 146, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 148-428b. By Messrs. Gunter and Williams of Hall:
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 prevention districts in Hall County outside municipalities; 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 General Assembly of Georgia may grant to the governing authority of Hall County the authority to district areas outside of municipalities in said county for fire protection purposes and the authority to levy a tax upon the taxable property in each respective district to defray all costs of fire protection in each respective dis trict."
SECTION 2. When the above proposed amendment to the Constitution shall have
990
JOURNAL OF THE HOUSE,
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, such pro posed amendment shall 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 grant authority to Commissioners of Roads and Revenues of Hall County to district areas outside municipal corporations for fire protection purposes and to levy a tax to defray the cost of fire protection."
"Against ratification of amendment to grant authority to the Com missioners of Roads and Revenues of Hall County to district areas out side municipal corporations for fire protection purposes and to levy a tax to defray the cost of fire protection."
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 re turns 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.
On the adoption of the Resolution, the ayes were 146, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 149-428c. By Messrs. Gunter and Williams of Hall:
A RESOLUTION
Proposing to the qualified voters an amendment to Article VIII, Section VI, Paragraph I of the Constitution of the State of Georgia which will provide for the selection and appointment of a Superintendent of the Hall County System by the Hall County Board of Education; provide for the fixing of qualifications of such superintendent; provide that the Hall County School Superintendent elected in the 1956 General Election shall serve for the term beginning January 1, 1957, and ending June 30, 1957; provide for the submission of this proposed amendment to the qualified voters for adoption or rejection in the General Election in 1956; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA AS FOLLOWS:
MONDAY, FEBRUARY 13, 1956
991
SECTION 1.
Article VIII, Section VI, Paragraph I of the Constitution of Georgia is hereby amended by adding at the end thereof new paragraphs which shall read as follows:
The County School Superintendent of Hall County, Georgia, elected in the 1956 General Election shall serve for the term beginning January 1, 1957, and ending June 30, 1957.
Effective July 1, 1957, and thereafter the Hall County Board of Education shall fix the qualifications of the Superintendent of the Hall County School System, select such superintendent, and appoint such superintendent for such term as it deems advisable by written resolution which shall be placed in the minutes of the Hall County Board of Edu cation.
SECTION 2.
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two Houses of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, the same shall be advertised and submitted for adoption or rejection in the 1956 General Election as provided for in Article XIII, Section I, Paragraph I of the Constitution of Georgia as amended.
The ballot submitting said proposed amendment shall have printed thereon the following:
"For ratification of amendment to Article VIII, Section VI, Para graph I of the Constitution of Georgia providing for changing the term; qualifications, and method of selection of the Hall County Super intendent of Schools."
"Against ratification of amendment to Article VIII, Section VI, Paragraph I of the Constitution of Georgia providing for changing the term, qualifications, and method of selection of the Hall County Super intendent of Schools."
All voters desiring to vote for adoption of said proposed amendment shall vote for ratification of the amendment, and all voters desiring to vote against adoption of said proposed amendment shall vote against ratification of the amendment.
If said proposed amendment shall be ratified as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia as amended, then it shall become a part of the Constitution of the State of Georgia.
It shall be the duty of the Secretary of State of Georgia to ascertain whether said proposed amendment was ratified or rejected, and if the same be ratified, he shall certify such fact to the Governor who shall make proclamation thereof.
The following amendment was read and adopted:
Mr. Williams of Hall moves to amend HR 149-428c as follows: By striking the words and figures "June 30, 1957" and inserting in lieu thereof "December 31, 1960" in Section 1.
992
JOURNAL OF THE HOUSE,
By striking the words and figures "July 1, 1957" and inserting in lieu thereof "January 1, 1961" in Section 1.
The report of the committee which was favorable to the adoption of the Reso lution, was agreed to, as amended.
On the adoption of the Resolution, as amended, the Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Ayers Barber of Colquitt Barber of Jackson Barker Baughman Bentley Birdsong Black Blalock Bloodworth Bolton Brannen Campbell Carlisle Chambers Chastain Cheatham Clary Cocke Coker of Cherokee Coker of Walker Cotton Cowart Coxwell Deal Dean of Rockdale Deen of Bacon Denmark Denson Drinkard Elder
English Eyler Fain Floyd Flynt Fordham Foster Fowler of Douglas Freeman Frier
Garrard Gilleland Gillis Green of Rabun Greene of Crisp Groover Gross of Stephens Gross of Dade Gunter Hall Hardaway Harrison of Jeff Davis Hayes Henderson Hodges Hogan Hudson Ivey Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Worth Jones of Lumpkin Jones of Sumter Kennedy of Tattnall Key Killian Killingsworth King of Pike Kitchens Lam Land
Lanier Lindsey Lokey Long Mackay Mallory Martin Matheson of Hart Mathis of Lowndes McCracken
McGarity McKenna McWhorter Mobley Moore Moorman Mull Murphey of Crawford Musgrove Nightingale Odom Palmer Parker Peacock Pelham Perkins Peters Pettey Phillips of Columbia Phillips of Walton Pickard Potts Ramsey Raulerson Ray Rodgers Roughton Rowland Ruark Sanders Scoggin 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 Stewart Strickland
MONDAY, FEBRUARY 13, 1956
993
Stripling Tarpley Todd Turk Twitty Underwood of
Montgomery Upshaw Veal Watson Weems Wheeler
Willingham Wilson of Towns Wilson of Peach Young Mr. Speaker
(Moate)
On the adoption of the Resolution, as amended, the ayes were 146, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted, as amended.
HR 166-477c. By Mr. Strickland of Toombs:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Vidalia Development Authority; to provide for powers, authority, funds, purposes and procedure connected therewith; to provide for the sub mission 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 is hereby amended by adding at the end thereof the following:
"A. There is hereby created a body corporate .and politic in the City of Vidalia in Toombs County to be known as the Vidalia De velopment Authority, which shall be an instrumentality of the City of Vidalia and a public corporation and which in this amendment is hereafter referred to as the 'Authority';
"B. The Authority shall consist of five members who shall serve for a term of five years and who shall be eligible for reappointment. The members shall be appointed by the Mayor and Council of the City of Vidalia. The first members shall be appointed for terms of one, two, three, four and five years, and thereafter their successors shall be appointed for terms of five years. Vacan cies shall be filled for the unexpired term by the Mayor and Council. A majority of the members shall constitute a quorum and a majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act. No member shall be Mayor nor a member of the Council of the City of Vidalia, but there shall be no other disqualification to hold public office by reason of membership in the Authority;
"C. The property, obligations and the interest on the obliga tions of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of the City of Vidalia;
"D. The powers of the Authority shall include but not be limited to, the power:
994
JOURNAL OP THE HOUSE,
"(1) To buy, acquire, develop, improve, own, operate, maintain, sell, lease as lessor and lessee, and mortgage land, buildings and property of all kinds within the City of Vidalia and also without the City of Vidalia, but not beyond the limits of Toombs County;
"(2) To receive and administer gifts, grants and donations and to administer trusts;
"(3) To grant, loan and lease without adequate consideration or without any consideration and with and without security, any of its funds and property to private persons and corporations operating or proposing to operate any industrial plant or establishment within the City of Vidalia or at any place within Toombs County suffi ciently close to the City of Vidalia to be of benefit to the people of the City in the judgment of the Authority. The provisions of this clause shall not be construed to limit any other power of the Authority;
"(4) To borrow money and to issue notes, bonds and revenue certificates therefor and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor;
"(5) To contract with the City of Vidalia and other political subdivisions and with private persons and corporations and to sue and be sued in its corporate name;
"(6) To have and exercise usual powers of private corporations except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and by-laws and regulations for the conduct and management of the Authority;
"(7) To encourage and promote the expansion of industry, agriculture, trade, commerce and recreation in the City of Vidalia and in Toombs County, and to make long-range plans therefor;
"(8) To exercise such other powers and duties as may be dele gated to it by the Mayor and Council of the City of Vidalia;
"(9) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;
"(10) To designate officers to sign and act for the Authority generally or in any specific matter;
"(11) To do any and all acts and things necessary or con venient to accomplish the purpose and powers of the Authority as herein stated.
"E. The Authority shall not be authorized to create in any manner and debt, liability or obligation against the City of Vidalia, the State of Georgia, nor Toombs County;
"F. The Authority shall have the same immunity and ex emption from liability for torts and negligence as the State of Georgia and the officers, agents and employees of the Authority
MONDAY, FEBRUARY 13, 1956
995
when in performance of the work of the Authority, shall have the same immunity and exemption from liability for torts and negligence as the officers, agents and employees of the State of Georgia when in performance of their public duties or work of the State. The Authority may be sued the same as private corporations on any contractual obligations of the Authority;
"G. The members of the Authority shall receive only such compensation for their services to the Authority as shall be author ized by the Mayor and Council of the City of Vidalia but such com pensation shall be paid from funds of the Authority;
"H. The City of Vidalia is authorized to levy an annual tax, not to exceed one mill, on all taxable property within the City for the support of the Authority and for its use and purposes, and all funds raised by such tax shall be paid and appropriated by the City of Vidalia to the Authority and when paid to the Authority, shall become a part of its funds and may be used by it for any of its general purposes and powers as herein stated or as may be here after provided by law, which tax shall be in addition to all other taxes authorized by law;
"I. The City of Vidalia is also authorized in addition to the tax provided in Paragraph H, to appropriate to the Authority such amount from its general funds each year as its governing authority shall see fit but not exceeding ten per cent of its total receipts from business licenses for the year, and any funds so appropriated when paid to the Authority shall become a part of its general funds and may be used by the Authority in accordance with its general powers and purposes as herein stated or as may be hereafter defined by law;
"J. The property of the Authority shall not be subject to levy and sale under legal process except such property, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obli gation of the Authority, and any such property, funds or income may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation;
"K. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of the City of Vidalia and its citizens, industry, agriculture, trade, commerce and recre ation within the City of Vidalia and in Toombs County, and making of long-range plans for such development and expansion and to authorize the use of public funds of the City of Vidalia for such purposes, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of this purpose;
"L. This amendment shall be effective immediately upon procla mation of its ratification by the Governor and the first members of the Authority shall be appointed within thirty days after such proclamation;
"M. The General Assembly may by law further define and pre scribe the powers and duties of the Authority and the exercise there of, and may enlarge and restrict the same, and may likewise further regulate the management and conduct the Authority. The Authority
996
JOURNAL OF THE HOUSE,
shall be an instrumentality of the City of Vidalia with power to extend its operations outside of the City of Vidalia but not beyond the limits of Toombs County as herein provided, and the scope of its operations shall be limited to the territory embraced within Toombs County and the City of Vidalia. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond the limits of the City of Vidalia and Toombs County.
SECTION 2.
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, the Governor is hereby authorized and instructed to cause such proposed amendment to be published as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. Such proposed amend ment 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 Constitution so as to create the Vidalia Development Authority and to provide for powers, authority, funds, purposes and procedure connected therewith."
"Against ratification of amendment to Constitution so as to create the Vidalia Development Authority and to provide for powers, authority, funds, purposes and procedure connected therewith."
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 re turns 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 issue his proclamation thereon.
The report of the committee which was favorable to the adoption of the Reso lution, was agreed to.
On the adoption of the Resolution, the Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Ayers
Barber of Colquitt Barber of Jackson
Barker Baughman Bentley
Birdsong Black
Blalock Bloodworth Bolton
Brannen Campbell
MONDAY, FEBRUARY 13, 1956
997
Carlisle Chambers Chastain Cheatham Clary Cocke Coker of Cherokee Coker of Jackson Cotton Cowart Coxwell Deal Dean of Rockdale Deen of Bacon Denmark Denson Drinkard Elder English Eyler Fain Floyd Flynt Fordham Foster Fowler of Douglas Freeman Frier Garrard Gilleland Gillis Green of Rabun Greene of Crisp Groover Gross of Stephens Gross of Dade Gunter Hall Hardaway Harrison of Jeff Davis
Hayes Henderson Hodges Hogan Hudson
Ivey Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Worth Jones of Lumpkin Jones of Sumter Kennedy of Tattnall Key Killian Killings-worth King of Pike Kitchens Lam Land Lanier Lindsey Lokey Long Mackay Mallory Martin Matheson of Hart Mathis of Lowndes McCracken McGarity McKenna McWhorter Mobley Moore Moorman Mull Murphey of Crawford Musgrove Nightingale Odom Palmer Parker Peacock Pelham Perkins Peters Pettey Phillips of Columbia
Phillips of Walton Pickard Potts Ramsey Raulerson Ray Rodgers Roughton Rowland Ruark Sanders Scoggin 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 Stewart Strickland Stripling Tarpley Todd Turk Twitty Underwood of
Montgomery Upshaw Veal Watson Weems Wheeler Willingham Wilson of Towns Wilson of Peach
Young Mr. Speaker
(Moate)
On the adoption of the Resolution, the ayes were 146, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 170-477g. By Messrs. Nightingale and Killian of Glynn: A RESOLUTION
Proposing an amendment to the Constitution so as to provide for
998
JOURNAL OF THE HOUSE,
the establishment of a sewage system in the City of Brunswick and Glynn County; to prescribe the procedure connected therewith; to authorize Glenn County to contract with the City of Brunswick with respect to a sewage system, including a sewage disposal plant; to pro vide for the financing of such sewage system and sewage disposal plant; to provide that the provisions of said amendment shall apply to both sanitary and storm sewers; to provide for assessment of cost of such sewers; to authorize the condemnation of property or the acquisition of rights of way by contract or purchase or by other means as now provided by law; in connection with said sewage system and sewage dis posal plant; to repeal conflicting laws and constitutional provisions; to provide for submission of the amendment for ratification or rejection and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP
GEORGIA:
SECTION 1.
Article VII, Section VII, Paragraph I of the Constitution, is hereby
amended by adding at the end thereof the following:
The governing body of Glynn County is hereby authorized to estab lish, construct, maintain, operate and administer a system of sewerage, including sanitary and storm sewers and a sewage disposal plant in said County. In order to accomplish the foregoing, the governing authority is hereby authorized to acquire rights-of-way for such sewers by con tract of purchase or by the power of eminent domain, and to create in debtedness, and to issue revenue anticipation certificates and/or general obligation bonds but the amount of such bonds outstanding at any one time shall not exceed $1,500,000, in addition to the seven percent (7%) limitation now imposed by the Constitution. The governing body of said County is hereby given full authority to determine the aggregate amount of bonds to be issued from time to time, the maturity dates not to exceed 30 years from date of issue, the date of issuance and other details inci dent to the issuance and sale of said bonds. Such bonds may be issued after submitting the question of such issuance to the voters of the County and the approval of such issuance by a majority of the qualified voters of said County voting on such question. In the event such bonds are issued, the governing body shall provide for the assessment and collection of an annual tax on all the property in said County subject to taxation for bond purposes sufficient to pay the principal of and interest on said bonds as the same mature. The aforesaid governing body is further authorized to levy a tax, fee or charge as necessary to assure the acquisition, construction, equipping, and, thereafter, operating, main taining and extending such system, and, in their discretion, to levy a sewer charge for the use of sewers constructed hereunder for such pur poses, and to contract with the governing authority of the City of Bruns wick relative to the establishment, construction, maintenance, financing, administration, operation and use of such sewerage system and sewage disposal, including the aforesaid sewage disposal plant, and such con tract may include provisions relative to the joining of the aforesaid system to any system now or hereafter created in or by the City of Brunswick.
MONDAY, FEBRUARY 13, 1956
999
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 amend ment 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 establishment and financing of a sewerage system in Glynn County and to prescribe the procedure connected therewith."
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 an amendment shall be ratified as provided in said Para graph 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 issue his proclamation thereon.
The following Committee amendment was read and adopted:
The Committee on Amendments to Constitution #2 moves to amend HR 170-477g by: Adding in Section 2, following the words "For rati fication of amendment to the Constitution so as to provide for the establishment and financing of a sewerage system in Glynn County and to prescribe the procedure connected therewith", the words: "Against ratification of amendment to the Constitution so as to provide for the establishment and financing of a sewerage system in Glynn County and to prescribe the procedure connected therewith."
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 Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Ayers
Barber of Colquitt Barber of Jackson Barker
Baughman Bentley Birdsong
Black Blalock Bloodworth
Bolton Brannen Campbell
Carlisle Chambers Chastain
1000
JOURNAL OP THE HOUSE,
Cheatham Clary Cocke Coker of Cherokee Coker of Walker Cotton Cowart Coxwell Deal Dean of Rockdale Deen of Bacon Denmark Denson Drinkard Elder English Eyler Fain Floyd Flynt Fordham Foster Fowler of Douglas
Freeman Frier Garrard Gilleland Gillis Green of Rabun Greene of Crisp
Groover Gross of Stephens Gross of Dade
Gunter Hall Hardaway Harrison of Jeff Davis
Hayes Henderson Hodges Hogan Hudson Ivey Jackson
Jessup Johnson of Jenkins Johnson of Gilmer Jones of Worth Jones of Lumpkin Jones of Sumter Kennedy of Tattnall Key Killian Killingsworth King of Pike Kitchens Lam Land Lanier Lindsey Lokey Long Mackay Mallory Martin Matheson of Hart Mathis of Lowndes McCracken McGarity McKenna McWhorter Mobley Moore Moorman Mull Murphey of Crawford
Musgrove Nightingale Odom Palmer Parker Peacock Pelham Perkins Peters Pettey Phillips of Columbia Phillips of Walton
Pickard Potts Ramsey Raulerson Ray Rodgers Roughton Rowland Ruark Sanders Scoggin Short Singer Sivell Smith of Evans Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton Sognier S outer Stephens of Clarke Stevens of Marion Stewart Strickland Stripling Tarpley Todd Turk Twitty Underwood of
Montgomery Upshaw Veal Watson Weems Wheeler Willingham Wilson of Towns Wilson of Peach
Young Mr. Speaker
(Moate)
On the adoption of the Resolution, as amended, the ayes were 146, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted, as amended.
HR 171-477h. By Messrs. Nightingale and Killian of Glynn:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the establishment, acquiring, constructing, improving and operating
MONDAY, FEBRUARY 13, 1956
1001
municipal port and terminal facilities in the City of Brunswick and Glynn County; to prescribe the procedure connected therewith; to authorize Glynn County to contract with the City of Brunswick with respect to municipal port and terminal facilities; to provide for the financing of such facilities; to authorize the condemnation of property or the acquisition of rights of way by contract or purchase or by other means as now provided by law, in connection with said municipal port and terminal facilities; to repeal conflicting laws and constitutional provisions; to provide for submission of the amendment for ratification or rejection and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article VII, Section VII, Paragraph I of the Constitution, is hereby amended by adding at the end thereof the following:
The governing body of Glynn County is hereby authorized to estab lish, acquire, construct, maintain, operate, improve, and administer municipal port and terminal facilities in said County. In order to ac complish the foregoing, the governing authority is hereby authorized to acquire lands, rights-of-way, waterways, wharves, warehouses and all other equipment and appurtenances useful or convenient in connection therewith by contract or purchase or by the power of eminent domain, and to create indebtedness, and to issue revenue anticipation certificates and/or general obligation bonds but the amount of such bonds outstanding at any one time shall not exceed $1,500,000, in addition to the (7%) limitation now imposed by the Constitution. The governing body of said County is hereby given full authority to determine the aggregate amount of bonds to be issued from time to time, the maturity dates not to exceed 30 years from date of issue, the date of issuance and other details inci dent to the issuance and sale of said bonds. Such bonds may be issued after submitting the question of such issuance to the voters of the County and the approval of such issuance by a majority of the qualified voters of said county voting on such questions. In the event such bonds are issued, the governing body shall provide for the assessment and collection of an annual tax on all the property in said County subject to taxation for bond purposes sufficient to pay the principal of and interest on said bonds as the same mature. The aforesaid governing body is further authorized to levy a tax, fee or charge as necessary to assure the acquisition, construction, equipping, and, thereafter, operating, maintaining and extending municipal port and terminal facilities; to con tract with the governing authority of the City of Brunswick relative to the establishment, construction, maintenance, financing, administration, operation and use of such municipal port and terminal facilities, and such contract may include provisions relative to the joint operation of the aforesaid municipal port and terminal facilities with any municipal port and terminal facilities now or hereafter created in or by the City of Brunswick.
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
1002
JOURNAL OP THE HOUSE,
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 amend ment 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 pro vide for the establishment and financing of municipal port and terminal facilities in Glynn County and to prescribe the procedure connected therewith."
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 re turns 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 issue his proclamation thereon.
The following Committee amendment was read and adopted:
The Committee on Amendments to Constitution #2 moves to amend HR 171-477h by: Adding in Section 2, following the words: "For rati fication of amendment to the Constitution so as to provide for the estab lishment and financing of municipal port and terminal facilities in Glynn County and to prescribe the procedure connected therewith," the words:
"Against ratification of amendment to the Constitution so as to provide for the establishment and financing of municipal port and termi nal facilities in Glynn County and to prescribe the procedure connected therewith."
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 Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Ayers Barber of Colquitt Barber of Jackson Barker Baughman Bentley
Birdsong Black Blalock Bloodworth Bolton Brannen Campbell Carlisle
Chambers Chastain Cheatham Clary Cocke Coker of Cherokee Coker of Walker Cotton
MONDAY, FEBRUARY 13, 1956
1003
Cowart Coxwell
Deal Dean of Rockdale Deen of Bacon Denmark Denson Drinkard
Elder English
Eyler Fain Floyd Flynt Fordham Foster Fowler of Douglas
Freeman Frier Garrard Gilleland Gillis Green of Rabun Greene of Crisp
Groover Gross of Stephens Gross of Dade
Gunter Hall Hardaway Harrison of Jeff Davis
Hayes Henderson
Hodges Hogan Hudson
Ivey Jackson Jessup Johnson of Jenkins Johnson of Gilmer
Jones of Worth
Jones of Lumpkin Jones of Sumter Kennedy of Tattnall Key Killian Killings-worth King of Pike Kitchens
Lam Land
Lanier Lindsey Lokey Long Mackay Mallory Martin Matheson of Hart Mathis of Lowndes McCracken McGarity McKenna McWhorter
Mobley Moore Moorman Mull Murphey of Crawford Musgrove Nightingale Odom Palmer Parker Peacock Pelham Perkins Peters Pettey Phillips of Columbia Phillips of Walton
Pickard Potts
Ramsey Raulerson Ray Rodgers Roughton Rowland Ruark Sanders Scoggin 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 Stewart Strickland Stripling Tarpley Todd Turk Twitty Underwood of
Montgomery Upshaw Veal Watson Weems Wheeler Willingham Wilson of Towns Wilson of Peach Young Mr. Speaker
(Moate)
On the adoption of the Resolution, as amended, the ayes were 146, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted, as amended.
HR 172-477i. By Messrs. Nightingale and Killian of Glynn:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the establishment of a sewage system in the City of Brunswick and Glynn County; to prescribe the procedure connected therewith; to auth-
1004
JOURNAL OF THE HOUSE,
orize the City of Brunswick to contract with Glynn County with respect to a sewage system, including a sewage disposal plant; to provide for the financing of such sewage system and sewage disposal plant; to provide that the provisions of said amendment shall apply to both sanitary and storm sewers; to provide for assessment of cost of such sewers; to repeal conflicting laws and constitutional provisions; to pro vide for submission of the amendment for ratification or rejection and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article VII, Section VII, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"The governing body of the City of Brunswick is hereby author ized to create indebtedness, and to issue revenue anticipation certifi cates and/or direct obligation bonds for the construction, main tenance and operation of sanitary and storm sewers and of a sewer age disposal plant, but the amount of such bonds outstanding at any one time shall not exceed $1,500,000.00 in addition to the limita tion now imposed upon said municipality. The governing body of said municipality is hereby given full authority to determine the aggregate amount of bonds to be issued from time to time, maturity dates, not to exceed 30 years from date of issue, the interest rates, the date of issuances and other details incident to the issuance and sale of said bonds. Such bonds may be issued after submitting the question of such issuance to the voters of the municipality and upon the approval of such issuance by a majority vote of those actually voting on such question. In the event such bonds are issued, the governing body shall provide for the assessment and collection of an annual tax on all the property in said city subject to taxation for bond purposes, sufficient to pay the principal of and interest on said bonds as the same mature. The aforesaid governing body is hereby authorized to levy a tax fee or charge, in addition to taxes now authorized to said municipality, as necessary to assure the acquisition, construction, equipping and, thereafter, the operation, maintenance, and extension of such sewage disposal plant and sew age system, and, in its discretion, to levy a sewer charge for the use of sewers, and to contract with the governing body of the County of Glynn relative to the establishment, construction, main tenance, operation, financing, administration and use of such sewer age system and sewage disposal, including the aforesaid sewage disposal plant, and such contract may include provisions relating to the joining of the aforesaid system to any system now or here after created in or by the County of Glynn.
SECTION 2.
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, the Governor is hereby authorized and instructed to cause such proposed amendment
MONDAY, FEBRUARY 13, 1956
1005
to be published as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. Such proposed amend ment 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 establishment and financing of a sewerage system in the City of Brunswick and to prescribe the procedure connected therewith."
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 issue his proclamation thereon.
The following Committee amendment was read and adopted:
The Committee on Amendments to Constitution #2 moves to amend HR 172-477i by: Adding in Section 2, the words "For ratification of amendment to the Constitution so as to provide for the establishment and financing of a sewerage system in the City of Brunswick and to prescribe the procedure connected therewith", the words: "Against ratification of amendment to the Constitution so as to provide for the establishment and financing of a sewerage system in the City of Bruns wick and to prescribe the procedure connected therewith."
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 Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Ayers Barber of Colquitt Barber of Jackson Barker Baughman Bentley Birdsong Black Blalock Bloodworth Bolton
Brannen Campbell Carlisle Chambers Chastain Cheatham Clary Cocke Coker of Cherokee Coker of Walker Cotton Cowart Coxwell
Deal Dean of Rockdale Deen of Bacon Denmark Denson Drinkard Elder English Eyler Fain Floyd Flynt Fordham
1006
JOURNAL OF THE HOUSE,
Foster Fowler of Douglas Freeman Frier Garrard
Gilleland Gillis Green of Rabun Greene of Crisp Groover Gross of Stephens Gross of Bade Gunter Hall Hardaway Harrison of Jeff Davis Hayes Henderson Hodges Hogan Hudson Ivey Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Worth Jones of Lumpkin Jones of Sumter Kennedy of Tattnall
Key Killian Killings-worth King of Pike Kitchens
Lam Land
Lanier Lindsey Lokey Long
Mackay Mallory Martin
Matheson of Hart Mathis of Lowndes McCracken McGarity McKenna McWhorter Mobley Moore Moorman Mull Murphey of Cfawford Musgrove Nightingale Odom Palmer Parker Peacock Pelham Perkins Peters Pettey Phillips of Columbia Phillips of Walton Pickard Potts Ramsey Haulerson Ray Rodgers Roughton
Rowland Ruark Sanders Scoggin 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 Tarpley Todd Turk Twitty Underwood of
Montgomery Upshaw Veal Watson Weems Wheeler Willingham Willingham Wilson of Towns Wilson of Peach Young Mr. Speaker
(Moate)
On the adoption of the Resolution, as amended, the ayes were 146, nays 0.
The Resolution, having received the requisite two-thirds constitutional majority, was adopted, as amended.
HR 175-477 1. By Messrs. Nightingale and Killian of Glynn:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the establishment, acquiring, constructing, improving and operating of municipal port and terminal facilities in the City of Brunswick and Glynn County; to prescribe the procedure connected therewith; to authorize the City of Brunswick to contract with Glynn County with respect to such facilities; to provide for the financing of such facilities; to repeal conflicting laws and constitutional provisions; to provide for submission of the amendment for ratification or rejection and for other purposes.
MONDAY, FEBRUARY 13, 1956
1007
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article VII, Section VII, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"The governing body of the City of Brunswick is hereby author ized to create indebtedness, and to issue revenue anticipation certifi cates and/or direct obligation bonds for the establishment, acquisi tion, construction, maintenance, improvement and operation of municipal port and terminal facilities, but the amount of such bonds outstanding at any one time shall not exceed $1,500,000 in addition to the limitation now imposed upon said municipality. The govern ing body of said municipality is hereby given full authority to determine the aggregate amount of bonds to be issued from time to time, maturity dates, not to exceed 30 years from date of issue, the interest rates, the date of issuances and other details incident to the issuance and sale of said bonds. Such bonds may be issued after submitting the question of such issuance to the voters of the municipality and upon the approval of such issuance by a majority vote of those actually voting on such question. In the event such bonds are issued, the governing body shall provide for the assessment and collection of an annual tax on all the property in said city sub ject to taxation for bond purposes, sufficient to pay the principal of and interest on said bonds as the same mature. The aforesaid gov erning body is hereby authorized to levy a tax, fee or charge, in addition to taxes now authorized to said municipality, as necessary to assure the establishment, acquisition, construction, equipping and, thereafter the operation, maintenance, and extension of such municipal port and terminal facilities, and is further authorized to acquire lands, rights of way, waterways, wharves, warehouses, watercrafts, and other equipment and appurtenances useful or con venient in connection therewith, and, in its discretion, to levy charges for the use of such facilities, and to contract with the governing body of the County of Glynn relative to the establishment, con struction, maintenance, operation, financing, administration and use of such municipal port and terminal facilities, and such contract may include provisions relating to the joining of the aforesaid facili ties to any such facilities now or hereafter created in or by the County of Glynn.
SECTION 2.
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, the Gov ernor is hereby authorized and instructed to cause such proposed amendment to be published as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended. Such pro posed amendment shall be submitted as provided in said Paragraph.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
1008
JOURNAL OF THE HOUSE,
"For ratification of amendment to the Constitution so as to provide for the establishment and financing of municipal port and terminal facilities in the City of Brunswick and to prescribe the procedure con nected therewith."
"Against ratification of amendment to the Constitution so as to provide for the establishment and financing of municipal port and terminal facilities in the City of Brunswick and to prescribe the pro cedure connected therewith."
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 re turns 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 issue his proclamation thereon.
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Ayers Barber of Colquitt Barber of Jackson Barker Baughman Bentley Birdsong Black Blalock Bloodworth Bolton Brannen Campbell Carlisle Chambers Chastain Cheatham Clary Cocke Coker of Cherokee Coker of Walker Cotton Cowart
Coxwell Deal Dean of Rockdale Deen of Bacon Denmark Denson Drinkard Elder English Eyler Fain Floyd Flynt Fordham Foster Fowler of Douglas Freeman Frier Garrard Gilleland Gillis Green of Rabun Greene of Crisp Groover Gross of Stephens
Gross of Dade Gunter Hall Hardaway Harrison Hayes Henderson Hodges Hogan Hudson Ivey Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Worth Jones of Lumpkin Jones of Sumter Kennedy of Tattnall Key Killian Killingsworth King of Pike Kitchens Lam
MONDAY, FEBRUARY 13, 1956
1009
Land Lanier Lindsey Lokey Long Mackay Mallory Martin Matheson of Hart Mathis of Lowndes McCracken McGarity McKenna McWhorter Mobley Moore Moorman Mull Murphey of Crawford Musgrove Nightingale Odom Palmer Parker Peacock
Pelham Perkins Peters Pettey Phillips of Columbia Phillips of Walton Pickard Potts Ramsey Raulerson Ray Rodgers Roughton Rowland Ruark Sanders Scoggin 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 Stewart Strickland Stripling Tarpley Todd Turk Twitty Underwood of
Montgomery Upshaw Veal Watson Weems Wheeler Willingham Wilson of Towns Wilson of Peach Young Mr. Speaker
(Moate)
On the adoption of the Resolution, the ayes were 146, nays 0.
The Resolution, having received the requisite two-thirds constitutional majority, was adopted.
HR 186-531a. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A RESOLUTION
Proposing to the qualified voters of the State of Georgia an amend ment to Article VI, Section I of the Constitution of the State of Georgia of 1945.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA as follows:
SECTION 1.
Upon the approval of this Resolution, in the manner hereinafter provided, Article VI, Section I of the Constitution of the State of Georgia of 1945 shall be amended by adding thereto a new paragraph, which shall read as follows:
PARAGRAPH II. The General Assembly may, in its discretion, create a new court or system of courts in and for each city having a population of more than 300,000 according to the last or any future federal decennial census, conferring upon such new court or system of courts jurisdiction to issue warrants, try cases and impose sentences thereon in all misdemeanor cases arising under any law of the State regulating the ownership or operation of motor vehicles within its ter-
1010
JOURNAL OF THE HOUSE,
ritorial jurisdiction, together with provisions as to rules, organization and procedure in such courts and as to new trials and the correction of errors in and by such courts, and with such further provision for the correction of errors by the Superior Court or the Court of Appeals or the Supreme Court, as the General Assembly may, from time to time in its discretion, provide or authorize. Any court so established shall not be subject to the rules of uniformity in Paragraph I, Section IX of Article VI of the Constitution of 1945. The General Assembly is authorized to delegate to the governing authorities of any such munici pality any and all powers necessary and appropriate for the establish ment, operation and maintenance of such court.
The Act of the General Assembly approved February 15, 1955, to create a system of traffic courts in certain cities as fully set forth in Georgia Laws, 1955, pp. 2318-2325, is hereby ratified, validated and confirmed.
SECTION 2.
Be it further resolved that when this amendment shall have been agreed to by the requisite two-thirds of the members of each House of the General Assembly, with the "ayes" and "nays" entered thereon, it shall be published as required by law and submitted to the qualified voters of Georgia for ratification or rejection at the next general elec tion at which constitutional amendments may be voted on. All persons voting at said elections shall have written or printed on their ballots the words, "For ratification of amendment to Article VI, Section I of the Constitution of Georgia of 1945, authorizing the General Assembly to create traffic courts in and for certain cities", and the words "Against ratification of amendment to Article VI, Section I of the Constitution of Georgia of 1945, authorizing the General Assembly to create traffic courts in and for certain cities". Returns shall be made and results declared as required by law. If the said amendment be adopted as required by law by the qualified voters of Georgia, it shall become a part of Article VI, Section I, Paragraph II of the Constitution of Georgia of 1945.
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Ayers Barber of Colquitt Barber of Jackson Barker
Baughman Bentley Birdsong Black
Blalock Bloodworth Bolton Brannen Campbell Carlisle
Chambers Chastain Cheatham Clary
Cocke Coker of Cherokee Coker of Walker Cotton Cowart Coxwell
Deal Dean of Rockdale Deen of Bacon Denmark
MONDAY, FEBRUARY 13, 1956
1011
Denson Drinkard
Elder English Eyler Fain Floyd Flynt Fordham
Foster Fowler of Douglas Freeman Frier Garrard Gilleland Gillis
Green of Rabun Greene of Crisp Groover
Gross of Stephens Gross of Dade Gunter Hall Hardaway
Harrison of Jeff Davis Hayes Henderson Hodges Hogan Hudson Ivey Jackson Jessup Johnson of Jenkins Johnson of Gilnier Jones of Worth Jones of Lumpkin Jones of Sumter Kennedy of Tatthall
Key
Killian
Killingsworth King of Pike Kitchens Lam Land Lanier Lindsey Lokey Long
Mackay Mallory Martin Matheson of Hart Mathis of Lowndes McCracken McGarity McKenna McWhorter Mobley Moore Moorman Mull Murphey of Crawford Musgrove Nightingale Odom Palmer Parker Peacock Pelham Perkins Peters Pettey Phillips of Columbia Phillips of Walton Pickard Potts Ramsey Raulerson
Ray Rodgers Roughton Rowland Ruark Sanders Scoggin 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 Stewart Strickland Stripling Tarpley Todd Turk Twitty Underwood of
Montgomery Upshaw Veal Watson Weems Wheeler Willingham Wilson of Towns Wilson of Peach Young Mr. Speaker
(Moate)
On the adoption of the Resolution, the ayes were 146, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority was adopted.
HR 199-531n. By Messrs. Jones and Hogan of Laurens:
A RESOLUTION
Proposing an amendment to the Constitution, so as to authorize the Town of Dudley, in Laurens County, to levy a tax not to exceed one mill for the purpose of creating a fund to be used in assisting, promot ing and encouraging the location of any industries in the Town of Dudley, and authorizing the governing authority of such city to select
1012
JOURNAL OF THE HOUSE,
a board of citizens from the town to render advice 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 GEOR GIA:
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 Town of Dudley, in Laurens 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 Town, for the purpose of creating a fund to be used exclusively in assisting, promoting and encouraging the location of new industries in the Town of Dudley. The governing authority of said town is hereby authorized to select a board of citizens of the town 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 Gover nor is hereby authorized and instructed to cause such proposed amend ment 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 author ize the Town of Dudley to levy a tax not to exceed one mill for the purpose of creating a fund to be used in assisting, promoting and en couraging the location of new industries in said town.
"Against ratification of amendment to the Constitution, so as to authorize the Town of Dudley 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 town."
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.
MONDAY, FEBRUARY 13, 1956
1013
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Ayers Barber of Colquitt Barber of Jackson Barker Baughman Bentley Birdsong Black Blalock Bloodworth Bolton Brannen Campbell Carlisle Chambers Chastain Cheatham Clary Cocke Coker of Cherokee Coker of Walker Cotton Cowart Coxwell Deal Dean of Rockdale Deen of Bacon Denmark Denson Drinkard Elder English Eyler Fain Floyd Flynt Fordham Foster Fowler of Douglas Freeman Frier Garrard Gilleland Gillis Green of Rabun
Greene of Crisp Groover Gross of Stephens Gross of Dade Gunter Hall Hardaway Harrison of Jeff Davis Hayes Henderson Hodges Hogan Hudson Ivey Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Worth Jones of Lumpkin Jones of Sumter Kennedy of Tattnall Key Killian Killingsworth King of Pike Kitchens Lam Land Lanier Lindsey Lokey Long Mackay Mallory Martin Matheson of Hart Mathis of Lowndes McCracken McGarity McKenna McWhorter Mobley Moore Moorman Mull Murphey of Crawford
Musgrove Nightingale Odom Palmer Parker Peacock Pelham Perkins Pettey Phillips of Columbia Phillips of Walton Pickard Potts Ramsey Raulerson Ray Rodgers Roughton Rowland Ruark Sanders Scoggin 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 Stewart Strickland Stripling Tarpley Todd Turk Twitty Underwood of
Montgomery Upshaw Veal Watson Weems Wheeler
1014
JOURNAL OF THE HOUSE,
Willingham Wilson of Towns
Wilson of Peach Young
Mr. Speaker (Moate)
On the adoption of the Resolution, the ayes were 146, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 201-531p. By Mr. Sheffield of Brooks:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of Brooks County; to prescribe the procedure connected therewith; to provide for educa tion districts; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1.
Article VIII, Section V, Paragraph I of the Constitution, relating to the county boards of education is hereby amended by adding at the end thereof the following:
"The Board of Education of Brooks County shall be composed of five (5) members to be elected as hereinafter provided. For the pur pose of electing such members Brooks County is hereby divided into five (5) education Districts, Education District #1 shall be composed of Militia District #790 (Tallokas), Militia District #1230 (Dry Lake), and Militia District #1712 (Williams). Education District #2 shall be composed of Militia District #659 (Nankin), Militia District #1412 (Hickory Head), and Militia District #1718 (Empress). Education District #3 shall be composed of Militia District #1198 (Grooverville), and Militia District #1492 (Dixie). Education District # 4 shall be composed of Militia District #1571 (Barney). Education District #5 shall be composed of Militia District #660 (Morven), and Militia District #1650 (Briggs).
"Each member of the board shall be elected by the voters of Brooks County residing outside of any independent school system therein. 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 shall be eligible for membership on the board unless he has resided in the education district from which he offers as a candidate for at least one year immediately preceding the date of the election. If any member of the board shall change his residence from the education district that he represents he shall no longer represent that district and a successor shall be elected as provided herein. In case of a vacancy on the board for any cause other than expiration of the term of office, an election shall be held to elect a member from the education district in which such vacancy occurs to fill the unexpired term. Any such election shall be held within thirty (30) days after the vacancy occurs.
"In the event this amendment is ratified, it shall be the duty of
MONDAY, FEBRUARY 13, 1956
1015
the Ordinary of Brooks County to issue the call for an election, which call shall be issued at least ten (10) days prior to the date of such election, and the ordinary shall set the date for such election for a day between the third and eighth days of December, inclusive, in the year 1956. Such election shall be for the purpose of electing the first mem bers of the Board of Education of Brooks County created under this amendment, and it shall be the duty of the ordinary to publish the date of the election, and the purpose thereof at least once preceding the date of the election in the official organ of Brooks County.
"The members elected at such election shall take office January 1, 1957. The members elected from Education Districts #2 and 4 shall serve for a term of two (2) years and until their successors are elected and qualified. The members elected from Education Districts #1, 3 and 5 shall serve for a term of four (4) years and until their successors are elected and qualified. 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 same day as members of the Gen eral Assembly from Brooks County are elected and the members elected shall take office on the first day of January immediately following their election.
"The Board of Education of Brooks County in effect at the time of the ratification of this amendment shall be abolished effective De cember 31, 1956, and the terms of office of all members of such board shall expire on such date.
"The Board of Education as provided for 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.
"The members of the Brooks County Board of Education shall be compensated in the amount of fifteen dollars ($15.00) per month.
"In the event the independent school system now maintained in the County of Brooks is merged with the Brooks County school system, the General Assembly may change the education districts provided for herein and may change the board membership and the composition thereof."
SECTION 2.
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, the Gov ernor is hereby authorized and instructed to cause such proposed amendment to be published as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended. Such pro posed 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 Constitution for the election of the members of the Brooks County Board of Education and to provide for education districts within Brooks County."
1016
JOURNAL OF THE HOUSE,
"Against ratification of amendment to the Constitution for the election of the members of the Brooks County Board of Education and to provide for education districts within Brooks County."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all per sons 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 re turns 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 issue his proclamation thereon.
The following Substitute was read and adopted:
By Mr. Sheffield of Brooks:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of Brooks County; to prescribe the procedure connected therewith; to provide for educa tion districts; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VIII, Section V, Paragraph I of the Constitu tion, relating to the county boards of education is hereby amended by adding at the end thereof the following:
"The Board of Education of Brooks County shall be composed of five (5) members to be elected as hereinafter provided. For the purpose of electing such members Brooks County is hereby divided into five (5) Education Districts. Education District No. 1 shall be composed of Militia District No. 790 (Tallokas), Militia District #1230 (Dry Lake), and Militia District #1712 (Williams). Edu cation District No. 2 shall be composed of Militia District #659 (Nankin), Militia District #1412 (Hickory Head), and Militia posed of Militia District #1198 (Grooverville), and Militia Dis trict #1492 (Dixie). Education District No. 4 shall be composed of Militia District #1571 (Barney). Education District No. 5 shall be composed of Militia District #660 (Morven), and Militia Dis trict #1650 (Briggs).
"Each member of the Board shall be elected by the voters of Brooks County residing outside of any independent school system therein. Any person offering as a candidate to represent an Educa tion District on the Board must reside in the district from which he offers. No person shall be eligible for membership on the Board unless he has resided in the Education District from which he offers as a candidate for at least one year immediately preceding the date of the election. If any member of the Board shall change his residence from the Education District that he represents he
MONDAY, FEBRUARY 13, 1956
1017
shall no longer represent that District and a successor shall be elected as provided herein. In case of a vacancy on the Board for any cause other than expiration of the term of office, an election shall be held to elect a member from the Education District in which such vacancy occurs to fill the unexpired term. Any such election shall be held within thirty (30) days after the vacancy occurs.
"In the event this amendment is ratified, it shall be the duty of the Ordinary of Brooks County to issue the call for an election, which call shall be issued at least sixty (60) days prior to the date of such election, and the Ordinary shall set the date of such election for the same day as members of the General Assembly from Brooks County are elected in the year 1958. Such election shall be for the purpose of electing the members of the Board of Education of Brooks County from Education Districts Nos. 4 and 5, created under this amendment. Such members elected shall take office January 1, 1959.
"The Ordinary of Brooks County shall also issue the call for an election, which call shall be issued at least sixty (60) days prior to the date of such election. The Ordinary shall set the date for such election for the same day that members of the General Assem bly from Brooks County are elected in the year 1960. Such election shall be for the purpose of electing the members of the Board of Education of Brooks County from Education Districts Nos. 1, 2 and 3 created under this amendment. Such members shall take office January 1, 1961. It shall be the duty of the Ordinary to publish the date of the elections provided for herein, and the purpose thereof at least once preceding the dates of such elections in the official organ of Brooks County.
"The members elected at such elections shall serve for a term of four (4) years and until their successors are elected and quali fied. All future elections shall be held on the same day as mem bers of the General Assembly from Brooks County are elected, and the members elected shall take office on the first day of January immediately following their election.
"The appointive members of the Brooks County Board of Edu cation at the time of the ratification of this amendment that reside in Education Districts Nos. 4 and 5 created herein and whose terms expire in 1959 and 1960, respectively, or their successors in office, shall continue to serve until December 31, 1958. After the election provided for herein to be held in 1958, the grand jury shall appoint no members of the Brooks County Board of Education for Education Districts Nos. 4 and 5.
"The appointive members of the Brooks County Board of Edu cation at the time of the ratification of this amendment, or their appointive successors that reside in Education Districts Nos. 1, 2 and 3, created herein, shall continue to serve until December 31, 1960. After the election provided for herein to be held in 1960, the grand jury shall appoint no members of the Brooks County Board of Education. It is the purpose of this paragraph to retain the appointive members of the Brooks County Board of Education, or their appointive successors in office, until the elections provided
1018
JOURNAL OF THE HOUSE,
for herein are held and the elective members from the Education Districts created herein are elected and qualified.
"The Board of Education as provided for herein shall be sub ject 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.
"The members of the Brooks County Board of Education shall be compensated in the amount of fifteen ($15.00) dollars per month.
"In the event the independent school system now maintained in the County of Brooks is merged with the Brooks County school system, the General Assembly may change the Education Districts provided for herein and may change the board membership and the composition thereof."
Section 2. When the above proposed amendment to the Constitu tion 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, Sec tion 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 Constitution for the elec tion of the members of the Brooks County Board of Education and to provide for Education Districts within Brooks County.
"Against ratification of amendment to the Constitution for the election of the members of the Brooks County Board of Education and to provide for Education Districts within Brooks 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 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 re turns 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 issue his proclamation thereon.
The report of the committee which was favorable to the adoption of the Resolution, was agreed to, by substitute.
On the adoption of the Resolution, by substitute, the Speaker ordered the roll call and the vote was as follows:
MONDAY, FEBRUARY 13, 1956
1019
Those voting in the affirmative were Messrs.:
Adams Alien Ayers Barber of Colquitt Barber of Jackson Barker
Baughman Bentley Birdsong Black Blalock Bloodworth Bolton Brannen Campbell Carlisle Chambers Chastain Cheatham Clary Cocke Coker of Cherokee Coker of Walker
Cotton Cowart Coxwell Deal Dean of Rockdale Deen of Bacon Denmark
Denson Drinkard
Elder English Eyler Fain Floyd Flynt Fordham Foster Fowler of Douglas
Freeman
Frier Garrard Gilleland Gillis Green of Rabun Greene of Crisp
Groover
Gross of Stephens
Gross of Dade Gunter Hall Hardaway
Harrison of Jeff Davis Hayes Henderson Hodges Hogan Hudson Ivey Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Worth Jones of Lumpkin Jones of Sumter Kennedy of Tattnall Key Killian Killingsworth King of Pike Kitchens Lam Land Lanier Lindsey Lokey Long Mackay Mallory Martin Matheson of Hart Mathis of Lowndes McCracken McGarity McKenna McWhorter
Mobley Moore Moorman Murphey of Crawford
Musgrove Nightingale Odom Palmer Parker
Peacock Pelham Perkins Peters
Pettey Phillips of Columbia Phillips of Walton Pickard Potts Ramsey Raulerson Ray Rodgers Roughton Rowland Ruark Sanders Scoggin 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 Stewart Strickland Stripling Tarpley Todd Turk Twitty Underwood of
Montgomery Upshaw Veal Watson Weems Wheeler Willingham Wilson of Towns Wilson of Peach
Young Mr. Speaker
(Moate)
On the adoption of the Resolution, by substitute, the ayes were 146, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted, by substitute.
1020
JOURNAL OF THE HOUSE,
SR 21. By Senator Millican of the 52nd:
A RESOLUTION
Proposing to the qualified voters of the State of Georgia an amend ment to Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia of 1945, so as to authorize the issuance of revenue anticipation certificates.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP THE
STATE OF GEORGIA AS FOLLOWS:
SECTION 1. That Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia of 1945, which has heretofore been amended, shall be further amended by adding at the end thereof a new paragraph in the following words, to-wit:
And, except that the City of Atlanta for the purpose of (a) improving, repairing, constructing and reconstructing, making ad ditions, extensions, alterations, or improvements in its Water Works System, and acquiring the necessary property therefor; and (b) improving, repairing, purchasing, installing and constructing in cinerators or crematories for the disposal of garbage, refuse and waste, by its Sanitary Department, and acquiring the necessary property therefor, either or both, may, from time to time, issue interest bearing revenue certificates to be paid solely out of the revenues derived from Water or Sanitary service charges respec tively, and to provide for the payment of said revenue certificates by setting aside in special funds to be known as "Water Works Department Revenue Fund" and "Sanitary Department Revenue Fund", a sufficient sum, not to exceed thirty (30%) per centum of the annual charges, fees and taxes received from the water and sanitary service charges respectively, to retire the certificates. Said percentages shall be based upon the total annual receipts from each of said services for the year previous to the issue. Said certificates may be issued in one or more series, bearing such date or dates, maturing at such time or times not exceeding twenty (20) years from their respective dates; with interest at such rate or rates, not exceeding five (5%) per centum per annum, payable at such time or times, and in such medium of payment at such place or places, and in such denomination or denominations and form, either coupon or registered, and may carry such registration, con version and exchangeability privileges, and may be subject to such terms of redemption with or without premium, and to become due before the maturity date thereof, and be executed in such manner and contain such terms, covenants, assignments and conditions as the resolution authorizing the issuance of such certificates may pro vide. Said certificates shall not be sold for less than par value. Said certificates shall be negotiable for all purposes and shall be non-taxable for any and all purposes. They shall be issued when authorized by a majority vote of the Mayor and Board of Alder men, and signed by the Mayor and Comptroller of the City of Atlanta, and validated pursuant to the existing laws for validation of bonds and when so validated thereunder shall be forever incon testable and conclusive. Before issuing any such revenue certifi cates the Mayor and Board of Aldermen shall provide by resolution for the allocation of a percentage of the anticipated receipts nee-
MONDAY, FEBRUARY 13, 1956
1021
essary to pay said certificates as they mature from the particular service from which the certificates are to be paid for the year in which they mature, and as said funds are received they shall be deposited in said special funds, without deduction, for the benefit of any other department or fund of the City of Atlanta and used solely for payment of the principal and interest of said certificates. Said revenue certificates shall not be payable from or charged upon any funds other than the revenue pledged to the payment thereof, nor shall the City of Atlanta be subject to any pecuniary liability thereon, nor shall any such certificates constitute a charge, lien or incumbrance upon any of its property. The obligation created by said certificates shall not be construed as a debt within the restric tion as to debt limit of this paragraph.
Section 2. Be it further resolved by the authority aforesaid, that when said amendment shall be agreed to by two-thirds vote of the members of each House, with "Ayes" and "Nays" thereon, and pub lished as required by Article XIII, Section I, Paragraph I of the Con stitution of the State of Georgia of 1945, as amended, for two months previous to the time for holding the next general election, at which proposed amendments to the Constitution of this State may be voted on, and shall at said next general election be submitted to the people, as provided in said article, section and paragraph, for ratification. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words, "For ratification of amendment of Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia of 1945, so as to authorize the issuance of revenue anticipation certifi cates", and all persons opposed to the adopting of said amendment shall have written or printed on their ballots the words, "Against ratifi cation of amendment to Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia of 1945, so as to authorize the issuance of revenue anticipation certificates;" and if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote for ratification thereof, when the results shall be consolidated as now required by law in election for members of the General Assembly, the said amendment shall become a part of Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia of 1945, and the Governor shall make a proclamation therefor, as provided by law.
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Ayers Barber of Colquitt Barber of Jackson Barker
Baughman Bentley Birdsong Black Blalock Bloodworth
Bolton Brannen Campbell Carlisle Chambers Chastain
1022
JOURNAL OF THE HOUSE,
Cheatham Clary Cocke Coker of Cherokee Coker of Walker Cotton Cowart Coxwell Deal Dean of Rockdale Been of Bacon Denmark Denson Drinkard Elder English Eyler Fain Floyd Flynt Fordham Foster Fowler of Douglas Freeman Frier Garrard Gilleland Gillis Green of Rabun Greene of Crisp Groover Gross of Stephens Gross of Dade Gunter Hall Hardaway Harrison of Jeff Davis Hayes Henderson Hodges Hogan Hudson Ivey Jackson
Jessup Johnson of Jenkins Johnson of Gilmer Jones of Worth Jones of Lumpkin Jones of Sumter Kennedy of Tattnall Key Killian Killings-worth King of Pike Kitchens Lam Land Lanier Lindsey Lokey Long Mackay Mallory Martin Matheson of Hart Mathis of Lowndes McCracken McGarity McKenna McWhorter Mobley Moore Moorman Mull Murphey of Crawford Musgrove Nightingale Odom Palmer Parker Peacock Pelham Perkins Peters Pettey Phillips of Columbia Phillips of Walton
Pickard Potts Ramsey Raulerson Ray Rodgers Roughton Rowland Ruark Sanders Scoggin 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 Stewart Strickland Stripling Tarpley Todd Turk Twitty Underwood of
Montgomery Upshaw Veal Watson Weems Wheeler Willingham Wilson of Towns Wilson of Peach Young Mr. Speaker
(Moate)
On the adoption of the Resolution, the ayes were 146, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
SR 28. By Senator Richardson of the 13th: A RESOLUTION
Proposing to the qualified voters an amendment to the Constitution
MONDAY, FEBRUARY 13, 1956
1023
so as to provide for the election of the members of the Board of Educa tion of Macon County by the people; to provide for 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 GEOR GIA:
SECTION 1.
Article VII, Section V, Paragraph I of the Constitution, relating to county boards of education, is hereby amended by adding at the end thereof the following:
"The County Board of Education of Macon County shall be composed of five members, who shall be elected by the people of said county. Not less than five nor more than ten days after the date of the ratification of this amendment, the Ordinary of Macon County shall issue a call for an election for the purpose of electing the members of the county board of education. The date of such election shall be fixed to be held on a date not less than twenty nor more than thirty days from the date of the call thereof. The date and purpose of such election shall be published in the official organ of Macon County once a week for two weeks immediately preceding the date of the election. The five persons receiving the highest number of votes at said election shall take office January 1, 1957, and their terms shall expire December 31, 1960. Their suc cessors and all future successors shall be elected at the general election in the year in which their terms of office expire, and they shall take office on January 1 following their election. The term of office shall be for four years and until their successors are elected and qualified. Should a vacancy occur on said board, the remaining members shall elect a person to fill the unexpired term. The members of the board shall be elected from that portion of the county not embraced within the territory of an independent school district."
SECTION 2.
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, the Gov ernor is hereby authorized and instructed to cause such proposed amendment to be published as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended, for two months previous to the time of the general election at which the above proposed amendment shall be submitted for ratification or rejec tion to the electors as provided in said paragraph of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to the Constitution so as to provide for the election of the members of the Board of Education of Macon County by the people."
1024
JOURNAL OF THE HOUSE,
"Against ratification of amendment to the Constitution so as to provide for the election of the members of the Board of Education of Macon County by the people."
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If the people shall ratify such amendment by a majority of the electors qualified to vote voting thereon, such amendment shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor who shall, if such amendment be ratified, make proclamation thereof.
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Ayers Barber of Colquitt Barber of Jackson Barker Baughman Bentley Birdsong Black Blalock Bloodworth Bolton Brannen Campbell Carlisle Chambers Chastain Cheatham Clary Cocke Coker of Cherokee Coker of Walker Cotton Cowart Coxwell Deal Dean of Rockdale Deen of Bacon Denmark
Denson Drinkard Elder English Byler Fain Floyd Flynt Forodham Foster Fowler of Douglas Freeman Frier Garrard Gilleland Gillis Green of Rabun Greene of Crisp Groover Gross of Stephens Gross of Dade Gunter Hall Hardaway Harrison of Jeff Davis Hayes Henderson Hodges Hogan Hudson
Ivey Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Worth Jones of Lumpkin Jones of Sumter Kennedy of Tattnall Key Killian Killingsworth King of Pike Kitchens Lam Land Lanier Lindsey Lokey Long Mackay Mallory Martin Matheson of Hart Mathis of Lowndes McCracken McGarity McKenna McWhorter Mobley
MONDAY, FEBRUARY 13, 1956
1025
Moore Moorman Mull Murphey of Crawford Musgrove Nightingale Odom Palmer Parker Peacock
Pelham Perkins Peters Pettey Phillips of Columbia Phillips of Walton Pickard Potts Ramsey Raulerson
Ray Rodgers Roughton Rowland Ruark Sanders Scoggin 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 Stewart Strickland
Stripling Tarpley Todd Turk Twitty Underwood of
Montgomery Upshaw Veal Watson Weems Wheeler Willingham Wilson of Towns Wilson of Peach Young Mr. Speaker
(Moate)
On the adoption of the Resolution, the ayes were 146, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
SR 32. By Mr. Page of the 1st:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the Governing Authority of Chatham County to expend county funds for the purpose of eradicating mosquitoes; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section IV, Paragraph I, of the Constitu tion relating to taxing powers of counties, is hereby amended by adding at the end thereof the following:
"The Governing Authority of Chatham County is hereby au thorized to expend county funds for the purpose of eradicating mosquitoes in said county and to control drainage and sanitation and to use whatever other means reasonably necessary to accom plish said purpose."
Section 2. When the above proposed amendment to the Constitu tion 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.
1026
JOURNAL OF THE HOUSE,
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"For ratification of amendment to Constitution so as to authorize the Governing Authority of Chatham County to expend county funds for the purpose of eradicating mosquitoes.
"Against ratification of amendment to Constitution so as to au thorize the Governing Authority of Chatham County to expend county funds for the purpose of eradicating mosquitoes."
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 issue his proclamation thereon.
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Ayers Barber of Colquitt Barber of Jackson Barker Baughman
Bentley Birdsong Black Blalock Bloodworth Bolton Brannen Campbell Carlisle Chambers Chastain Cheatham Clary Cocke Coker of Cherokee Coker of Walker Cotton Cowart Coxwell Deal Dean of Rockdale Deen of Bacon
Denmark Denson Drinkard Elder English Eyler Fain
Floyd Flynt Fordham Foster Fowler of Douglas Freeman Frier Garrard Gilleland Gillis Green of Rabun Greene of Crisp
Groover Gross of Stephens Gross of Dade Gunter Hall Hardaway Harrison of Jeff Davis
Hayes Henderson Hodges
Hogan Hudson Ivey Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Worth Jones of Lumpkin Jones of Sumter Kennedy of Tattnall
Key Killian Killingsworth King of Pike Kitchens Lam Land Lanier Lindsey Lokey Long Mackay Mallory Martin Matheson of Hart
Mathis of Lowndes
McCraeken McGarity
MONDAY, FEBRUARY 13, 1956
1027
McKenna McWhorter Mobley Moore Moorman Mull Murphey of Crawford Musgrove Nightingale Odom Palmer Parker Peacock Pelham Perkins Peters Pettey Phillips of Columbia Phillips of Walton Pickard Potts
Ramsey Raulerson Ray Rodgers Roughton Rowland Ruark Sanders Scoggin Short Singer Sivell Smith of Evans Smith of Emanuel Hoke Smith of Pulton M. M. Smith of Pulton Sognier Souter Stephens of Clarke Stevens of Marion Stewart
Strickland Stripling Tarpley Todd Turk Twitty Underwood of
Montgomery Upshaw Veal Watson Weems Wheeler Willingham Wilson of Towns Wilson of Peach Young Mr. Speaker
(Moate)
On the adoption of the Resolution, the ayes were 146, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
SR 36, By Senator Raulerson of the 46th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of Pierce County by district; to provide that the Board select the County School Super intendent; to prescribe 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 GEOR GIA:
Section 1. Article VIII, Section V, Paragraph I of the Constitu tion, relating to the county boards of education, is hereby amended by adding at the end thereof the following:
"The Board of Education of Pierce County shall be composed of seven members, to be elected as hereinafter provided. For the purpose of electing such members, Pierce County is hereby divided into seven school districts. School District No. 1 shall be composed of Militia District No. 584, known as the Blackshear Militia Dis trict. School District No. 2 composed of Militia District No. 1181, known as the Patterson Militia District. School District No. 3 composed of Militia District No. 1330, known as the Sweat Militia District. School District No. 4 composed of Militia District No. 1250, known as the Mershon Militia District. School District No. 5 composed of Militia District No. 1609, known as the Walkerville
1028
JOURNAL OP THE HOUSE,
Militia District. School District No. 6 composed of Militia District No. 1694, known as the Bristol Militia District. School District No. 7 composed of Militia District No. 1491, known as the Dowling Militia District. Each member of the Board shall be elected only by the voters of the school district which such member is to repre sent. Any person offering as a candidate to represent a school district on the Board must reside in the district from which he offers. No person shall be eligible for membership on the Board unless he has resided in the school district from which he offers as a candidate for at least one year immediately preceding the date of the election.
"In the event this amendment is ratified, it shall be the duty of the Ordinary of Pierce County to issue the call for an election, which call shall be issued at least ten days prior to the date of such election, and the Ordinary shall set the date for such election for a day between the third and eighth days of December, inclu sive, in the year 1956. Such election shall be for the purpose of electing the first members of the Board of Education of Pierce 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 Pierce County. The members elected at such election shall take office January 1, 1957. The members elected from school districts Nos. 2, 3 and 7 shall serve for a term of two years and until their successors are elected and qualified. The members elected from school districts Nos. 1, 4, 5 and 6 shall serve for a term of four years and until their successors are elected and qualified. 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 same day as members of the General Assembly from Pierce County are elected, and the members elected shall take office on the first day of January immediately following their election. In case of a vacancy on the Board for any cause other than expiration of a term of office, an election shall be held to elect a member from the school district in which such vacancy occurs to fill the unexpired term. Such election shall be held within thirty days after the vacancy occurs.
"The Board of Education of Pierce County provided for herein shall select by a majority vote the County School Superintendent of Pierce County, who shall serve at the pleasure of the Board. No person shall be eligible to hold the office of County School Superintendent unless he shall have had at least three years prac tical teaching experience, hold at least a first-grade high school license, and in addition thereto shall have a Masters Degree from an accredited literary college or normal school. Such person must be of good moral character and must not have been convicted of any crime involving moral turpitude. The County School Superin tendent of Pierce County, who is elected in 1956 and who shall take office in 1957 shall serve as County School Superintendent until such time as the Board shall chose to select a Superintendent. The Board may select a person who has been elected, or they may elect some other person.
MONDAY, FEBRUARY 13, 1956
1029
"The Board of Education of Pierce County in effect at the time of the ratification of this amendment shall be abolished effec tive 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 for herein and the County School Superintendent as provided for herein shall be subject to all constitutional provisions and all statutory provisions relative to county boards of education and county school superin tendents, respectively, unless such provisions are in conflict with the provisions of this amendment.
"The members of the County Board of Education shall annually elect one of their number as Chairman of said Board. Such Chair man shall be elected at the first meeting of the Board held in each year. The members of said Board shall be compensated in the amount of $12.50 per diem for the days on which they are actually performing service as members of the Board."
Section 2. When the above proposed amendment to the Constitu tion 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 Constitution so as to pro vide for the election of members of the Pierce County Board of Education by districts, and for the selection of the Pierce County School Superintendent by the Board.
"Against ratification of amendment to Constitution so as to provide for the election of members of the Pierce County Board of Education by districts, and for the selection of the Pierce 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 per sons 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 issue his proclamation thereon.
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
1030
JOURNAL OF THE HOUSE,
On the adoption of the Resolution, the Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Ayers Barber of Colquitt Barber of Jackson Barker Baughman Bentley Birdsong Black Blalock Bloodworth Bolton Brannen Campbell Carlisle Chambers Chastain Cheatham Clary Cocke Coker of Cherokee Coker of Walker Cotton Cowart Coxwell Deal Dean of Rockdale Deen of Bacon Denmark Denson Drinkard Elder English Eyler Fain Floyd Flynt Fordham Foster Fowler of Douglas Freeman Frier Garrard Gilleland Gillis Green of Rabun Greene of Crisp Groover Gross of Stephens
Gross of Dade Gunter Hall Hardaway Harrison of Jeff Davis Hayes Henderson Hodges Hogan Hudson Ivey Jackson
Jessup Johnson of Jenkins Johnson of Gilmer Jones of Worth Jones of Lumpkin Jones of Sumter Kennedy of Tattnall Key Killian Killingsworth King of Pike Kitchens Lam Land Lanier Lindsey Lokey Long Mackay Mallory Martin Matheson of Hart Mathis of Lowndes McCracken McGarity McKenna McWhorter Mobley Moore Moorman Mull Murphey of Crawford Musgrove Nightingale Odom Palmer Parker Peacock
Pelham
Perkins Peters Pettey Phillips of Columbia Phillips of Walton Pickard Potts Ramsey Raulerson Ray Rodgers Roughton Rowland Ruark* Sanders Scoggin 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
Stewart Strickland Stripling Tarpley Todd Turk Twitty Underwood of
Montgomery
Upshaw Veal Watson Weems Wheeler Willingham Wilson of Towns Wilson of Peach
Young Mr. Speaker
(Moate)
MONDAY, FEBRUARY 13, 1956
1031
On the adoption of the Resolution, the ayes were 146, nays 0.
The Resolution, having received the requisite two-thirds constitutional majority, was adopted.
SB 33. By Senator Page of the 1st:
A RESOLUTION
Proposing to the qualified voters of the State of Georgia an amend ment to paragraph III, Section I, Article VII, of the Constitution of Georgia of 1945 creating additional industrial areas in the County of Chatham, fixing the boundaries of said industrial areas, providing that needed municipal services be furnished said areas as a prerequisite for taxation by any municipal corporation, providing for the levying of taxes in a manner different from the manner of levying taxes on other classes of property, limiting the amount of taxes that may be levied in said industrial areas by any municipal corporation, and providing for the submission of this amendment for ratification or rejection by the people, and for other purposes.
WHEREAS, in order to keep pace with the rapidly increasing in dustrial progress in Chatham County and to continue to encourage industrial to locate in Chatham County.
It is deemed wise and expedient to expand the industrial areas suitable for the location of industries in Chatham County, Georgia, and to provide for the furnishing of certain services by any municipal corporation which may hereafter be in a position to furnish same:
Therefore, be it resolved by the General Assembly of the State of Georgia that:
SECTION I.
That Article VII, Section I, Paragraph III of the Constitution of the State of Georgia be and the same is hereby amended by striking to the end thereof the following paragraph to be known as Paragraph III B, Section I, Article VII, of the Constitution of the State of Georgia of 1945:
Paragraph IIIB. There are hereby created in Chatham County, west of the property of the Georgia Ports Authority, commonly known as the Savannah State Docks, certain areas along the Savannah River, to be known as industrial areas; said industrial areas shall include all the lands and improvements located within the following boundaries:
PARCEL NO.l. Beginning at the intersection of Pipe Maker Canal and the west line of the Savannah River and extending thence westwardly along the north side of Pipe Maker Canal to the intersection of said Canal and the east line of U. S. Highway No. 17, thence along the east line of U. S. Highway No. 17 in a northerly direction to the south west corner of Lot No. 72 in the Grange Subdivision, thence with the south line of the Grange Subdivision in an easterly direction to the southeast corner of Lot 96 of said subdivision, the same point being the southwest corner of Lot No. 98, of said subdivision, thence along the line between Lots No. 96 and 98 of said subdivision in a northerly di-
1032
JOURNAL OP THE HOUSE,
rection and continuing across Grange Road to the southeast corner of Lot No. 97 of the Grange Subdivision extending thence northwardly along the east line of Lot No. 97 to the northeast corner of said lot, extending thence westwardly along the north line of Grange Subdivision to the east line of U. S. Highway No. 17, extending thence northwardly along the east line of U. S. Highway No. 17 to the north property line of the Atlan tic Creosoting Company, extending thence eastwardly along the north property line of Atlantic Creosoting Company to the west boundary of the right of way of the Savannah and Atlanta Railway, thence in a northerly and Northwesterly direction along said right of way line of Savannah and Atlanta Railway to a point on the east line of U. S. Highway No. 17, extending thence northwardly along the east line of U. S. Highway No. 17 to a point approximately 107 feet south of the intersection of U. S. Highway No. 17 and the south line of Appleby Road, extending thence northwardly along the east line of Blocks Numbers 1, 2 and 21 of Bonnybridge Subdivision to a point on the south line of U. S. Highway No. 17, extending thence across U. S. Highway No. 17 on a bearing of north ten degrees forty-five minutes (10 45') west and continuing on this bearing to the intersection of line on said bearing and Augustine Creek, said Creek being the northern property line of the Port Wentworth Corporation, thence in an easterly direction along said creek to a point on the west line of the Savannah River, thence with the west line of the Savannah River in a southerly direction to the point of be ginning; all of which will appear by reference to a map showing Port Wentworth Corporation property and vicinity, Chatham County, Geor gia, and listed as Map No. 16538, File C-6-Y, in the Office of Chief Engineer, Sav;annah and Atlanta Railway Company.
PARCELING. 2. An island formed by the cutting of a new channel and the old channel of the Savannah River and located east of the new channel, the property of the Port Wentworth Corporation.
PARCEL NO. 3. And also all that portion of Whitehall Plantation lying west of U. S. Highway No. 17, marked "Midland Properties Co.", which is bounded on the north by the south line of the Grange Sub division, on the east by U. S. Highway No. 17, on the south of Pipe Maker Canal, and on the west by Georgia Highway No. 21, commonly known as the Augusta Road:
Be it further resolved by the authority aforesaid that said industrial areas as above described shall not hereafter be included within the limits of any municipal corporation, hereafter incorporated or now existing, except by process of constitutional amendment, and said areas shall not be subject to taxation by any municipal corporation now existing or hereafter incorporated except in the manner herein provided. The duly constituted authorities of any municipal corporation hereafter in corporated or now existing, shall be authorized and empowered to levy taxes on the land and improvements in said industrial areas when such municipal corporation shall be able to furnish needed municipal services to said areas or parts thereof, and the levying of taxes on said industrial areas, or parts thereof, shall be limited to five (5) mills on the dollar and the assessment of said property shall be the same assessment as is made by the County of Chatham on the tax returns of the property and improvements located within said industrial areas. The duly constituted authorities of any such municipal corporation when empowered to levy taxes on the land and improvements within said industrial areas are
MONDAY, FEBRUARY 13, 1956
1033
hereby expressly prohibited from exercising regulatory licensing of any other municipal or other governmental function over said area.
SECTION II.
Be it further resolved by the authority aforesaid that when said amendment shall be agreed to by two-thirds (%) vote of the members elected to each of the two houses of the General Assembly, said amend ment shall be entered on their journals with "ayes" and "nays" taken thereon and shall, by the Governor, be published in one or more news papers in each congressional district, and in one or more newspapers at Savannah, Georgia, in the County of Chatham, for two months previous to the time of holding the next general election at which members of the General Assembly are elected and said amendment shall be submitted to the people at said next general election; all persons voting at said election in favor of adopting said proposed amendment to the Constitu tion shall have written or printed on the ballot the words "For ratifi cation of amendment to Article VII, Section I, Paragraph III, of the Constitution of Georgia, authorizing the creation of additional industrial areas in the County of Chatham", and all persons opposed to the adop tion of said amendment shall have written or printed on the ballot the words "Against ratification of amendment to Article VII, Section I, Paragraph III, of the Constitution of Georgia, authorizing the creation of additional industrial areas in the County of Chatham".
If the majority of the electors qualified to vote for members of the General Assembly, voting thereon, in the State as a whole, and also a majority of said electors voting thereon in Chatham County, shall vote for ratification thereof, when the returns shall "be consolidated as re quired by law in elections for members of the General Assembly, the said amendment shall become a part of Article VII, Section I, Paragraph III, of the Constitution of the State of Georgia, and the Governor shall issue a proclamation thereof.
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams
Alien Ayers Barber of Colquitt Barber of Jackson Barker Baughman Bentley Birdsong Black Blalock Bloodworth Bolton
Brannen
Campbell Carlisle Chambers Chastain Cheatham Clary Cocke Coker of Cherokee Coker of Walker Cotton Cowart Coxwell
Deal
Dean of Rockdale Deen of Bacon Denmark Denson Drinkard Elder English Eyler Fain Floyd Flynt Fordham
1034
JOURNAL OF THE HOUSE,
Foster Fowler of Douglas Freeman Frier Garrard Gilleland Gillis Green of Rabun Greene of Crisp Groover Gross of Stephens Gross of Bade Gunter Hall Hardaway Harrison of Jeff Davis
Hayes Henderson Hodges Hogan Hudson Ivey Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Worth Jones of Lumpkin Jones of Sumter Kennedy of Tattnall
Key Killian Killings-worth King of Pike Kitchens
Lam Land
Lanier Lindsey Lokey Long Mackay Mallory Martin Matheson of Hart Mathis of Lowndes McCracken McGarity McKenna McWhorter Mobley Moore Moorman Mull Murphey of Crawford Musgrove Nightingale Odom Palmer Parker Peacock Pelham Perkins Peters Pettey Phillips of Columbia Phillips of Walton Pickard Potts Ramsey Raulerson Ray Rodgers Roughton
Rowland Ruark Sanders Scoggin 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 Stewart Strickland Stripling Tarpley Todd Turk Twitty Underwood of
Montgomery Upshaw Veal Watson Weems Wheeler Willingham Wilson of Towns Wilson of Peach Young Mr. Speaker
(Moate)
On the adoption of the Resolution, the ayes were 146, nays 0*
The Resolution, having received the requisite two-thirds constitutional majority, was adopted.
Under the regular order of business, the following Bill of the House was taken up for consideration and read the third time:
HB 484. By Messrs. Groover of Bibb and Moate of Hancock:
A Bill to be entitled an Act to amend an Act known as the "State Toll Bridge Authority Act", and for other purposes.
The following Minority Report was read:
Mr. Odom of Camden, member of State of Republic Committee, objects to the Majority Report of said Committee in passing out HB
MONDAY, FEBRUARY 13, 1956
1035
484 with the recommendation that it "Do Pass", and files this, his Minority Report.
This 9th day of February, 1956. /s/ John D. Odom.
The previous question was ordered.
The main question was ordered.
The following amendment was read and adopted:
Mr. Groover of Bibb moves to amend HB 484 by adding at the end of Section 1 thereof and to Section 2 of the State Toll Bridge Authority Act, as amended by Section 1, the following:
"Provided, however, that the compensation allowed to members of the Authority shall not constitute a charge against the revenue from any project existing or under construction at the time of the approval of this amendatory Act."
An amendment offered by Mr. Palmer of Mitchell was read and lost.
The following Committee amendment was read and adopted:
The Committee on State of the Republic moves to amend HB 484 by amending Section 3 thereof by adding to sub-paragraph (h) thereof after the words "lying wholly within the State" the words "one terminus of which shall be within five miles of a toll bridge constructed by the authority under and by virtue of the State Toll Bridge Authority Act" so that sub-paragraph (h) as amended will read as follows:
"(h) The term 'road' shall mean any continuous stretch of roadway, highway, thoroughfare, toll or express highway, lying wholly within the State, one terminus of which shall be within five miles of a toll bridge constructed by the Authority under and by virtue of the State Toll Bridge Authority Act, not exceeding sixty miles in length, used or useful in affording passage to vehicles or persons from one point to another, including any bridge or bridges located thereon necessary to the convenient and unimpeded use of such roadway, highway or thoroughfare, and including feeder roads and restaurant, service, recreational and other facilities necessary or convenient to the operation of such road; and said term shall include such roads as above defined as completed, and also such as may from time to time be planned, laid out and/or placed under construction by the Authority."
An amendment offered by Mr. Palmer of Mitchell was read and lost.
The following Committee amendment was read and adopted:
The Committee on State of the Republic moves to amend HB 484 by amending Section 8 thereof by adding at the end of the language in serted in Section 31 of the Toll Bridge Authority Act by said Section 8, and at the end of said Section 31, as amended, the following:
1036
JOURNAL OF THE HOUSE,
"Provided, however, that nothing herein contained shall be construed to prevent the State or the State Highway Department from maintaining, relocating, improving and continuing the opera tion of any existing State Highway."
An amendment offered by Messrs. Lanier of Candler and Alien of Bulloch was read and lost.
An amendment offered by Mr. Strickland of Toombs was read and lost.
An amendment offered by Mr. Parker of Appling was read and ruled out of order.
The following amendment was read and adopted:
Mr. Watson of Dougherty moves to amend HB 484 by adding a new section thereto to be appropriately numbered and to read.
"Any other provisions hereof to the contrary notwithstanding
all concessions, contracts or other rights or dispositions for the
operation of restaurants, motels, service stations, and recreational
facilities located on such road shall be leased, conveyed, granted,
or entered into only after advertisement thereof once a week for
4 weeks, in the newspapers in which Sheriff's advertisements are
* published for each county through which any portion of said road
to be affected by such letting passes, immediately preceding the
date of such disposition. Said advertisement shall fully disclose the
action proposed to be taken, and no disposition shall be for more
than a 20 mile stretch of said road at a single letting. All disposi
tions of every sort shall be only to the highest bidder therefor at
the time and place so advertised. The authority or its lessee of the
entire project shall have the right to reject all bids, and, on such
rejection shall readvertise and again follow the above procedure
until an acceptable high bid is procured and such disposition made
pursuant thereto."
.,
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. Pelham of Schley moved the ayes and nays and the call was sustained.
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Ayers Barber of Colquitt Barker Baughman Birdsong Blackburn Blaloek Bolton
Brown Callier Carlisle Chambers Chastain Clary Cloud Cocke
Coker of Cherokee Cotton Cowart Coxwell Dean of Rockdale Drinkard English Fain
MONDAY, FEBRUARY 13, 1956
1037
Flynt Foster Fowler of Douglas Garrard Green of Rabun Greene of Crisp Groover Gross of Stephens Gunter Hall Harrell Hodges Hurst Ivey Jessup Johnson of Gilmer Jones of Worth Jones of Sumter Jordan Kelley Kennedy of Turner Key Killian
Killingsworth Kitchens Lam Lokey Long Lowe Mackay Mallory Martin Mashburn Massee Matthews Mauldin McCracken McGarity McWhorter Moorman Nightingale Nilan Peacock Perkins Phillips of Columbia Pickard
Potts Ray Roughton Ruark Russell Sanders Sheffield Short Hoke Smith of Fulton Souter Stephens of Clarke Stewart Stripling Tarpley Todd Turk Twitty Watson Wheeler Williams Willingham Young
Those voting in the negative were Messrs.:
Adams Alien Barber of Jackson Bentley Black Bloodworth Brannen Caldwell Campbell Cason Gates Cheatham Cheek Deal Deen of Bacon Denmark Denson Duncan Elder Eyler Floyd Fordham Fowler of Tift Freeman Frier Gilleland Grimsley
Gross of Dade Hardaway Hawkins Hayes Henderson Hendrix Hogan Hudson Jackson Kennedy of Tattnall King of Pike Lanier Larkins Lindsey Love Matheson of Hart Mathis of Lowndes McKenna Mincy Mobley Moore Murphy of Haralson Musgrove Odom Palmer Parker Pelham
Pettey Phillips of Walton Ramsey Raulerson Reed Register Rodgers Rowland Scoggin Sivell Smith of Evans Smith of Emanuel Sognier Stevens of Marion Strickland Tamplin Tanner Truelove Underwood of Bartow Underwood of
Montgomery Upshaw Veal Willis Wilson of Towns Willis of Peach
On the passage of the Bill, as amended, the ayes were 92, nays 79.
1038
JOURNAL OF THE HOUSE,
The Bill, having failed to receive the requisite constitutional majority, was lost.
Mr. Groover of Bibb gave notice that at the proper time he would move that the House reconsider its action in failing to pass HB 484.
Under the regular order of business, the following Resolution of the House was again taken up for consideration:
HR 204-561c. By Messrs. Sanders, Holley, and Chambers of Richmond:
A Resolution authorizing the establishing and leasing of port facilities in Richmond County, and for other purposes.
The previous question was ordered.
The main question was ordered.
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 Colquitt Barker Baughman Bentley Birdsong Black Blackburn Blalock Bloodworth Bolton Brannen Brown Campbell Cason Gates Chambers Chastain Cheatham Clary Cloud Cocke Coker of Cherokee Coker of Walker Cotton Cowart
Coxwell Dean of Rockdale Denmark Drinkard Elder English Eyler Flynt Fordham Foster Fowler of Douglas Freeman Frier Garrard Gilleland Gillis Green of Rabun Grimsley
Groover Gross of Stephens Gunter Hardaway Harrell Hayes Henderson Hogan Holley Hudson
Jessup Johnson of Jenkins Johnson of Gilmer Kelley Kennedy of Turner Key Killian Larkins Lindsey Lokey Long Love Mackay Mallory Mashburn Matheson of Hart Matthews Mauldin McCracken McGarity McKenna McWhorter Mobley Moore Moorman Mull Murphey of Crawford Musgrove
MONDAY, FEBRUARY 13, 1956
1039
Nightingale Nilan Palmer
Perkins Peters
Pettey
Phillips of Columbia Pickard
Potts
Raulerson Ray Reed
Register Roughton
Rowland Ruark
Sanders Scoggin Sheffield
Sivell Smith of Evans
Smith of Emanuel
Hoke Smith of Fulton M. M. Smith of Fulton
Sognier
Souter Stephens of Clarke Stevens of Marion
Stewart Strickland
Stripling Tamplin
Tarpley Todd Truelove
Twitty Underwood of Bartow
Underwood of
Montgomery Upshaw
Veal
Watson Weems Wheeler
Williams Wilson of Peach
Young
On the adoption of the Resolution, the ayes were 130, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
The Resolution was ordered immediately transmitted to the Senate.
Under the regular order of business, the following Bills and Resolutions of the House were taken up for consideration and read the third time:
HR 188-531c. By Messrs. Cloud of Decatur and Harrell of Grady:
A Resolution authorizing the establishing and leasing of port facilities in Decatur County, and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 110, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 189-531d. By Messrs. Nightingale and Killian of Glynn:
A Resolution authorizing the establishment and leasing of port facilities in Glynn County, and for other purposes.
The previous question was ordered.
The main question was ordered.
1040
JOURNAL OF THE HOUSE,
The following Committee amendment was read and adopted:
The Committee on State of the Republic moves to amend HR 189531d as follows:
By striking the following words in the second paragraph "to four hundred forty nine feet of waterfront property fronting on East River (sometimes called Oglethorpe Bay or Brunswick Harbor) in the City of Brunswick, Glynn County, Georgia," and substituting in lieu thereof the words "at a suitable site in Glynn County to be selected".
The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.
On the adoption of the Resolution, as amended, the ayes were 105, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HR 141-399e. By Messrs. Coker of Cherokee and Mashburn of Forsyth:
A Resolution authorizing the Governor to sell certain land in Dawson and Forsyth Counties, and for other purposes.
The previous question was ordered
The main question was ordered.
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.
The Resolution was ordered immediately transmitted to the Senate.
HB 459. By Messrs. Rutland, Mackay and McWhorter of DeKalb and others:
A Bill to be entitled an Act to provide for adding one additional Judge of the Superior Courts for the Stone Mountain Circuit, and for other purposes.
The previous question was ordered.
The main question was ordered.
The following substitute to HB 459, offered by Messrs. Rutland, Mackay and McWhorter of DeKalb and others, was read and adopted:
A BILL
To be entitled An Act to carry into effect Paragraph I, Section III,
MONDAY, FEBRUARY 13, 1956
1041
Article IV, of the Constitution of 1945 of this State, to add one additional Judge of the Superior Courts for the Stone Mountain Circuit, so as to increase the number of Judges in said Circuit to three; to regulate the manner in which the Judges of the Stone Mountain Circuit shall dispose of the business thereof; to fix the time at which the term of said addi tional judge shall begin, and terminate; to provide for his election and compensation; to provide for courtroom and chamber space; to provide for employment of an additional court reporter for said Circuit; to amend an Act approved February 16, 1950, (Georgia Laws 1950, page 304) so as to change provisions relating to selection and compensation of secretarial assistance for the Judges of said Circuit; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA AND IT IS HEREBY ENACTED BY AUTHORITY OF SAME:
Section 1. There is hereby created an additional Judge of the Superior Courts for the Stone Mountain Circuit for a term of office commencing on the first day of January, 1957, and continuing for a term of four years and until his successor is elected and qualified in the manner provided by law for the election of judges of the superior court.
Section 2. Such additional judge of the Superior Courts of the Stone Mountain Circuit shall be elected in the manner provided by law for the election of judges for the superior courts of this State at the general election for members of the General Assembly to be held on Tuesday after the first Monday in November, 1956, for a term of four years beginning on the first day of January, 1957, and until his suc cessor shall have been elected and qualified. All future elections for such judge shall be for a term of four years, and shall be held and con ducted as is now or as may hereafter be provided by law for the election of judges of the superior courts of this State.
Section 3. The qualifications of such additional judge shall be the same as are now provided by law for all other superior court judges, and his compensation shall be the same, and the manner of payment shall be the same as is now or may hereafter be fixed by law for the present Judges of the Superior Courts of the Stone Mountain Circuit.
Section 4. Such additional judge of the Superior Courts of the Stone Mountain Circuit shall have all the powers, jurisdiction, duties, and dignity of the present judges of the superior courts of this State.
Section 5. All writs, processes, orders and subpoenas issuing out of the Superior Courts of the Stone Mountain Circuit may bear teste in the name of any of the Judges of the said Stone Mountain Circuit and when issued by or in the name of any judge of said circuit shall be as valid and binding as if there were only one judge of the superior courts and they had been issued by him or had born teste in his name.
Section 6. The drawing and empanelling of all jurors, whether grand, petit, or special may be by any of the judges of the superior courts of said circuit, and they, or any of them, shall have full power and authority to draw and empanel jurors for service in said courts so as to have jurors for the trial of cases before any of said Judges in the same or separate counties, or before each of them at the same time.
1042
JOURNAL OF THE HOUSE,
Section 7. All writs and processes in the Superior Courts of the Stone Mountain Circuit shall be returnable to the terms of said Superior Courts as they are now fixed and provided by law, or as they may here after be fixed or determined by law, and all terms of said courts shall be held in the same manner as though there were but one judge, it being the intent and purpose of this Act to provide three judges co-equal in jurisdiction and authority to attend to and perform the functions, powers, and duties of the judges of said superior courts and to direct and conduct all hearings and trials in said courts.
Section 8. All functions provided by law or permitted by law to be done or performed by the judges of the superior courts of this State, whether in their own or in other circuits, or whether sitting in appellate courts as provided by law, may be done or performed by any of the judges of said Stone Mountain Circuit.
Section 9. The said Judges of the Superior Courts of the Stone Mountain Circuit shall have, and they are hereby clothed with full power, authority and discretion to determine from time to time, and term to term, the manner of calling the dockets in said courts and of fixing the order of business. They may assign the hearing of trials by jury for a term to one or two said judges and the hearing of all other matters not requiring a trial by jury to the other one or two judges, and they may alternate such order of business at the next term. They may all or any of them conduct trials at the same time in the same or separate counties, or they may all or any of them hear chambers business and motion business at the same time in the same or separate counties. They may provide in all respects for holding the superior courts of said circuit so as to facilitate the hearing and determination of all the business of said courts at any time pending any ready for trial or hearing. In all such matters relating to the manner of fixing, arranging for and disposing of the business of said courts, and making appointments as authorized by law where the judges thereof cannot agree or shall differ, the opinion or order of the judge senior in the term of service as superior court judge shall control; provided, however, that in the event that any two or more of said judges were elected at the same time and neither or none of said judges be senior in term of service, the judge receiving the great est number of votes in the election shall be deemed the senior judge.
Section 10. The county authorities of said counties comprising said Stone Mountain Circuit, are hereby fully authorized and empowered to provide a suitable courtroom, jury rooms, and chambers for the present judges and for the said additional judge, and upon the recommendation of all of said judges, the same shall be provided.
Section 11. The judges of the Stone Mountain Circuit shall be authorized and empowered to employ an additional court reporter for such duties and for such compensation as they see fit up to and including, but not exceeding the renumeration of the present two court reporters of the Stone Mountain Circuit, as the same shall be now or hereafter fixed.
Section 12. The Act approved February 16, 1950, (Georgia Laws I960, page 304) entitled "An Act to carry into effect Paragraph One, Section Three, Article Six of the Constitution of 1945 of this State, to add one additional Judge of the Superior Court for the Stone Mountain Circuit; to regulate the manner in which the judges of the Stone Moun tain Circuit shall dispose of business thereof; to fix a time at which
MONDAY, FEBRUARY 13, 1956
1043
the term of said additional judge shall begin; to provide for his election and for his compensation; to provide courtroom and chamber space; to provide for secretarial help; and for other purposes" is hereby amended by striking Section 11 thereof relating to secretarial help for the Judges of the Stone Mountain Circuit, in its entirety, and by substituting in lieu thereof the following new Section 11, to read as follows:
"Section 11. The Judges of the Stone Mountain Circuit shall be authorized and empowered to employ such secretarial assistance as may be necessary in carrying on the business of the Courts of said Circuit, and to fix the compensation of such secretary or secre taries, which salary or salaries when so fixed, shall be paid monthly as an expense of court from the general funds of the counties com prising the Stone Mountain Circuit in the proportion that the popu lation of each county bears to the total population of the Stone Mountain Circuit as determined by the latest United States census."
Section 13. Should any court of this State declare any section or clause of this Act unconstitutional or invalid for any reason or cause, then such decision shall affect only that section or clause so declared to be unconstitutional and invalid, and shall not affect any other section, clause or part of this Act.
Section 14. All laws and parts of laws in conflict with the pro visions of this Act are hereby repealed.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.
On the passage of the Bill, by substitute, the ayes were 104, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
The Bill was ordered immediately transmitted to the Senate.
HB 532. By Mr. Sheffield of Brooks:
A Bill to be entitled an Act to amend an Act so as to remove the pro visions as to the tax upon dealers in rim-fire pistol and rifle cartridges, and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 122, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
1044
JOURNAL OF THE HOUSE,
Under the regular order of business, the following Bill of the House was again taken up for consideration:
HB 348. By Mr. Dean of Rockdale:
A Bill to be entitled an Act to provide for the appointment of an Assist ant Solicitor General in judicial circuits having two or more Judges of Superior Courts in such circuits, and for other purposes.
The previous question was ordered.
The main question was ordered.
The following amendments were read and adopted:
Mr. Groover of Bibb moves to amend HB 348 by striking Section 4 in its entirety.
Mr. Groover of Bibb moves to amend HB 348 by striking Section 4 in its entirety and by substituting therefor the following: "Section 4. Nothing in this Act shall apply to the Atlanta Judicial Circuit, the Augusta Judicial Circuit, the Eastern Judicial Circuit, and the Macon Judicial Circuit."
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 114, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Under the regular order of business, the following Bills of the House were taken up for consideration and read the third time:
HB 584. By Mr. Groover of Bibb:
A Bill to be entitled an Act to simplify the construction and financing of educational and training facilities, and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
MONDAY, FEBRUARY 13, 1956
1045
Those voting in the affirmative were Messrs.:
Alien Ayers Bagby Barber of Jackson Baughman Birdsong Black Blackburn Blalock
Bloodworth Bolton Brannen Campbell Gates Chambers Clary Cloud Coker of Cherokee Coker of Walker Cotton Cowart Coxwell Dean of Rockdale Deen of Bacon Denmark Denson Duke Elder English Floyd Fordham Foster Fowler of Douglas Freeman Garrard Gilleland Gillis Green of Rabun Greene of Crisp Grimsley Groover
Gross of Stephens Gross of Dade Hall Hardaway Harrell Hawkins Hayes Henderson Hodges Hogan Huddleston Hudson Ivey Jackson Jessup Johnson of Jenkins Johnson of Gilmer Kelley Kennedy of Turner Kennedy of Tattnall
Key Killian King of Pike Kitchens Lam Lavender Lindsey Lokey Long Love Lowe Mackay Mallory Mashburn Matheson of Hart Mathis of Lowndes Mauldin McKenna McWhorter Mobley Moore
Moorman Murphey of Crawford Murphy of Haralson Murr Musgrove Nightingale Nilan Palmer Peacock Perkins Peters Phillips of Columbia Ramsey Raulerson Roughton Rowland Ruark Russell Scoggin Sivell Smith of Evans Hoke Smith of Fulton Sognier Souter Stephens of Glarke Stewart Strickland Tamplin Tanner Tarpley Turk Upshaw Veal Weems Wheeler Williams Willis Wilson of Towns Wilson of Peach Young
On the passage of the Bill, the ayes were 122, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 335. By Messrs. Floyd and Weems of Chattooga and others:
A Bill to be entitled an Act to amend an Act so as to provide for the compensation of the members of the State Board of Veterans Service, and for other purposes.
The previous question was ordered.
1046
JOURNAL OF THE HOUSE,
The main question was ordered.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs. :
Adams Alien Ayers Bagby Barber of Jackson Barker Baughman Birdsong Black Blackburn Blalock Bloodworth Bolton Brannen Brown Campbell Cason Gates Chambers Clary Cloud Cocke Coker of Cherokee Coker of Walker Cotton Cowart Coxwell Deen of Bacon Denson Elder Eyler Floyd Fordham Foster Fowler of Douglas Fowler of Tift Freeman Gilleland Gillis Green of Rabun Greene of Crisp
Grimsley Gross of Stephens Gross of Dade Gunter Hardaway Harrell Hawkins Hayes Hogan Huddleston Hudson Hurst Ivey Jackson Jessup Johnson of Gilmer Kennedy of Turner Kennedy of Tattnall
Key Killian King of Pike Lam Lavender Lindsey Lokey Long Love Lowe Mackay Mallory Mashburn Matheson of Hart Matthews Mauldin McGarity McKenna Mobley Moorman Murphey of Crawford Murr Musgrove
Those voting in the negative were Messrs.:
Barber of Colquitt Henderson
McWhorter Pickard
Parker Peacock Perkins Peters Phillips of Columbia Phillips of Walton Potts Ramsey Raulerson Ray Reed Register Roughton Rowland Ruark Russell Sanders Scoggin Smith of Evans Smith of Emanuel Sognier Souter Stephens of Clarke Stewart Stripling Tanner Tarpley Todd Truelove Turk Twitty Underwood of Bartow Underwood of
Montgomery U pshaw Veal Weems Wheeler Williams Wilson of Towns Wilson of Peach
Sivell
MONDAY, FEBRUARY 13, 1956
1047
On the passage of the Bill, the ayes were 122, nays 5.
The Bill, having received the requisite constitutional majority, was passed.
HB 501. By Messrs. Blalock of Clayton and Scoggin of Floyd:
A Bill to be entitled an Act to amend an Act so as to change the com pensation of the Director of the State Board of Social Security, and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alien Bagby Barber of Jackson Barker Baughman Blalock Bloodworth Bodenhamer Bolton Brannen Brown Campbell Cason Gates Chambers Cheatham Clary Cloud Coker of Cherokee Coker of Walker Cotton Cowart Coxwell Dean of Rockdale Deen of Bacon Denson Drinkard Duke Elder Eyler Floyd Foster
Fowler of Douglas Fowler of Tift Freeman Frier Garrard Gillis Green of Rabun Greene of Crisp Groover Gross of Dade Hardaway Harrell Harrison of Jeff Davis Hawkins Hayes Hogan Hudson Hurst
Ivey
Jackson Jessup Johnson of Gilmer Kelley Kennedy of Turner Kennedy of Tattnall Key Killian King of Pike Lavender Lindsey Lokey Long
Love Lowe Mackay Mashburn Matheson of Hart Matthews Mauldin McCracken McKenna Mobley Murphey of Crawford Murphy of Haralson Murr Musgrove Parker Peacock Perkins Peters Phillips of Columbia Phillips of Walton Ramsey Raulerson Ray Reed Roughton Rowland Russell Sanders Scoggin Sheffield Short Smith of Evans
1048
JOURNAL OF THE HOUSE,
Hoke Smith of Fulton Sognier Souter Stephens of Clarke Stewart Strickland Tamplin
Tanner Todd Truelove Turk Underwood of Bartow Underwood of
Montgomery
Upshaw Veal Weems Wheeler Willis Willis of Peach
Those voting in the negative were Messrs.:
Ayers Barber of Colquitt English
Fain Gilleland
Grimsley Gross of Stephens Henderson
Mallory Moore
Pickard Sivell Watson Williams
On the passage of the Bill, the ayes were 115, nays 14.
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 Senate substitute thereto:
HB 183. By Messrs. Campbell and Coker of Walker:
A Bill to be entitled an Act to amend an Act relating to the issuance of marriages licenses, and for other purposes.
The following Senate substitute was read:
AN ACT
To amend Code Section 53-201, relating to the granting of marriage licenses, so as to specify the persons who are authorized to grant such licenses; to provide the time of granting such licenses by the Ordinary or his clerk; 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.
Code Section 53-201, relating to the granting of marriage licenses, is hereby amended by striking such section in its entirety and in lieu thereof inserting the following:
"53-201. Marriage licenses shall be granted only by the Ordinary, or his clerk at the county courthouse, or by the Ordinary at his legal residence; only between the hours of 8 A. M., and 12 P. M., or by a clerk at such clerk's residence, provided such residence is within the militia district of the county seat. Such license shall be issued in the county where the female to be married resides if she is a resident of this State, and in the county in which the ceremony is to be performed, if the
MONDAY, FEBRUARY 13, 1956
1049
female to be married be a nonresident of this State. The license shall be directed to any judge, justice of the peace, or minister of the gospel, authorizing the marriage of the persons therein named and requiring such judges, justice of the peace, or minister of the gospel to return the said license to the Ordinary, with the certificate thereon as to the fact and date of the marriage, within thirty (30) days after the date of said marriage, which license, with the return thereon shall be recorded by the Ordinary in a book kept by him for that purpose. Any other provision of this section or any other law to the contrary notwithstand ing, the Ordinary of any county which has within its boundaries a
municipality that has a population according to the 1950, or any future United States census, greater than that of the county seat of such county, is hereby authorized to appoint a clerk for the purpose of granting marriage licenses in such municipality, at an office designated by the Ordinary. Such license shall be issued only between the hours prescribed herein."
SECTION 2.
If any Ordinary or clerk grants a marriage license in violation of the provisions of the first sentence of Code Section 53-201, such Ordi nary or clerk, as the case may be, shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided by law.
SECTION 3.
In the event any part of this Act, or Code Section 53-201 is declared unconstitutional by a court of competent jurisdiction, such declaration shall not affect any other part of this Act, or of Code Section 53-201 and the same shall remain of full force and effect as if enacted without such unconstitutional part.
SECTION 4.
All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Coker of Walker moved that the House agree to the Senate substitute to HB 183.
On the motion to agree, the ayes were 121, nays 0.
The Senate substitute to HB 183 was agreed to.
Under the regular order of business, the following Resolution of the House was taken up for consideration and read the third time:
HR 124-348b. By Messrs. Stephens of Clarke, Fowler of Douglas, and Blalock of Clayton:
A Resolution creating a committee to study the advisability of con structing a building for the purpose of storing county and State records, and for other purposes.
The previous question was ordered.
1050
JOURNAL OF THE HOUSE,
The main question was ordered.
The following Committee amendment was read and adopted:
The Committee on State of the Republic moves to amend HR 124348b:
1. The third from the last sentence is amended by deleting there from the words "and is hereby authorized to employ clerical and other personnel to assist it in the performance of its duties and functions provided for herein" and substituting therefor a period at the end of the sentence.
2. The second from the last sentence is amended by deleting there from the words "including the two members who are not members of the General Assembly" and adding at the end of the sentence the words: "and the two members who are not members of the General Assembly shall be entitled to, and shall receive expense allowance and travel allowance as is received by a member of the General Assembly for service on interim committees, and provided said committee shall not receive any compensation for any service in excess of ten (10) days."
The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.
On the adoption of the Resolution, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Ayers Bagby Barber of Jackson Barker Baughman Birdsong Blalock Bloodworth Bodenhamer Bolton Cason Gates Chambers Cnastain Cocke Coker of Cherokee Cotton Cowart Coxwell Dean of Rockdale Been of Bacon Denson Duke English Pain
Ployd Flynt Fordham Foster Fowler of Douglas Frier Garrard Gilleland Green of Rabun Greene of Crisp Grimsley Groover Gross of Stephens Gross of Dade Harrison of Jeff Davis Hawkins Hogan Hudson Hurst Ivey Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Worth
Jordan Kennedy of Turner Kennedy of Tattnall Key Killian King of Pike Lam Larkins Lindsey Lokey Long Love Lowe Mackay Martin Mashburn Matheson of Hart Matthews Mauldin McCracken McGarity Mobley Moore Moorman Murphy of Haralson
MONDAY, FEBRUARY 13, 1956
1051
Murr Musgrove Nightingale Palmer Peacock Perkins Peters Phillips of Columbia Potts Ramsey Ray Reed Register Roughton Rowland
Ruark Russell Sanders Scoggin Sheffield Sivell Smith of Evans Smith of Emanuel Souter Stephens of Clarke Strickland Tamplin Tanner Tarpley Todd
Truelove Twitty Underwood of Bartow Underwood of
Montgomery Veal Weems Wheeler Willingham Willis Wilson of Towns Wilson of Peach Young
Those voting in the negative were Messrs.:
Barber of Colquitt Clary
Henderson
Mallory
On the adoption of the Resolution, as amended, the ayes were 118, nays 4.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
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 amendments thereto:
HB 198. By Mr. Fain of Franklin:
A Bill to be entitled an Act to repeal an Act creating the office of Commissioner of Roads and Bridges and a Board of Finance for Frank lin County, and for other purposes.
The following Senate amendments were read:
Senator Ayers of the 31st moves to amend HB 198 by striking Sec tion 8 in its entirety and inserting in lieu thereof a new section to be numbered Section 8 and to read as follows:
"Section 8. On all purchases of equipment where the purchase price exceeds Two Hundred and Fifty ($250.00) dollars, the purchase shall be made on a competitive bid basis. The Commissioner shall make all purchases for Franklin County, however said Commissioner, with the approval of the Advisory Board, shall not be required to accept the lowest bid on said equipment if said equipment does not meet the stand ards and requirements set by said Commissioner and Advisory Board. The Commissioner shall not employ in any capacity, or make purchases from or sales to any member of his immediate family or persons related by consanguinity or affinity to the Commissioner within the fourth degree, as computed according to civil law."
1052
JOURNAL OP THE HOUSE,
Senator Ayers of the 31st moves to amend HB 198 by striking from the last sentence in Section 11 the words "only" and "except" and make the last sentence read as follows: "The Advisory Board shall serve in advisory capacity and to determine the salary of the Commissioner. It shall be their duty also to approve all accounts, warrants and vouchers which may be necessary for the payment of all purchases and to au thorize the Commissioner to issue a check for their payment."
Mr. Fain of Franklin 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 198 were agreed to.
Under the regular order of business, the following Bills and Resolutions of the House were taken up for consideration and read the third time:
HR 198-531m. By Mr. Todd of Glascock:
A Resolution compensating Mr. Charlie B. Swint for damages, and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 103, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 197-5311. A Resolution compensating Mrs. Ann H. Meyer for damages, and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 103, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 29-96b. By Messrs. Alien and Fordham of Bulloch:
A Resolution compensating Dr. John Mooney for damages, and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 103, nays 0.
MONDAY, FEBKUARY 13, 1956
1053
The Resolution, having received the requisite constitutional majority, was adopted.
HR 56-163e. By Messrs. Gunter and Williams of Hall: A Resolution compensating Ralph Cleveland, 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 103-300d. By Messrs. Hayes and Tanner of Coffee:
A Resolution compensating Daniel H. Walker for damages, and for other purposes.
The report of the committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 103, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 110-319a; By Mr. Ivey of Newton:
A Resolution compensating Walker Harris for damages, and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 103, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 112-319c. By Messrs. Tanner and Hayes of Coffee:
A Resolution compensating W. S. Mooneyham for damages, and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 103, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
1054
JOURNAL OF THE HOUSE,
HE 125-348c. By Mr. Murphy of Haralson:
A Resolution compensating Mr. Preston Morris for damages, and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 103, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 128-348f. By Mr. Eyler of Chatham:
A Resolution compensating the Quante Plumbing and Heating Company for damages, and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 103, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 150-428d. By Mr. Matthews of Clarke:
A Resolution compensating the B & B Company for damages, and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 103, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 157-454d. By Messrs. Lindsey and Bolton of Spalding:
A Resolution compensating Nolin B. Randolph for damages, and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 103, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
MONDAY, FEBRUARY 13, 1956
1055
HR 158-454e. By Mr. Love of Catoosa:
A Resolution compensating T. W. Christian for damages, and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 103, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 165-477b. By Mr. Harrison of Wayne:
A Resolution compensating C. B. 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 103, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 113-319d. By Mr. Wheeler of Seminole: A Resolution compensating Roy Hill for injuries, and for other purposes.
The unfavorable report of the Committee had been previously disagreed 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 Bagby Barker Baughman Birdsong Bloodworth Bolton Brannen Campbell Cason Cates Chambers Chastain Cheatham Cheek Cocke
Coker of Cherokee
Coker of Walker Cotton Cowart Coxwell Dean of Rockdale Deen of Bacon Denson Drinkard Duke English Eyler Floyd Flynt Fordham Fowler of Douglas Freeman
Frier
Greene of Crisp Groover Gross of Stephens Gross of Dade Hardaway Hawkins Hogan Huddleston Hudson Hurst Ivey Jessup Johnson of Gilmer Kennedy of Turner Kennedy of Tattnall Key
Killian
1056
JOURNAL OF THE HOUSE,
King of Pike Larkins Lindsey Lokey Long Lowe Martin Mashburn Matheson of Hart Matthews Mauldin McCracken McGarity McKenna Mincy Mobley Moorman Murphey of Crawford
Murphy of Haralson Murr Musgrove Nilan Palmer Parker Peacock Perkins Peters Phillips of Columbia Phillips of Walton Potts Ramsey Raulerson Reed Register Rodgers Ruark
Russell Sivell Smith of Evans Sognier Souter Stephens of Clarke Stewart Strickland Tarpley Twitty Underwood of Bartow Upshaw Veal Watson Weems Wheeler Willingham Wilson of Towns
Those voting in the negative were Messrs.:
Barber of Colquitt Black Gilleland Green of Rabun Grimsley Gunter
Henderson Johnson of Jenkins Lam Mallory Moore Nightingale
Underwood of Montgomery
Williams Wilson of Peach Young
On the adoption of the Resolution, the ayes were 105, nays 16.
The Resolution, having received the requisite constitutional majority, was adopted.
The Resolution was ordered immediately transmitted to the Senate.
HB 431. By Mr. Ivey of Newton:
A Bill to be entitled an Act to amend an Act creating the position of Associate Public Service Commissioners, and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
MONDAY, FEBRUARY 13, 1956
1057
Those voting in the affirmative were Messrs.:
Barber of Jackson Birdsong Bloodworth Brannen Campbell Cocke Coker of Cherokee Coker of Walker Coxwell Denson English Fowler of Douglas
Gross of Stephens Hudson Hurst Ivey Jessup Key Lokey Lowe Matthews Moorman Murphy of Haralson Perkins
Register Rodgers Russell Souter Stephens Strickland Tamplin Tarpley Todd Truelove Watson
Those voting in the negative were Messrs.:
Ayers Bagby Barber of Colquitt Barker Baughman Bodenhamer Bolton Caldwell Cason Gates Chambers Chastain Cheek Cloud Cotton Cowart Deen of Bacon Drinkard Duke Fain Floyd Fordham Fowler of Tift Freeman Frier Garrard Gilleland Green of Rabun
Grimsley Groover Gross of Dade Gunter Hardaway Henderson Hendrix Hogan Huddleston Jackson Johnson of Gilmer Kelley King of Pike Lam Larkins Lindsey Long Mackay Mallory Matheson of Hart Mauldin McCracken McKenna Mincy Mobley Moore Murr Palmer
Parker Peters Phillips of Columbia Phillips of Walton Potts Raulerson Reed Roughton Ruark Sheffield Sivell Smith of Evans Sognier Stewart Turk Twitty Underwood of Bartow Underwood of
Montgomery Upshaw Veal Weems Williams Willingham Wilson Young
On the passage of the Bill, the ayes were 35, nays 81.
The Bill, having failed to receive the requisite constitutional majority, was lost.
HB 561. By Messrs. Duke and Massee of Baldwin:
A Bill to be entitled an Act to amend an Act creating a system of juvenile courts in this State; and for other purposes.
1058
JOURNAL OP THE HOUSE,
Mr. Duke of Baldwin moved that further consideration of HB 561 be post poned until Tuesday, February 14, immediately following the expiration of the period of unanimous consents, and the motion prevailed.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 318. 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.
The following Senate amendment was read:
Senator Harper of the 26th moves to amend HB 318, as follows:
By striking from the first paragraph of Section 2 the words: "as certified by the Board of Registrars of Spalding County",
and inserting in lieu thereof the words:
"it being mandatory that the Board of Registrars of Spalding Coun ty furnish to the Ordinary a certified list of the legally qualified voters who reside within the proposed territory to be annexed at least 10 days prior to the date of such election".
Mr. Bolton of Spalding moved that the House agree to the Senate amend ment to HB 318.
On the motion to agree, the ayes were 103, nays 0.
The Senate amendment was agreed to.
Under the regular order of business, the following Bill and Resolutions of the House were taken up for consideration and read the third time:
HB 393. By Messrs. Groover of Bibb, Floyd of Chattooga, Campbell of Walker, Coker of Walker, and Sheffield of Brooks:
A Bill to be entitled an Act to amend an Act entitled "Public Safety Department Act"; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 106, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
MONDAY, FEBRUARY 13, 1956
1059
HR 209-587e. By Messrs. Cheatham, Eyler and Sognier of Chatham:
A Resolution authorizing and directing the Governor to execute a lease in behalf of the State of Georgia of certain property conveyed to the State by Chatham County; and for other purposes.
The previous question was ordered.
The main question was ordered.
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.
The Resolution was ordered immediately transmitted to the Senate. HR 206-587b. By Mr. Murphey of Crawford:
A Resolution to designate a bridge which crosses the flint River be tween Crawford and Taylor Counties, as the Colonel Benjamin Hawkins Bridge; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Ayers Barber of Jackson Barker Baughman Birdsong Black Blackburn Blalock Bloodworth Bodenhamer Bolton Brannen Campbell Carlisle
Cason Gates Chambers Chastain Cheatham Cheek Cloud Coker of Cherokee Coker of Walker Cotton Cowart Coxwell Dean of Rockdale Deen of Bacon Denson Dozier
Drinkard Duke English Eyler Fain Floyd Fordham Foster Fowler of Douglas Fowler of Tift Freeman Frier Garrard Gilleland Gillis Green of Rabun
1060
JOURNAL OF THE HOUSE,
Greene of Crisp Grimsley Groover Gross of Stephens Gunter Hall Hardaway Harrell Harrison of Jeff Davis Hawkins Henderson Hogan Ivey Jackson Jessup Johnson of Gilmer Kelley Kennedy of Turner Key King of Pike Larkins Lindsey Lokey Long Lowe Mackay
Mallory Mashburn Matheson of Hart Matthews McCracken McKenna McWhorter Mobley Moore Moorman Murphey of Crawford Murphy of Haralson Musgrove Nightingale Nilan Palmer Peacock Peters Phillips of Walton Potts Ramsey Reed Register Rodgers Roughton Rowland
Russell Sanders Scoggin Sivell Hoke Smith of Fulton M. M. Smith of Fulton Sognier Souter Stephens of Clarke Stewart Strickland Tamplin Tanner Tarpley Todd Twitty Underwood of Bartow Underwood of
Montgomery Upshaw Watson Weems Wheeler Willingham Wilson of Towns Wilson of Peach
On the adoption of the Resolution, the ayes were 125, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
The following Resolutions were read and adopted:
HR 231. By Messrs. Moate of Hancock, and Groover of Bibb:
A Resolution commending Honorable Carl Vinson; and for other pur poses.
HR 232. By Mr. Murr of Sumter:
A Resolution expressing appreciation to Mrs. Sara Martin and Miss Gwendolyn Brown; and for other purposes.
HR 233. By Mr. Murr of Sumter:
A Resolution expressing appreciation to Attorney General Eugene Cook and the Bill Drafting Unit; and for other purposes.
Mr. Jessup of Bleckley moved that the House do now adjourn until 10:00 o'clock tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock tomorrow morning.
TUESDAY, FEBRUARY 14, 1956
1061
Representative Hall, Atlanta, Georgia. Tuesday, February 14, 1956.
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 Alien Ayers Bagby
Barber of Colquitt Barber of Jackson Barker Baughman Bentley Birdsong Black Blackburn Blalock Bloodworth Bodenhamer Bolton Brannen Brown Caldwell Callier Campbell Carlisle Cason Gates Chambers Chastain Cheatham Cheek Clary Cocke Coker of Cherokee Coker of Walker Cornelius Cotton Cowart Coxwell Deal Dean of Rockdale Deen of Bacon Denmark Denson Dozier Duke Edenfield
Elder English Eyler Fain Floyd Fordham Foster Fowler of Douglas Freeman Frier Garrard Gilleland Gillis Green of Rabun Greene of Crisp Grimsley Groover Gross of Stephens Gross of Dade Gunter Hall Hardaway Harrison of Jeff Davis Harrison of Wayne Hawkins Hayes Henderson Hendrix Hodges Hogan Holley 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 Killingsworth King of Chattahoochee King of Pike Kitchens Land Larkins Lavender Lindsey Lokey Long Love Lowe Mackay Mallory Martin Mashburn Massee Matheson of Hart Matthews Mauldin McGarity McKelvey McKenna Mincy Mobley Moore Moorman Mull Murphey of Crawford Murphy of Haralson Murr Musgrove
Nilan Odom Palmer Parker Peacock Pelham Perkins Peters Pettey
1062
JOURNAL OF THE HOUSE,
Phillips of Columbia Phillips of Walton Pickard Potts Ramsey Raulerson Ray Reed Roughton Rowland Sanders Short Sivell Smith of Evans Smith of Emanuel
Sognier Souter Stephens of Clarke Stevens of Marion Stewart Strickland Stripling Tamplin Tarpley
Truelove Turk Twitty Underwood of Barton Underwood of
Montgomery
Upshaw Veal Watson Weems Wheeler Williams Willingham Willis Wilson of Towns Wilson of Peach Wooten Wright Young Mr. Speaker
(Moate)
Those not answering the roll call were Messrs.:
Cloud Drinkard Flynt Fowler of Tift Harrell Houston Huddleston Hudson Kilgore King of Whitfield
Lam Lanier Mathis of Lowndes McCracken McWhorter Nightingale Register Rodgers Ruark Russell
Rutland Scoggin Sheffield Singer Hoke Smith of Fulton M. M. Smith of Fulton Tanner Terrell Todd
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.
Mr. Groover of Bibb asked unanimous consent that the following be estab lished 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 on the General Calendar in any order he deems advisable.
TUESDAY, FEBRUARY 14, 1956
1063
Mr. Hawkins of Screven objected to Item 7 of the request and this item was stricken.
The unanimous consent request for Items 1 to 6 was granted.
Mr. Odom of Camden arose to a Point of Personal Privilege and addressed the House.
By unanimous consent, the following Bills of the Senate were withdrawn from the committee on State of Republic, read the second time and recommitted:
SB 139. By Senator Overby of the 33rd:
A Bill to be entitled an Act to define debt adjusting, to describe the persons and organizations which shall be considered as engaged in the business of debt adjusting; and for other purposes.
SB 151. By Senator Brooks of the 50th, Harden of the 27th, Ponsell of the 5th, and many others:
A Bill to be entitled an Act to amend an Act relating to common carriers of passengers, so as to provide that any female passenger shall be entitled to the entire seat occupied by her where she requests same; and for other purposes.
SB 153. By Senators Brooks of the 50th, Harden of the 27th, Coffin of the llth, and many others:
A Bill to be entitled an Act to amend an Act to provide revenue and a source of revenue for the purpose of paying annuities and benefits to the peace officers of the State of Georgia; and for other purposes.
SB 152. By Senators Brooks of the 50th, Jones of the 38th, Morrison of the 15th, and others:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety and defining its duties and powers; and for other purposes.
By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on State of Republic and recommitted to the Committee on Motor Vehicles:
SB 151. By Senators Brooks of the 50th, Harden of the 27th, Ponsell of the 5th, and many others:
A Bill to be entitled an Act to amend an Act relating to common carriers of passengers, so as to provide that any female passenger shall be entitled to the entire seat occupied by her where she requests same; and for other purposes.
By unanimous consent, the following Bills of the Senate were withdrawn from the Committee on Municipal Government, read the second time and recom
mitted :
1064
JOURNAL OF THE HOUSE,
SB 92. 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; and for other purposes.
SB 137. 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; and for other purposes.
By unanimous consent, the following Bills of the Senate were withdrawn from the Committee on General Judiciary #1, read the second time and recom mitted :
SB 111. By Senators Hollis of the 24th, Page of the 1st, Davis of the 42nd:
A Bill to be entitled an Act to amend an Act relating to guardians and wards; and for other purposes.
SB 112. By Senators Hollis of the 24th, Page of the 1st, and Davis of the 42nd:
A Bill to be entitled an Act to amend an Act relating to sales and conveyances by administrators; and for other purposes.
SB 113. By Senators Hollis of the 24th, Page of the 1st, and Davis of the 42nd:
A Bill to be entitled an Act to amend an Act relating to wills and administration of estates; and for other purposes.
SB 114. By Senators Hollis of the 24th, Page of the 1st, and Davis of the 42nd:
A Bill to be entitled an Act to amend an Act relating to the Court of Ordinary and proceeding thereunder so as to provide that the Ordinary shall be empowered to issue fi. fas. at any time after the costs become due; and for other purposes.
SB 115. By Senators Hollis of the 24th, Page of the 1st, and Davis of the 42nd:
A Bill to be entitled an Act to provide for an adjudication of laws of descent and distribution of this State; and for other purposes.
SB 116. By Senators Hollis of the 24th, Page of the 1st, and Davis of the 42nd:
A Bill to be entitled an Act to amend an Act relating to the appointment, bond and dismissal of a testamentary guardian, so as to provide that the Ordinary may require bond and security of guardians appointed by the parents for the child; and for other purposes.
SB 117. By Senators Hollis of the 24th, Page of the 1st, and Davis of the 42nd:
A Bill to be entitled an Act to amend an Act relating to the notice to creditors to render accounts, so as to provide the advertisement re quired; 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:
TUESDAY, FEBRUARY 14, 1956
1065
SB 88. By Senators Davis of the 42nd, Hollis of the 24th, and Overby of the 33rd:
A Bill to be entitled an Act to amend an Act to provide for hearings regarding disagreements in connection with Workmen's Compensation; and for other purposes.
By unanimous consent, the following Resolution of the House was withdrawn from the Committee on Amendments to Constitution #1, read the second time and recommitted:
HR 212-608b. By Messrs. Moate of Hancock, Groover of Bibb, Scoggin of Ployd, and Floyd of Chattooga:
A Resolution proposing an amendment to the Constitution relating to the authority of the General Assembly to levy or authorize taxes and to make or authorize appropriations or expenditures of State or local funds; and for other purposes.
By unanimous consent the following Bill of the Senate were recommitted to the Committee on General Judiciary #2.
SB 17. By Senator McDonald of the 43rd:
A Bill to be entitled an Act to amend an Act providing for fees of Clerks of the Superior Courts; 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 239. By Messrs. Stripling of Coweta, Willingham of Cobb, Groover of Bibb:
A Bill to be entitled an Act to authorize the Attorney General in his discretion, to order any Solicitor General to advise, counsel or represent certain officials and employees if charged, accused or indicted relative to the alleged violation of any federal statute or investigated or ques tioned in any manner relative to certain matters; 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:
HB 73. By Messrs. Sognier, Cheatham and Eyler of Chatham:
A Bill to be entitled an Act to add one additional judge of the Superior Court for the Eastern Judicial Circuit of Georgia; and for other pur poses.
HB 86. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A Bill to be entitled an Act to add two additional judges of the Superior Court for the Atlanta Judicial Circuit; and for other purposes.
1066
JOURNAL OF THE HOUSE,
HB 379. By Messrs. Blalock and Foster of Clayton:
A Bill to be entitled an Act to create a new judicial circuit for the State of Georgia, to be known as the Clayton Judicial Circuit; and for other purposes.
HB 381. By Messrs. Watson and Denson of Dougherty:
A Bill to be entitled an Act to amend an Act to provide for fire pro tection districts in Dougherty County; and for other purposes.
HB 385. By Mr. 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.
HB 391. By Mr. Jones of Lumpkin:
A Bill to be entitled an Act to provide for the terms of court of the Superior Court of Lumpkin County; and for other purposes.
HB 419. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A Bill to be entitled an Act to fix the salary of the Sheriff of Fulton County; to make the effective date of this Act January 1, 1957, and for other purposes.
HB 421. 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 fix the compensation of Commissioners of Roads and Revenues in certain counties; and for other purposes.
HB 427. By Messrs. Sanders, Chambers and Holley of Richmond:
A Bill to be entitled an Act to provide for the appointment of a special trial assistant in the office of the Solicitor-General in counties having a population of not less than 75,000 and not more than 112,500; and for other purposes.
HB 429. By Mr. Harrison of Wayne:
A Bill to be entitled an Act to ratify the action of the Mayor and Council of the City of Jesup; and for other purposes.
HR 22. By Mr. Bentley of Cobb:
Proposing an amendment to the Constitution so as to provide for the paving of streets and sidewalks in Cobb County, and to authorize the cost thereof to be assessed against the abutting property; and for other purposes.
HR 37. By Mr. Harrison of Wayne:
Expressing the opposition of the General Assembly of Georgia to the passage of the "Federal Aid for Education Bill", and for other purposes.
TUESDAY, FEBRUARY 14, 1956
1067
HR 102. By Mr. McCracken of Jefferson:
To reimburse W. E. Sheppard for damage to his car caused by the Georgia Highway Dept., and for other purposes.
HR 142. By Messrs. Foster and Blalock of Clayton:
Authorizing the State Librarian to furnish to the Superior Court of Clayton County certain law books, and for other purposes.
HR 217. By Messrs. Foster of Clayton, M. Smith of Fulton and others:
Relative to the retention of the Automotive Training School at the Atlanta General Depot, and for other purposes.
HR 218. By Messrs. Moate of Hancock, Groover of Bibb and others: Expressing thanks to the Hon. Mose Edenfield, and for other purposes.
HR 220. By Messrs. Sheffield of Brooks, Harrison of Wayne and others:
Endorsing the Southern Forest Fire Prevention Conference and urging the participation and attendance thereon by public officials and other persons, and for other purposes.
HR 222. By Meyssrs. Bodenhamer of Tift, Groover of Bibb and others:
To urge the Georgia Congressional Delegation to oppose the passage of "H. R. 7535", and for other purposes.
HR 223. Messrs. Barber of Jackson and Stephens and Matthews of Clarke:
Expressing appreciation to the Institute of Law and Government of the University of Georgia Law School, and for other purposes.
HR 185. By Messrs. Moate of,Hancock, Groover of Bibb and others:
To declare the Supreme Court decisions of May 17, 1954 and May 81, 1955 in the school segregation cases and all similar decisions by the Supreme Court null, void and of no effect, and for other purposes.
SR 44. By Senators McDonald of the 43rd, Brooks of the 50th, Dean of the 40th and Steis of the 25th:
A Resolution to provide for the appointment of a Commission composed of five members to study the problems of consumer financing of per sonal property in this State and to make recommendations; to authorize commission to subpoena witnesses and records; to authorize commission to employ personnel to assist it in the performance of its duties and to expend funds for necessary material; to provide compensation for mem bers of the commission; to provide date committee must make report and the repeal date of this Resolution; and for other purposes.
The Senate has passed by substitute the requisite constitutional majority the following Bill of the House to wit:
1068
JOURNAL OF THE HOUSE,
HB 65. By Messrs. Scoggin, Wright and Hall of Ployd:
A Bill to be entitled an Act to amend an Act creating the State Board of Pardons and Paroles so as to create an advisory staff as a division thereof; and for other purposes.
The Senate has passed as amended by the requisitional majority the following Bill of the House to wit:
HB 420. 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 retire ment 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.
The Senate has passed by the requisite constitutional majority the following Bills of the Senate to wit:
SB 161. By Senator Page of the 1st:
A Bill to be entitled an Act to amend Section 84-710 of the Code, relating to the licensing of certain dentists of other States without examination; and for other purposes.
SB 164. By Senator Turner of the 34th: A Bill to be entitled an Act to be known as "General Cemetery Act."
SB 159. 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 all counties having all or the greater part of population of 300,000 or more; so as to provide for a public record of assessments on real estate; to provide for a review of that assessment; to provide for the assessment of delinquent taxpayers; to provide for a remedy by equity; to repeal conflicting laws; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Resolutions of the Senate to wit:
SR 48. By Senators Harden of the 27th, Davis of the 42nd, Dykes of the 14th and Coffin of the llth:
A Resolution relative to the preservation of certain Historic property; 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:
TUESDAY, FEBRUARY 14, 1956
1069
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 621. Do Pass. HB 619. Do Pass. HB 617. Do Pass. SB 138. Do Pass. SB 149. Do Pass. SB 144. 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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 625. Do Pass.
SB 105. Do Pass.
SB 150. 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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 118. Do Pass.
SB 77. Do Pass.
SB 140. Do Pass, as amended. Respectfully submitted,
Short of Colquitt,
Chairman.
1070
JOURNAL OP THE HOUSE,
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 624. Do Pass.
HB 605. Do Pass.
SB 160. Do Pass.
Respectfully submitted,
Mauldin of Gordon,
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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendation:
SB 158. Do Pass.
Respectfully submitted,
McGarity of Henry,
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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendation:
SB 136. Do Pass, as amended, by the Committee.
Respectfully submitted,
Jackson of Jones,
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
TUESDAY, FEBRUARY 14, 1956
1071
following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 595. Do Pass. HB 547. Do Pass.
Respectfully submitted, Scoggin of Ployd, 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 40. Do Not Pass.
Respectfully submitted,
Rowland of Johnson,
Chairman.
Mr. Smith of Fulton County, Chairman of the Committee on Manufacturers, submitted the following report:
Mr. Speaker:
Your Committee on Manufacturers 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 345. Do Pass, as amended.
Respectfully submitted,
M. Smith of Fulton,
Chairman.
Mr. Young of Muscogee County, Vice-Chairman of the Committee on Munici pal Government, submitted the following report:
Mr. Speaker:
Your Committee on Municipal Government has had under consideration the following Bill of the House and has instructed me as Vice-Chairman, to report the same back to the House with the following recommendations:
HB 590. Do Pass.
Respectfully submitted,
Young of Muscogee,
Vice-Chairman.
1072
JOURNAL OP THE HOUSE,
Mr. Hoke Smith of Fulton County, Chairman of the Committee on Municipal Government, submitted the following report:
Mr. Speaker:
Your Committee on Municipal Government has had under consideration the following Bills of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 123. Do Pass. SB 124. Do Pass. SB 142. Do Pass. SB 141. Do Pass. HB 615. Do Pass. HB 616. Do Pass. HB 618. Do Pass. HB 622. Do Pass. HB 614. Do Pass. HB 357. Do Pass, as amended.
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 has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 211-608a. Do Pass.
HR 207-587c. Do Pass.
Respectfully submitted,
Ramsey of Effingham,
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 follow ing Resolutions of the House and has instructed me as Chairman, to report the
TUESDAY, FEBRUARY 14, 1956
1073
same back to the House with the following recommendations: HR 227-621b. Do Pass. HR 230-621e. Do Pass. Respectfully submitted, Callier of Talbot, Chairman.
Mr. Pickard of Muscogee County, Chairman of the Committee on Public Utilities, submitted the following report:
Mr. Speaker:
Your Committee on Public Utilities has had under consideration the following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 543. Do Pass.
Respectfully submitted,
Pickard of Muscogee,
Chairman.
Mr. Barber of Colquitt County, Chairman of the Committee on Special Ap propriations, submitted the following report:
Mr. Speaker: Your Committee on Special Appropriations has had under consideration the
following Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 196-531k. Do Pass. HR 169-477f. Do Pass, as amended.
HR 203-561b. Do Pass. HR 39-109a. Do Pass, as amended.
Respectfully submitted, Barber of Colquitt, Chairman.
Mr. Barber of Colquitt County, Chairman of the Committee on Special Appropriations, submitted the following report:
Mr. Speaker:
Your Committee on Special Appropriations has had under consideration the following Resolution of the House and has instructed me as Chairman, to report
1074
JOURNAL OP THE HOUSE,
the same back to the House with the following recommendation: HE 195-531J. Do Pass. 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 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 542. Do Pass.
HB 586. Do Pass.
Respectfully submitted,
Hawkins of Screven,
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 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 84. Do Pass, by substitute.
SB 129. Do Pass.
Respectfully submitted,
Hawkins of Screven,
Chairman.
Mr. Sheffield of Brooks County, Vice-Chairman of the Committee on State of Republic, submitted the following report:
Mr. Speaker:
Your Committee on State of Republic has had under consideration the fol lowing Bills and Resolutions of the House and Senate and has instructed me as Vice-Chairman, to report the same back to the House with the following recom mendations:
HR 191-531f. Do Pass.
HB 574. Do Not Pass.
HB 623. Do Pass.
TUESDAY, FEBRUARY 14, 1956
1075
SB 71. Do Pass. HR 215-608e. Do Pass. SB 49. Do Pass. HR 34. Do Pass, as amended. SB 156. Do Pass. SB 36. Do Pass. SB 90. Do Pass.
Respectfully submitted, Sheffield of Brooks, Vice-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 Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 601. 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 345. By Messrs. Barber of Jackson and Deen of Bacon:
A Bill to be entitled an Act to provide for the Safety of Life, Limb and Property, and to Create a Board of Boiler Rules to serve without salary and to formulate and Promulgate Rules and Regulations for the safe construction, installation, inspection and repair of Boilers; and for other purposes.
HB 542. By Messrs. Roughton of Washington, Smith of Emanuel, McCracken
of Jefferson, Strickland of Toombs, and Lanier of Candler: A Bill to be entitled an Act to amend an Act creating the office of Superior Court Reporter Emeritus, and for other purposes.
HB 543. By Messrs. Murr of Sumter, Cornelius of Polk, Mincy of Ware, Bagby of Paulding, Chambers of Richmond and others:
A Bill to be entitled an Act to amend an Act which defines the juris diction of the Public Service Commission, so as to provide that the Public Service Commission shall have jurisdiction and authority to pre-
1076
JOURNAL OF THE HOUSE,
scribe promulgate and enforce reasonable rules and regulations relating to the employees, health and welfare of railroad employees, and for other purposes.
HB 590. By Mr. Kilgore of Gwinnett:
A Bill to be entitled an Act to amend an Act creating the City Court of Buford, and for other purposes.
HB 595. By Mr. Groover of Bibb:
A Bill to be entitled an Act to repeal an Act relating to the offense of common barratry, so as to provide that any person, firm or corporation who shall incite litigation or quarrels or conflicts, or who shall solicit funds for the purpose of instituting any law suit, shall be guilty of barratry; and for other purposes.
HB 601. By Messrs. Groover of Bibb and Blalock of Clayton:
A Bill to be entitled an Act to define criminal acts and to impose civil and criminal penalties with respect to the unauthorized possession, use, custody, control, exchange, transportation, or concealment of any un authorized, false, counterfeit, forged or altered revenue stamp or mark ing, prima facie evidencing the payment of any tax imposed by the revenue laws of Georgia, and for other purposes.
HB 614. 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 615. 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 616. By Messrs. Lokey, M. Smith and H. Smith of Fulton:
A Bill to be entitle an Act to amend an Act entitled An Act to incorpo rate the City of Hapeville, so as to provide for the expense of paving of streets and the placing of sewerage and water within the City of Hapeville, and for other purposes.
HB 617. By Messrs. McWhorter, Mackay and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act creating the Civil Court of DeKalb County, by increasing the jurisdiction of such Court in civil cases; and for other purposes.
HB 618. By Messrs. Foster and Blalock of Clayton:
A Bill to be entitled an Act to amend an Act incorporating the City of Lake City, in the County of Clayton, and for other purposes.
TUESDAY, FEBRUARY 14, 1956
1077
HB 619. By Mr. Coker of Cherokee:
A Bill to be entitled an Act to repeal an Act entitled An Act to place the Clerk of the Superior Court, the Ordinary, the Tax Commissioner, and the Sheriff of Cherokee County on a salary basis in lieu of a fee basis; and for other purposes.
HB 621. By Mr. Souter of Macon:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenue for the County of Macon, and for other purposes.
HB 623. By Messrs. Groover and McKenna of Bibb:
A Bill to be entitled an Act to amend an Act which act 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 declara tion of policy; and for other purposes.
HB 622. By Messrs. McKenna and Groover of Bibb:
A Bill to be entitled an Act to amend an Act to re-enact the charter of the City of Macon, and for other purposes.
HB 624. By Messrs. Lanier of Chandler and Smith of Evans:
A Bill to be entitled an Act to amend an Act regulating the feeding of garbage to livestock, and for other purposes.
HB 625. By Mr. McGarity of Henry:
A Bill to be entitled an Act to amend an Act to provide for the regula tion of the installation of warm air heating equipment in certain counties, and for other purposes.
HR 34. By Mr. Lindsey of Spalding: A Resolution to create an Agricultural Research Committee; and for other purposes.
HR 39-109a. By Messrs. Carlisle of Bibb and Bloodworth of Habersham: A Resolution authorizing payment to Fountain's Dry Cleaners and Laundry, Inc., for damages to truck, and for other purposes.
HR 169-477f. By Mr. Bloodworth of Houston:
A Resolution to compensate the widow of Henry C. Hill, and for other purposes.
HR 195-531 j. By Mr. Cason of Pierce:
A Resolution to compensate Mrs. Ivan T. Harris for damages, and for other purposes.
1078
JOURNAL OF THE HOUSE,
HR 196-531k. By Mr. Rowland of Johnson:
A Resolution to compensate Guerdon F. Ackerman of the U. S. Navy for property damage to his house trailer occasioned by the negligence of a truck owned and operated by the Highway Department of the State, and for other purposes.
HR 203-561b. By Mr. Groover of Bibb: A Resolution to compensate Mr. Emil Kalock, and for other purposes.
HR 207-587c. By Mr. Mashburn of Forsyth:
A Resolution authorizing the State Librarian to furnish to the Superior Court of Forsyth County, without cost to said county, certain law books; and for other purposes.
HR 211-608a. By Mr. Denmark of Liberty:
A Resolution authorizing and directing the State Librarian to furnish to the Judge of the City Court of Hinesville certain law books, and for other purposes.
HR 227-621b. By Messrs. Mauldin of Gordon and Scoggin of Floyd:
A Resolution to authorize the Governor of Georgia to declare the present National Guard Armory and Warehouse located in Calhoun, Gordon County, Georgia, obsolete and abandoned by the National Guard of Georgia upon completion of the new National Guard Armory Building in Calhoun, and for other purposes.
HR 230-621e. By Messrs. Scoggin of Floyd and Mauldin of Gordon:
A Resolution to authorize the Governor on behalf of the State of Georgia to reconvey to the City of Calhoun, Gordon County, a tract of land formerly conveyed to the State by said City, and for other purposes.
SB 136. By Senator Parker of the 20th:
A Bill to be entitled an Act providing a method by which employees of certain hospitals and institutions may obtain goods and services, and for other purposes.
SB 138. By Senator Lovett of the 16th:
A Bill to be entitled an Act to provide that the Ordinary of Laurens County shall have a supplemental salary in addition to the fees and other compensation to which he is now entitled, and for other purposes.
SB 141. 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.
TUESDAY, FEBRUARY 14, 1956
1079
SB 142. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act to provide that cities having a population of more than 150,000 by the U. S. census of 1920 or any subsequent census shall furnish pensions to all county officers and employees of such cities who have served twenty five years; and for other purposes.
SB 144. 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, ratified by general election in Nov. 1952 by amending and revising that certain act known as the "Savannah District Authority Act", and for other purposes.
SB 149. By Senator Harrison of the 17th:
A Bill to be entitled an Act to amend an Act to create the office of Tax Commissioner of Jenkins County, and for other purposes.
SB 150. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act providing a complete and comprehensive vital statistics law for Georgia in counties having a population of 300,000 or more, and for other purposes.
SB 156. By Senator Overby of the 33rd:
A Bill to be entitled an Act to authorize all eligible officials and em ployees of the State Office Building Authority to become members of the Employees' Retirement System of Georgia; and for other purposes.
SB 158. By Senator Richardson of the 13th:
A Bill to be entitled an Act to provide for the licensing and bonding of dealers in agricultural products; and for other purposes.
SB 160. By Senator Parker of the 20th and Dean of the 40th:
A Bill to be entitled an Act to provide that loads of pulpwood shall be chained or cabled with not less than two chains or cables; and for other purposes.
SB 36. By Senator Parker of the 20th:
A Bill to be entitled an Act to amend an Act establishing the State Em ployees' Retirement System, so as to change the number of years of creditable service relative to eligibility for retirement from 35 to 30; and for other purposes.
SB 71. By Senators Millican of the 52nd, Hollis of the 24th and Lovett of the 16th:
A Bill to be entitled an Act to require all fees paid to departments or agencies of the State of Georgia, except those paid to the common Schools or to the institutions of the University System, to be paid into the State Treasury, and for other purposes.
1080
JOURNAL OF THE HOUSE,
SB 77. By Senator Overby of the 33rd:
A Bill to be entitled an Act to amend an Act relating to the regulation of the installation of warm air heating equipment; and for other pur poses.
SB 90. By Senator McDonald of the 43rd:
A Bill to be entitled an Act to authorize the clerk of the Superior Court or the Ordinary of any county of the State to install and use photostatic equipment or other photographic equipment in copying, and for other purposes.
SB 105. By Senator Ponsell of the 5th:
A Bill to be entitled an Act to amend an Act relating to the regulation of the installation of warm air heating equipment in certain counties, and for other purposes.
SB 123. By Senator Millican of the 52nd :
A Bill to be entitled an Act to amend an Act establishing the Criminal Court of Atlanta so as to require the Solicitor General of said Court to maintain a docket on which he shall enter all commitments made to said court from any magistrate, justice, recorders, municipal or civil court, and for other purposes.
SB 124. By Senators Millican of the 52nd and Turner of the 34th:
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 129. By Senators Harden of the 27th, Overby of the 33rd and Turner of the 34th:
A Bill to be entitled an Act to provide that the official court reporter of the Piedmont Judicial Circuit shall be compensated, on a salary basis in lieu of all fees; 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 565. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to amend an Act incorporating the City of Adrian; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 103, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
TUESDAY, FEBRUARY 14, 1956
1081
HB 578. By Messrs. Mackay, McWhorter, and Rutland of DeKalb:
A Bill to be entitled an Act to authorize the establishment of a merit system of DeKalb County for employees of DeKalb County; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 104, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 589. By Messrs. Perkins and Duncan of Carroll:
A Bill to be entitled an Act to amend an Act creating the office of 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 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 591. By Messrs. Willis and Chastain of Thomas:
A Bill to be entitled an Act to place the Clerk, Ordinary and Sheriff of Thomas County on a salary basis in lieu of a fee basis; and for other purposes.
The following amendment was read and adopted:
Chastain of Thomas, moves to amend HB 591 as follows: By striking from Section 10 the words "said employees" so that
Section 10 as so amended shall read:
"Section 10. Said sheriff shall be authorized to employ to serve at the pleasure of said sheriff and to perform such duties as may be assigned by him, such deputies, clerical assistance and a jailer as may be necessary to aid him in the performance of his duties, the number of said employees and their salaries to be first approved by the Board of Commissioners of Roads and Revenues of Thomas County, as may be required from time to time."
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.
1082
JOURNAL OF THE HOUSE,
HB 592. By Mr. Truelove of White:
A Bill to be entitled an Act to provide for the compensation of Tax Commissioner of certain counties; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 107, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 694. By Messrs. Willis and Chastain of Thomas:
A Bill to be entitled an Act to create the office of Tax Commissioner of Thomas County; and for other purposes.
The report 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 597. By Mr. Todd of Glascock:
A Bill to be entitled an Act to establish a method of paying traveling expenses incurred by the Sheriff of Glascock County; and for other purposes.
The report 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 598. By Mr. Love of Catoosa:
A Bill to be entitled an Act to amend an Act to create and establish a new charter for the City of Ringgold; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 599. By Mr. Love of Catoosa: A Bill to be entitled an Act to create a Board of Utilities Commissioners for Catoosa County; and for other purposes.
TUESDAY, FEBRUARY 14, 1956
1083
The report 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 600. By Messrs. Coker and Campbell of Walker:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Linwood; and for other purposes.
The report 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 602. By Mr. Dean of Rockdale: A Bill to be entitled an Act to change the corporate limits 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 113, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 604. By Mr. Gross of Stephens: A Bill to be entitled an Act to amend an Act entitled an Act to provide for holding four terms a year of the Superior Court of Stephens County; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 612. By Messrs. Carlisle, Groover 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.
The report of the committee, which was favorable to the passage of the Bill, was agreed to.
1084
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 611. 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.
The report 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 613. By Messrs. Carlisle, Groover and McKenna of Bibb:
A Bill to be entitled an Act to vest title in the City of Macon, and authorize said City to close, vacate and abandon the portion of First St. involved; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 119, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 127. By Senator Millican of the 52nd:
A Bill to be entitled an Act to direct the Commissioners of Roads and Revenues in certain counties to pay to the Board of Education, in addi tion to all other payments directed to be made by the constitution and laws of this State, certain sums from any funds held by or available to the commissioners of roads and revenues, for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 131. By Senator Paulk of the 45th:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues of Irwin County; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
TUESDAY, FEBRUARY 14, 1956
1085
On the passage of the Bill, the ayes were 117, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The following Resolutions of the House were read and adopted:
HR 235. By Messrs. Lindsey and Bolton of Spalding:
A Resolution commending Honorable John J. Flynt, Jr.; and for other purposes.
HR 236. By Mr. Wooten of Randolph:
A Resolution requesting the State Librarian to furnish to the Superior Court of Randolph County, without cost to said county, certain law books; and for other purposes.
HR 237. By Mr. Wooten of Randolph:
A Resolution to provide the Court of Ordinary of Randolph County certain enumerated law books; and for other purposes.
The following Resolution of the House was read and referred to the Com mittee on State of Republic:
HR 238. By Messrs. Cocke of Terrell, Cloud of Decatur, Perkins of Carroll, and Stripling of Coweta:
A Resolution to authorize an inspection of the facilities of the Game and Fish Commission; and for other purposes.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 232. By Messrs. Williams and Gunter of Hall and Martin of Banks:
A Bill to be entitled an Act to incorporate the City of Lula in the Counties of Hall and Banks; and for other purposes.
The following Senate amendment was read:
Senator Overby of the 33rd moves to amend HB 232 as follows:
1. By deleting Section 7A and inserting in lieu thereof a new Section 7A which shall read as follows: "The mayor shall be elected by ballot from the city at large. The Councilmen shall be elected by ballot of the qualified voters of the City of Lula, but to be eligible to hold the office of Councilman, the candidate must reside in the ward which he is to represent on the Council. Councilmen shall be elected for staggered terms as is set forth in Section 8."
2. By inserting in the blanks in Section 123 the words "fourth" and "March" so that said sentence when so amended shall read as fol lows: "The date of the election shall be set for a day in the fourth week in March 1956."
1086
JOURNAL OF THE HOUSE,
Mr. Williams of Hall moved that the House agree to the Senate amendment to HB 232.
On the motion to agree, the ayes were 103, nays 0. The Senate amendment to HB 232 was agreed to.
By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the Committees:
SR 44. By Senators McDonald of the 43rd, Brooks of the 50th, Dean of the 40 and Steis of the 25th:
A Resolution to provide for the appointment of a Commission composed of five members to study the problems of consumer financing of personal property in this State and to make recommendations; and for other purposes.
Referred to the Committee on State of Republic.
SB 161. By Senator Page of the 1st:
A Bill to be entitled an Act to amend an Act relating to the licensing of certain dentists of other States without examination; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
SB 164. By Senator Turner of the 34th:
A Bill to be entitled an Act to be known as the "General Cemetery Act," and for other purposes.
Referred to the Committee on General Education #2.
SB 159. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act creating a Joint-City County Board of Tax Assessors in all counties having a population of 300,000 or more; and for other purposes.
Referred to the Committee on Counties and County Matters.
Mr. Groover of Bibb moved that the House reconsider its action in failing to pass the following Bill of the House:
HB 484. By Messrs. Groover of Bibb and Moate of Hancock:
A Bill to be entitled an Act to amend the Toll Bridge Authority Act, and for other purposes.
Mr. Odom of Camden raised the point of order that under House Rule No. 152 a vote of two-thirds majority of the membership would be necessary to re consider the action of the House in failing to pass the Bill.
TUESDAY, FEBRUARY 14, 1956
1087
Mr. Groover of Bibb raised the point of order that House Rule No. 152 did not apply, the Bill not being considered finally rejected by the House unless the motion for reconsideration was voted down under House Rule No. 108, and that only a majority of a quorum was necessary to reconsider the Bill.
The Speaker ruled that House Rule No. 152 did not apply in this instance and that only a majority of a quorum would be necessary to reconsider the Bill.
Mr. Hawkins of Screven appealed from the decision of the Chair.
The decision of the Chair was sustained by the House.
On the motion to reconsider, Mr. Hawkins of Screven moved the ayes and nays and the call was sustained.
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Ayers Barker Baughman Bentley Birdsong Black Blackburn Blalock Bolton Brannen Brown Chambers Cloud Cocke Coker of Cherokee Cotton Cowart Coxwell Dean of Rockdale Drinkard Duke English Fain Flynt Fowler of Douglas Garrard Gilleland Green of Rabun Greene of Crisp Groover Gross of Stephens
Gross of Dade Gunter Hall Harrison of Jeff Davis Hodges Holley Huddleston Ivey Jessup Johnson of Gilmer Jones of Worth Jones of Lumpkin Jones of Laurens Jones of Sumter Kennedy of Turner Key Kilgore Killian King of Chattahoochee Kitchens
Lam Lavender Lindsey Lokey Long Lowe Martin Mashburn Massee McCracken McGarity
McKelvey McWhorter Moorman Nightingale Nilan Peacock Peters Phillips of Columbia Phillips of Walton Roughton Rowland Ruark Sanders Sheffield Singer Hoke Smith of Fulton M. M. Smith of Fulton Stephens Stripling Tamplin Tarpley Todd Truelove Turk Twitty Wheeler Williams Willingham Wright
1088
JOURNAL OF THE HOUSE,
Those voting in the negative were Messrs.:
Alien Bloodworth Caldwell Campbell Cason Gates Cheatham Coker of Walker Cornelius Deal Deen of Bacon Denmark Denson Dozier Duncan Edenfield Elder Eyler Ployd Fordham Freeman
Frier Grimsley Hardaway Harrison of Wayne Hawkins Hayes Henderson Hendrix Hudson Kennedy of Tattnall King of Pike Larkins Love Mathis of Lowndes Mauldin Mincy Mobley Murphy of Haralson Murr Musgrove Odom
Palmer Parker Pelham Pettey Potts Raulerson Reed Register Rodgers Smith of Evans Sognier Stevens of Marion Strickland Underwood of Bartow Upshaw Veal Weems Willis Wilson of Towns Young
On the motion to reconsider, the ayes were 91, nays 62.
The motion to reconsider prevailed.
The following report of the Committee on Rules was read and adopted:
Mr. Speaker:
Your Committee on Rules have had under consideration the establishing of the order of business for Tuesday, February 14, 1956, and have instructed me as its vice-chairman to make the following report:
That the order of business be as follows:
That the Speaker be authorized to call up any Bill on the General Calendar in any order in which he sees fit.
/s/ Groover of Bibb,
Vice-Chairman.
Under the order of business established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
HB 205. By Messrs. Kennedy of Turner, Foster of Clayton, and many others: A Bill to be entitled an Act to amend the Code of Georgia, relating to the applicability of the real estate licensing law; and for other purposes.
The previous question was ordered.
TUESDAY, FEBRUARY 14, 1956
1089
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 104, nays 8.
The Bill, having received the requisite constitutional majority, was passed.
The Bill, was ordered immediately transmitted to the Senate.
HB 482. By Messrs. Groover of Bibb, and Bodenhamer of Tift: A Bill to be entitled an Act to repeal an Act to authorize and direct the Governor to appoint an advisory Committee in each county in which a State Park is located and operated; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The Bill was ordered immediately transmitted to the Senate.
HB 579. By Mr. Groover of Bibb: A Bill to be entitled an Act to amend an Act relating to selling, leasing, granting, exchanging and disposing of recreational and park property by the State; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 118, nays 2.
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
1090
JOURNAL OP THE HOUSE,
following Bills and Resolutions of the House were taken up for consideration and read the third time:
HB 580. By Messrs. Groover of Bibb, and Stripling of Coweta:
A Bill to be entitled an Act to amend an Act creating the Natural Resources Department; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The Bill was ordered immediately transmitted to the Senate.
HB 554. By Messrs. Bodenhamer of Tift, Groover of Bibb, Twitty of Mitchell, Willingham of Cobb and others:
A Bill to be entitled an Act to require the study of Southern History and Traditions in all grades of the public schools of Georgia; and for other purposes.
The following amendment was read and adopted:
Mr. Bodenhamer of Tift moves to amend HB 554 in Section 1: "Provided, however, that the State Board of Education shall determine the nature and extent of such course to be taught in the public schools of this State."
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Bagby Barber of Colquitt Barber of Jackson Barker
Baughman Birdsong Black Blalock Bloodworth
Bodenhamer Bolton Brannen Brown Caldwell
TUESDAY, FEBRUARY 14, 1956
1091
Campbell Carlisle Cason Gates Cheatham Cheek Clary Cloud Cocke Coker of Cherokee Coker of Walker Cornelius Cotton Cowart Coxwell Deal Deen of Bacon Denmark Denson Dozier Drinkard Duke Elder English Eyler Fain Floyd Fordham Fowler of Douglas Fowler of Tift Garrard Gilleland Gillis Greene of Crisp Grimsley Groover Gross of Stephens Gross of Dade Hall Hardaway Harrell
Harrison of Jeff Davis Hawkins Hayes Hodges Hogan Hudson Hurst Ivey Jessup Jones of Worth Jones of Lumpkin Jones of Laurens Jones of Sumter Jordan Kennedy of Turner Key Killian King of Chattahoochee Lam Lanier Lavender Long Mallory Martin Mashburn Massee Mathis of Lowndes Matthews Mauldin McCracken McGarity McKelvey McKenna Mincy Mobley Moorman Mull Murphey of Crawford Murphy of Haralson Murr Musgrove
Nightingale Nilan Odom Palmer Peacock Pelham Perkins Peters Pettey Phillips of Columbia Potts Reed Register Rodgers Roughton Rowland Russell Scoggin Short Singer Smith of Evans Hoke Smith of Fulton
Souter Stevens of Marion Stewart Strickland
Tarpley Todd Truelove Underwood of Bartow Underwood of
Montgomery Upshaw Weems Wheeler Williams Willingham Willis Wilson of Peach
Wooten
On the passage of the Bill, as amended, the ayes were 136, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
The Bill was ordered immediately transmitted to the Senate.
At the request of Mr. Twitty of Mitchell, the following Bill of the Senate was placed on the Calendar for the purpose of considering the unfavorable report of the committee thereon:
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JOURNAL OF THE HOUSE,
SB 40. By Senators Neel of the 7th, and Overby of the 33rd:
A Bill to be entitled an Act to amend an Act so as to change certain provisions relative to the Workmen's Compensation Law; and for other purposes.
Under the order of business, established by the Committee on Rules, the following Bill of the House was again taken up for consideration:
HB 484. By Messrs. Groover of Bibb, and Moate of Hancock:
A Bill to be entitled an Act known as the "State Toll Bridge Authority Act"; and for other purposes.
Mr. Hawkins of Screven moved that HB 484 be tabled.
On the motion to table, 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.:
Alien Ayers Barber of Jackson Bentley Bloodworth Caldwell Carlisle Cheatham Cheek Coker of Cherokee Coker of Walker Deal Been of Bacon Denmark Dozier Edenfield Elder Eyler Fordham Fowler of Tift Freeman Grimsley
Hardaway Harrison of Jeff Davis Harrison of Wayne Hawkins Hodges Houston Hudson Jackson Jordan Kennedy of Tattnall Lanier Larkins Love Mathis of Lowndes McKenna Mincy Moore Murphy of Haralson Musgrove Odom Palmer Parker
Those voting in the negative were Messrs.:
Barber of Colquitt Barker Baughman Birdsong Black Blackburn Blalock
Bolton Brannen Brown Cason Chambers
Clary Cloud
Pelhani Perkins Pettey Raulerson Reed Register Scoggin Sivell Smith of Evans Smith of Emanuel Sognier Stevens of Marion Strickland Tanner Underwood of Bartow Underwood of
Montgomery Veal Willis Wilson of Towns Wilson of Peach
Cocke Cornelius Cotton Coxwell Dean of Rockdale Denson Drinkard
TUESDAY, FEBRUARY 14, 1956
1093
Duke English Fain Floyd Foster Fowler of Douglas Garrard Gilleland Green of Rabun Greene of Crisp Groover Gross of Stephens Gross of Dade Gunter Hall Harrell Hogan Holley Huddleston Hurst Ivey Jessup Johnson of Gilmer Jones of Worth Jones of Lumpkin Jones of Laurens Jones of Sumter
Kelley Kennedy of Turner
Key Kilgore Killian Killingsworth King of Chattahoochee Lam Long Lowe Mackay Mallory Martin Mashburn
Massee Matthews McCracken McGarity McKelvey McWhorter Moorman Mull Murphey of Crawford Murr Nightingale Nilan Peacock
Peters Phillips of Columbia Phillips of Walton Ray Roughton Rowland Rauark Russell Sanders Sheffield Short Souter Tamplin Tarpley Todd Truelove Turk Twitty Upshaw Weems Wheeler Williams Willingham Wooten Wright Young
On the motion to table, the ayes were 64, nays 101.
The motion to table was lost.
Mr. Duke of Baldwin moved the previous question.
On the motion for the previous question, the ayes were 88, nays 45.
The previous question was ordered.
The main question was ordered.
Amendments offered by Messrs. Watson of Dougherty, Committee on State of Republic, Groover of Bibb, and Odom of Camden were 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, 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:
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JOURNAL OF THE HOUSE,
Those voting in the affirmative were Messrs.:
Ayers Barber of Colquitt Barker Baughman Birdsong Black Blackburn Blalock Bolton Brannen Brown Callier Carlisle Chambers Clary Cloud Cocke Coker of Cherokee
Cornelius Cotton Coxwell Dean of Rockdale Drinkard Duke English Fain Foster Fowler of Douglas Garrard Gilleland Green of Rabun Greene of Crisp Groover
Gross of Stephens
Gunter Hall Harrell Hodges Hogan Holley Huddleston Hurst Ivey Jessup Johnson of Gilmer Jones of Worth Jones of Lumpkin Jones of Laurens Jones of Sumter Kennedy of Turner
Key Kilgore Killian Killingsworth King of Chattahoochee
Kitchens Lam Lokey Lowe Mackay Mallory Martin Mashburn Massee Matthews McCracken
Those voting in the negative were Messrs.:
Adams Alien Barber of Jackson Bentley Bloodworth Caldwell Campbell Cason Gates Cheatham Cheek Coker of Walker Deal Deen of Bacon Denmark Denson Dozier Duncan
Edenfield Elder Eyler Floyd Fordham Fowler of Tift Freeman Grimsley Hardaway Harrison of Jeff Davis Harrison of Wayne Hawkins Henderson Hendrix Houston Hudson Jackson Jordan
McGarity McKelvey McWhorter Moorman Mull Nightingale Nilan Peacock Peters Phillips of Columbia Ray Roughton Rowland Ruark Russell Sanders Sheffield Short Hoke Smith of Fulton Souter Stephens of Clarke Tamplin Tarpley Todd Truelove Turk Twitty Wheeler Williams Willingham Wooten Wright Young
Kennedy of Tattnall King of Pike Lanier Larkins Love Mathis of Lowndes McKenna Mincy Moore Murphey of Crawford Murphy of Haralson Murr Musgrove Odom Palmer Parker Pelham Perkins
TUESDAY, FEBRUARY 14, 1956
1095
Pettey Reed Register Rodgers Scoggin Sivell Smith of Evans
Smith of Emanuel Sognier Stevens of Marion Strickland Tanner Underwood of Bartow Underwood of
Montgomery Upshaw Veal Weems Willis Wilson of Towns Wilson of Peach
On the passage of the Bill, as amended, the ayes were 99, nays 74.
The Bill, having failed to receive the requisite constitutional majority, was lost.
Under the order of business, established by the Committee on Rules, the fol lowing Bills and Resolutions of the House were taken up for consideration and read the third time.
HB 203. By Messrs. Turk of Wilcox, Bagby of Paulding, Hayes of Coffee, Free man of Monroe, and Groover of Bibb:
A Bill to be entitled an Act to amend the Code relating to the admissibility of evidence; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 9.
The Bill, having received the requisite constitutional majority, was passed.
The Bill was ordered immediately transmitted to the Senate.
HB 204. By Messrs. Turk of Wilcox, Hayes of Coffee, Freeman of Monroe, and Groover of Bibb:
A Bill to be entitled an Act to amend the Code, relating to the duties of Justices of the Peace, so as to require Justices of the Peace to keep a register of all search warrants issued by them; and for other purposes.
The following amendment was read and adopted:
Mr. Turk of Wilcox moves to amend HB 204 by adding in the title before the words "to repeal conflicting laws", the words "to provide that any officer issuing search warrants shall keep a register of all search warrants issued by him, including the name of the person to whom each search warrant is issued and the hour, day, month and year when issued", and by renumbering Section 2 as Section 3 and inserting a new Section 2 to read:
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JOURNAL OF THE HOUSE,
"Section 2. Any officer issuing search warrants shall keep a register of all search warrants issued by him, including the name of the person to whom each search warrant is issued and the hour, day, month and year when issued."
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Bagby Barber of Colquitt Barber of Jackson Barker Baughman Bentley Birdsong Blalock Bloodworth Bolton Brannen Brown Caldwell
Cason Chambers Cheek Cocke Coker of Cherokee Cotton Cowart Coxwell Deal Deen of Bacon Denson Drinkard Duke Edenfield
Elder English Eyler Fain Floyd Flyut Foster Fowler of Douglas
Freeman Gilleland Gillis Green of Rabun Greene of Crisp Grimsley Groover Gross of Stephens Gross of Dade Hardaway Henderson Hodges Holley Hudson Ivey Jessup Johnson of Jenkins Johnson of Gilmer Jones of Worth Jones of Laurens Jones of Sumter Jordan Kennedy of Turner Kennedy of Tattnall Key Killian King of Pike Kitchens Lam Lanier Lokey Long Love Lowe Mackay Mallory Martin
Mashburn Massee Mathis of Lowndes Matthews McCracken McGarity McKenna Moore Moorman Mull Murr Musgrove Nilan Odom Palmer Perkins Peters Phillips of Columbia Phillips of Walton
Potts Ray Reed Register Rodgers Roughton Russell Scoggin Sivell Smith of Evans Smith of Emanuel
Souter Strickland Tamplin Tarpley
Todd Turk Twitty
TUESDAY, FEBRUARY 14, 1956
1097
Upshaw Veal Weems Wheeler
Willingham Willis Wilson of Towns Wilson of Peach
Wooten Young
Those voting in the negative were Messrs.:
Ayers Cornelius McKelvey
Parker Peacock Raulerson
Williams
On the passage of the Bill, as amended, the ayes were 121, nays 7.
The Bill, having received the requisite constitutional majority, was passed, as amended.
The Bill was ordered immediately transmitted to the Senate.
The Speaker announced the House recessed until 1:00 o'clock this afternoon.
AFTERNOON SESSION
1:00 o'clock P. M.
The Speaker called the House to order.
Under the order of business established by the Committee on Rules, the fol lowing Bills and Resolutions of the House were taken up for consideration and read the third time:
HB 25. By Messrs. Scoggin of Floyd and Groover of Bibb:
A Bill to be entitled an Act to amend an Act known as the "Motor Vehicle Safety Responsibility Act"; and for other purposes.
The following Committee amendments were read and adopted:
Amendments to HB 25.
Motor Vehicle Committee moves to amend HB 25 as follows:
By striking the matter quoted as paragraph (1) of subsection (d) of Section 5, in Section 12 of said bill, and inserting in lieu thereof the following:
"(1) Proof of financial responsibility may be shown by a surety bond executed by the person giving proof and by a surety company duly authorized to transact business in this State or by the person giving proof of his ownership of real property and by one or more individual sureties owning real property within this State and having an equity therein in at least the amount of the bond, except that a real property bond cannot be filed in connection with the revocation of an operator's license or operating privilege. The Director may not accept any real property bond unless the real property is scheduled in an affidavit
1098
JOURNAL OF THE HOUSE,
attached thereto setting forth a description of such property and the title thereto, including any liens and encumbrances and amounts thereof, market value and value of such sureties' interest therein, executed by the owner or owners of such interest and such bond and affidavit shows thereon that a duplicate original of such bond and affidavit has been recorded in the office of the clerk of the superior court where deeds are admitted to record in the county where the real property is located. The clerk shall provide a separate book for such purpose. The bond shall be approved by the clerk in the same manner as a supersedeas bond is approved. The fee of the clerk for recording and approving of such affidavit and bond shall be $2.50."
Motor Vehicles Committee moves to amend HB 25, as follows:
By striking the matter quoted as paragraph (4) of subsection (d) of Section 5, in Section 12 of said Bill, and inserting in lieu thereof the following:
"(4) A bond with individual sureties shall constitute a lien upon the real property of the principal and any individual surety in favor of the Governor of Georgia for the use of any holder of any final judg ment, arising out of the cause of action which necessitated the filing of the bond, against the principal on account of damage to property or injury to or death of any person or persons, upon the recording of the bond in the office of the clerk of the court where deeds are admitted to record in the county where the real property is located."
Motor Vehicle Committee moves .to amend HB 25 as follows:
By striking the matter quoted as paragraph (1) of subsection (e) of Section 5, in Section 13 of said Bill, and inserting in lieu thereof the following:
"(1) Whenever any person fails within thirty days to satisfy any judgment rendered in an action at law arising out of a motor vehicle accident, to which no appeal has been entered or motion for new trial filed, upon the written request of the judgment creditor or his attorney it shall be;the duty of the clerk of the court, or of the judge of a court which has no clerk, in which any such judgment is rendered, to forward to the Director immediately after the expiration of said thirty days, a certified copy of such judgment and the clerk or the judge, as the case may be, shall be entitled to a fee of $1.00 for such services which shall be included as a part of the cost of said action at law. If the defendant named in any certified copy of a judgment reported to the Director is a non-resident, the Director shall transmit a certification of the judgment to the official in charge of the issuance of licenses and registration certificates of the state of which the defendant is a resident.
Motor Vehicles Committee moves to amend HB 25, as follows:
By striking the matter quoted as subsection (f) of Section 5, in Section 14 of said Bill, and inserting in lieu thereof the following:
"(f) COURT RECORD; PENDING ACTION/UNSATISFIED
JUDGMENT: CERTIFICATE BY CLERK.
At the expiration of one year from the date of the accident or one year from the date of the suspension under the provisions of this Act, the clerk, or the judge if there is no clerk, or the several courts of this
TUESDAY, FEBRUARY 14, 1956
1099
State having jurisdiction over civil cases shall upon request of an opera tor or owner or an authorized representative of either, check the records of such court and furnish said operator or owner or authoized repre sentative with a certificate showing whether or not there is an action at law pending or an unsatisfied judgment on file against the said operator or owner arising out of the accident which necessitated the posting of bond or security or on which the suspension was based. The cost of such certificate shall be $1.00 and shall be paid by the party requesting same."
Motor Vehicles Committee moves to amend HB 25, as follows:
By striking the first paragraph of the matter which is added to Section 10, in Section 18 of said Bill, and inserting in lieu thereof the following:
"In any case where the depositor shall die while security is on deposit with the Director, the Director is authorized to return such security to the Executor or Administrator of the estate of the deceased depositor or if there is no Executor or Administrator and the amount on deposit is $300.00 or less the Director is authorized to pay over such deposit to the widow or widower of the deceased depositor. In any event, no deposit shall be returned unless and until satisfactory evidence has been filed by the person seeking such return, under the same con ditions as provided in the first paragraph of this section for the filing of such evidence by the depositor."
Motor Vehicles Committee moves to amend HB 25, as follows:
By striking Section 21 of said Bill, which reads as follows:
Section 21. Section 23 of said Act is hereby stricken in its entirety and a new Section 23 substituted in lieu thereof to read as follows:
'Section 23--Any person, firm, association or corporation licensed and engaged in the business of renting or leasing motor vehicles to be operated on the public streets or highways shall only be required to furnish proof of financial responsibility to satisfy any judgment or judgments rendered against such person, firm, association or corporation in his or its capacity as owner of the said motor vehicle, and shall not be required to furnish proof of its financial responsibility to satisfy any judgment or judgments rendered against the person to whom the motor vehicle was rented or leased at the time of the accident.'" in its entirety, and--By renumbering Section 22 of said Bill as Sec tion 21.
The previous question was ordered.
The main question was ordered.
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 Speaker ordered the roll call and the vote was as follows:
1100
JOURNAL OF THE HOUSE,
Those voting in the affirmative were Messrs.:
Adams Ayers Barber of Colquitt Barber of Jackson Barker Baughman Bentley Birdsong Black Blackburn Blalock Bloodworth Bolton Brannen Brown Cason Gates Chambers Cheatham Clary Cocke Coker of Cherokee Cotton Coxwell Deal Deen of Bacon Denson English Eyler Fain Floyd Flynt Fordham Foster Frier Garrard Gilleland Green of Rabun
Greene of Crisp Grimsley Groover Gross of Stephens Gross of Dade Hall Harrison of Wayne Hawkins Henderson Hendrix Hodges Hogan Holley Huddleston Hudson Hurst Ivey Jackson Johnson of Jenkins Johnson of Gilmer Jones of Worth Jones of Laurens Kennedy of Turner Key King of Pike Kitchens Lam Land Long Lowe Maekay Mallory Martin Mashburn Mathis of Lowndes Matthews Mauldin McCracken
McGarity McKelvey McWhorter Moore Moorman Musgrove Nilan Palmer Perkins Peters Phillips of Columbia Phillips of Walton Pickard Raulerson Ray Register Ruark Sanders Scoggin Sivell Smith of Emanuel Sognier Souter Stephens of Clarke Strickland Tamplin Tarpley Todd Twitty Weems Wheeler Williams Willis Wilson of Peach Wooten Wright
On the passage of the Bill, as amended, the ayes were 112, nays 0.
The Bill, having received the recpiisite 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 239. By Mr. Green of Rabun:
A Resolution extending greetings to the Honorable Steve Cocke on the occasion of his birthday, today, February 14, 1956; and for other purposes.
TUESDAY, FEBRUARY 14, 1956
1101
HR 240. By Messrs. Lowe of Oglethorpe and Elder of Oconee:
A Resolution congratulating Honorable and Mrs. Bill Ruark on the birth of their daughter; and for other purposes.
Under the order of business, established by the Committee on Rules, the fol lowing Bills and Resolutions of the House were taken up for consideration and read the third time:
HR 187-531b. By Messrs. Groover of Bibb, Blalock of Clayton, Coker of Cherokee, and Chastain of Thomas:
A Resolution directing the State Board of Corrections to study the recommendations of the Legislative Economy Committee as to institu tion of a Prison lindustries Program; and for other purposes.
The previous question was ordered.
The main question was ordered.
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 190-531e. By Messrs. Groover of Bibb, Blalock of Clayton, Coker of Cherokee, and Chastain of Thomas:
A Resolution to recommend that the State discontinue the building of cabins at State Parks; and for other purposes.
The previous question was ordered.
The main question was ordered.
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 192-531g. By Messrs. Groover of Bibb, Blalock of Clayton, Coker of Cherokee, and Chastain of Thomas: A Resolution to authorize and direct the Secretary of State to make a study of the expense of microfilming State Records; and for other purposes.
1102
JOURNAL OF THE HOUSE,
The previous question was ordered.
The main question was ordered.
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 194-531i. By Messrs. Groover of Bibb, Coker of Cherokee, and Chastain of Thomas:
A Resolution to provide for a detailed study of the advisability of the State establishing a printing office; and for other purposes.
The previous question was ordered.
The main question was ordered.
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.
By unanimous consent, the following Resolutions and Bill of the House were withdrawn from further consideration of the House:
HR 193-531h. By Messrs. Groover of Bibb, Coker of Cherokee, and Chastain of Thomas:
A Resolution to provide for the inspection of fertilizer at Plants wher ever possible; and for other purposes.
HB 194. By Messrs. Groover of Bibb, Lavender of Elbert, Blalock of Clayton, Coker of Cherokee, and Chastain of Thomas:
A Bill to be entitled an Act to amend an Act relating to the leasing and controlling of the State's property in the City of Chattanooga; and for other purposes.
HR 115-319f. By Mr. Wheeler of Seminole:
A Resolution to compensate Lillie Ruth Lee of Bascom, Florida for the death of her husband; and for other purposes.
Under the order of business established by the Committee on Rules, the
TUESDAY, FEBRUARY 14, 1956
1103
following Bills and Resolutions of the House were taken up for consideration and read the third time:
HR 114-319e. By Mr. Wheeler of Seminole:
A Resolution to compensate Emma Mae Bell for the death of her hus band; and for other purposes.
The following amendment was read and adopted:
Mr. Duke of Baldwin moves to amend HR 114-319e by substituting the figure $5,000.00 wherever the figure $20,000.00 appears therein.
The previous question was ordered.
The main question was ordered.
The unfavorable report of the Committee had been previously disagreed to.
On the adoption of the Resolution, as amended, Mr. Wheeler of Seminole moved the ayes and ansy and the call was sustained.
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alien Barber of Jackson Baughman Birdsong Cotton Cowart Dean of Rockdale Deer, of Bacon Denmark Denson Duke Flynt Freeman Groover
Harrison of Wayne Hawkins Hayes Ivey Jackson Kitchens Lam Lavender Massee Matthews Musgrove Palmer Peacock Perkins
Peters Phillips of Walton Raulerson Ruark Sheffield Souter Stephens of Clarke Strickland Tamplin Tarpley Veal Watson Wheeler Willingham
Those voting in the negative were Messrs.:
Ayers Bagby Barber of Colquitt Barker Black Blackburn Blalock Bolton Brannen Brown Carlisle
Cason Gates Chastain Clary Coker of Cherokee Coker of Walker Drinkard English Fain Fordham Foster
Fowler of Douglas Fowler of Tift Frier Garrard Gilleland Green of Rabun Grimsley Gunter Hall Henderson Hodges
1104
JOURNAL OP THE HOUSE,
Hogan Huddleston Hudson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Laurens Kennedy of Tattnall
Key Killian Lanier Larkins
Long Mallory
Martin Mashburn Mathis of Lowndes Mauldin McCracken McKelvey McKenna McWhorter
Moore Moorman Nightingale Nilan
Parker Phillips of Columbia
Pickard Ray Short Sivell Smith of Evans Todd Underwood of Bartow Weems
Williams Willis Wilson of Towns Wilson of Peach
Wright Young
On the adoption of the Resolution, as amended, the ayes were 42, nays 75.
The Resolution, having failed to receive the requisite constitutional ma jority, was lost.
HB 80. By Mr. Bolton of Spalding:
A Bill to be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act".
The following Committee amendment was read and adopted:
The Committee on Ways and Means moves to amend HB 80 by striking the last sentence in Section 1 of said Bill, and inserting in lieu thereof, the following:
"Provided, however, where the sales and use tax is charged as a separate and distinct item at the time of the original sale, and is col lected as such on the entire sales price, then this section shall not be construed so as to permit the seller to receive credit for such tax, upon repossession, unless he has refunded the tax paid by the original pur chaser."
The previous uqestion was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the bill, as amended, Mr. Tarpley of Union moved the ayes and nays and the call was sustained.
The roll call was ordered and the vote was as follows:
TUESDAY, FEBRUARY 14, 1956
1105
Those voting in the affirmative were Messrs.:
Ayers Bagby Barber of Colquitt Barber of Jackson Baughman Bentley Birdsong Black Bloodworth Bolton Brown Caldwell Campbell Carlisle Cason Gates Chambers Chastain Cheatham Clary Coker of Walker Cowart Coxwell Dean of Rockdale Deen of Bacon Denmark Denson Drinkard Duke Elder English Eyler Fain Floyd Flynt Foster Fowler of Douglas Fowler of Tift Garrard
Gilleland Greene of Crisp Grimsley Groover Gross of Dade Gunter Hall Hawkins Henderson Hodges Hogan Holley Huddleston Hudson Ivey Jackson Jessup Johnson of Jenkins Jones of Worth Jones of Laurens Kennedy of Tattnall Killian King of Pike Lam Lavender Long Mallory Martin Mashburn Massee Matthews Mauldin McCracken McKelvey McKenna McWhorter Moore Moorman Murphy of Haralson
Murr Musgrove Nightingale Nilan Palmer Parker Perkins Peters Phillips of Walton Pickard Ray Register Ruark Russell Sanders Sheffield Sivell Smith of Evans Smith of Emanuel Hoke Smith of Fulton Sognier Souter Stephens of Clarke Stewart Strickland Stripling Tamplin Twitty Underwood of Bartow Upshaw Watson Weems Williams Willingham Willis Wilson of Peach Wooten Wright Young
Those voting in the negative were Messrs.:
Cotton Frier . Green of Rabun Gross of Stephens Harrison of Wayne
Houston Kitchens Scoggin Tarpley Todd
Veal Wheeler Wilson of Towns
On the passage of the Bill, as amended, the ayes were 117, nays 13.
The Bill, having received the requisite constitutional majority, was passed, as amended.
The Bill was ordered immediately transmitted to the Senate.
1106
JOURNAL OF THE HOUSE,
HR 177-481a. By Mr. Groover of Bibb:
A Resolution to ratify, approve and confirm the Executive Order of the Governor, relating to the suspension of the license fee and examina tion fee required by an Act approved March 4, 1955; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 104, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HB 547. By Messrs. Sheffield of Brooks, Raulerson of Echols, and others:
A Bill to be entitled an Act to provide for a supplement to the com pensation of the judge of the superior courts of the Southern Judicial Circuit; and for other purposes.
The following amendments were read and adopted:
Mr. Sheffield of Brooks moves to amend HB 547 by striking the figure $3,000.00 and inserting in lieu thereof the figure $1200.00.
Sheffield of Brooks moves to further amend by striking the figures in the Bill opposite the counties and inserting in lieu thereof the figures $341.29 for Lowndes County, $329.54 for Colquitt County, $328.89 for Thomas County, $176.10 for Brooks County, and $24.18 for Echols County.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alien Ayers Bagby Barber of Jackson Baughman Birdsong
Blalock Bloodworth Bolton Brannen Campbell Cason
Chambers Chastain Cheatham Clary Cocke Coker of Cherokee
TUESDAY, FEBRUARY 14, 1956
1107
Cotton Cowart Coxwell Deal
Dean of Rockdale Deen of Bacon Denmark Duke Elder English Eyler Fain Floyd Flynt Fordham
Foster Fowler of Douglas Freeman Garrard Gilleland Green of Rabun Grimsley Groover Gross of Stephens Gross of Dade Gunter Hall Harrison of Wayne Hawkins Henderson Hodges Hogan Holley Houston Hurst
Ivey
Jackson Jessup
Johnson of Jenkins Jones of Worth Jones of Laurens Jones of Sumter Key Killian Killingsworth King of Pike Kitchens Lam Land Lanier Lavender Lokey Long Mackay Martin Mashburn Massee Mathis of Lowndes Mauldin McGarity McKenna Moore Moorman Murphey of Crawford Murphy of Haralson Murr Musgrove Nightingale Nilan Palmer Peacock Perkins Peters Phillips of Walton Pickard Raulerson
Ray Reed Register Roughton Ruark Russell Sanders Scoggin Sheffield Sivell Smith of Evans Smith of Emanuel Hoke Smith of Fulton Sognier Souter Stephens of Clarke Stewart Strickland Stripling Tamplin Tanner Tarpley Todd Truelove Twitty Underwood of Bartow Upshaw Veal Watson Weems Willingham Willis Wilson of Towns Wilson of Peach Wooten Wright Young
Those voting in the negative were Messrs.:
Hudson
Mallory
Williams
On the passage of the Bill, as amended the ayes were 131, nays 3.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HR 6-18f. By Messrs. Duke and Massee of Baldwin:
A Resolution to compensate Miles V. Golden of Milledgeville, Baldwin County, Georgia, for damage to his automobile; and for other purposes.
The following committee amendment was read and adopted:
1108
JOURNAL OP THE HOUSE,
Mr. McGarity of Henry moves to amend HR 6-18f by striking the words "sum of ten thousand ($10,000.00) dollars" wherever contained therein and substitute in lieu thereof the words "sum of two thousand seven hundred fifty ($2,750.00) dollars" wherever the same appears therein.
The previous question was ordered.
The main question was ordered.
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 104, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HB 383. By Messrs. Stripling of Coweta and Willingham of Cobb:
A Bill to be entitled an Act to improve and extend by reciprocal legisla tion the enforcement of duties of support, and for other purposes.
The previous question was ordered.
The main question was ordered.
The following amendments were read and adopted:
Mr. Lokey of Pulton moves to amend HB 383 as follows:
1. By deleting from Section 2, sub-section 6 (a) the words "or former husband".
2. That sub-section (g) of said section be incorporated as a part of sub-section (a) and that then be added to the end of said section the words "for said child or children."
3. That there be added to Section 8 the words "The petition must be commenced in the county of the residence of the obligee."
4. That there be added to Section 9 the words "Provided, however, that no cause of action shall arise unless the obligee is in need of support or the obligor has failed and refused to support said obligee."
Mr. Nightingale of Glynn moves to amend HB 383 by striking the words at the end of Section 10: "and payment must have been approved by the Attorney General,".
Mr. Sognier of Chatham moves to amend HB 383 by striking from Section 10 the following words: "to handle specifically the cases in volving abandonment of minor children or non support or cases of this nature".
An amendment offered by Mr. Clary of McDuffie was read and lost.
TUESDAY, FEBRUARY 14, 1956
1109
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. Stripling of Coweta moved the ayes and nays and the call was sustained.
The roll was called and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien
Barber of Colquitt Birdsong
Blackburn Brannen Brown Caldwell Campbell Carlisle Cason Chambers Chastain Cheatham Cloud Coker of Cherokee Coker of Walker Cotton Cowart Deal Dean of Rockdale Deen of Bacon Denmark Denson Duke Duncan Elder English Eyler Floyd Flynt Fordham Fowler of Douglas Fowler of Tift
Frier Green of Rabun
Greene of Crisp Groover
Gross of Stephens Hall Hardaway Harrison of Wayne Henderson Hodges Hogan Holley Hudson Jackson Johnson of Jenkins Johnson of Gilmer Jones of Laurens Jones of Sumter Kelley Kennedy of Turner Kennedy of Tattnall Key Kilgore Killingsworth Kitchens Lanier Larkins Lavender Lokey Long Lowe Martin Mashburn Massee Matheson of Hart Mathis of Lowndes Matthews Mauldin
Those voting in the negative were Messrs.:
Ayers Bagby Bentley Bloodworth Clary
Fain Freeman Garrard Grimsley Gunter
McCracken McKelvey McKenna Moorman Mull Murphy of Haralson Musgrove Nilan Parker Peacock Peters Phillips of Columbia Phillips of Walton Potts Ramsey Raulerson Ray Register Roughton Ruark Sanders Scoggin Smith of Evans M. M. Smith of Fulton Sognier Stephens of Clarke Stripling Tamplin Tarpley Truelove Turk Underwood of Bartow Upshaw Willingham Wright Young
Harrison of Jeff Davis Hurst King of Pike Mackay Mallory
1110
JOURNAL OF THE HOUSE,
McGarity McWhorter Moore
Palmer Reed Sivell
Todd Twitty Willis
On the passage of the Bill, as amended, the ayes were 108, nays 24.
The Bill, having received the requisite constitutional majority, was passed, as amended.
The Bill was ordered immediately transmitted to the Senate.
HB 426. By Messrs. Cloud and Terrell of Decatur and Harrell of Grady: A Bill to be entitled an Act to amend an Act so as to provide that the Sales Tax shall not apply to certain materials, and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 103, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
The Bill was ordered immediately transmitted to the Senate.
HR 81-214f. By Messrs. Cheatham of Chatham, Dean of Rockdale and others:
A RESOLUTION
Proposing to the qualified voters of the State of Georgia an amend ment to Article VI, Section VI, Paragraph II of the Constitution of the State of Georgia of 1945.
BE IT RESOLVED BY THE GENERAL ASSEMBLY of the State of Georgia as follows:
SECTION 1.
Upon the approval of this Resolution, in the manner hereinafter provided, Article VI, Section VI, Paragraph II of the Constitution of the State of Georgia of 1945 shall be amended by striking the following words from the second sentence thereof, namely, "in which there is no city or county court", so that said section, when amended, shall read as follows:
PARAGRAPH II. POWERS. The courts of ordinary shall have such powers in relation to roads, bridges, ferries, public buildings, paupers, county officers, county funds, county taxes, and other county matters as may be conferred on them by law.
TUESDAY, FEBRUARY 14, 1956
1111
The court of ordinary shall have jurisdiction to issue warrants, try cases, and impose sentences thereon in all misdemeanor cases arising under the Act known as the Georgia State Highway Patrol Act of 1937, and other traffic laws, and in all cases arising under the Compulsory School Attendance law in all counties of this State, provided the de fendant waives a jury trial. Like jurisdiction is also conferred upon the judges of the police courts of incorporated cities and municipal court judges for offense arising under the Act known as the Georgia State Highway Patrol Act of 1937 and other traffic laws of the State within their respective jurisdiction.
SECTION 2.
Be it further resolved that when this amendment shall have been agreed to by the requisite two-thirds of the members of each House of the General Assembly, with the "ayes" and "nays" entered thereon, it shall be published as required by law and submitted to the qualified voters of Georgia for ratification or rejection at the next general elec tion at which constitutional amendments may be voted on. All persons voting at said elections shall have written or printed on their ballots the words, "For ratification of an amendment to Article VI, Section VI, Paragraph II of the Constitution of Georgia of 1945, striking therefrom the following language from the second sentence thereof: 'in which there is no city or county court'", and the words "against ratification of an amendment to Article VI, Section VI, Paragraph II of the Con stitution of Georgia of 1945, striking therefrom the following language from the second sentence thereof: 'in which there is no city or county court' ". Returns shall be made and results declared as required by law. If the said amendment be adopted as required by law by the qualified voters of Georgia, it shall become a part of Article VI, Section VI, Paragraph II of the Constitution of Georgia of 1945.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Ayers Bagby
Barber of Colquitt Barber of Jackson Birdsong Blackburn Bloodworth Bodenhamer Bolton
Brannen Brown Caldwell Campbell Carlisle
Cason Chambers
Chastain Cheatham Clary Cloud Coker of Cherokee Coker of Walton Cotton
Cowart Dean of Rockdale Deen of Bacon Denson Duke
Duncan English
Eyler Floyd Flynt Fowler of Douglas Fowler of Tift Garrard Green of Rabun
Grimsley Groover Gunter Hardaway Harrell
1112
JOURNAL OP THE HOUSE,
Harrison of Wayne Henderson Hodges Holley
Huddleston Hurst Ivey Johnson of Gilmer Jones of Lumpkin Jordan Kennedy of Turner Key Killian Killingsworth King of Pike Kitchens
Lam Land Larkins Lokey Lowe Mallory Martin Mashburn
Massee Mathis of Lowndes Matthews McCracken McKelvey McKenna McWhorter Moorman Mull Murphey of Crawford Murphy of Haralson Musgrove Nightingale Nilan Parker Perkins Peters Phillips of Columbia Pickard Potts Raulerson Ray Reed Register
Russell Sanders Scoggin Sheffield Sivell Smith of Evans Hoke Smith of Fulton M. M. Smith of Fulton Sognier Souter Stephens of Clarke Stewart Stripling Tamplin Todd Twitty Underwood of Bartow
Underwood of Montgomery
Upshaw Watson Williams Willingham
Young
Those voting in the negative were Messrs.:
Alien Baughman Coxwell Denmark Drinkard Elder Fain Fordham Freeman Frier Gilleland
Gillis Gross of Stephens Harrison of Jeff Davis Hendrix Hogan Hudson Jackson Jones of Laurens Kelley Lavender Long
Moore Murr Peacock Pettey Ruark Strickland Tarpley Truelove Turk Wilson of Towns Wilson of Peach
On the adoption of the Resolution, the ayes were 113, nays 33.
The Resolution, having failed to receive the requisite two-thirds constitutional majority, was lost.
Mr. Groover of Bibb gave notice that at the proper time he would move that the House reconsider its action in failing to adopt HR 81-214f.
HB 400. By Messrs. Scoggin, Hall and Wright of Floyd and others:
A Bill to be entitled an Act to amend an Act so as to provide that the Clerk of the Superior Court shall make a record of each sex criminal convicted, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
TUESDAY, FEBRUARY 14, 1956
1113
On the passage of the Bill, the ayes were 117, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
By unanimous consent, the following Resolution of the House was withdrawn from further consideration:
HR 212-608b. By Messrs. Moate of Hancock, Groover of Bibb and others:
A Resolution proposing a constitutional amendment relating to the authority of the General Assembly to levy taxes and to make appro priations of State or local funds, and for other purposes.
Under the order of business established by the Committee on Rules, the fol lowing Bills and Resolutions of the House were taken up for consideration and read the third time:
HB 475. By Messrs. Floyd and Weems of Chattooga:
A Bill to be entitled an Act to amend an Act providing for furnishing to veterans of certain vital statistics, and for other purposes.
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 Alien
Ayers Bagby Barber of Jackson Baughman Birdsong Black Bloodworth Bodenhamer Bolton Brannen Brown Caldwell Campbell Carlisle Cason Chambers Chastain Clary Cocke Coker of Cherokee Coker of Walker Cornelius
Cotton Coxwell
Deen of Bacon Denmark Denson Duke Elder English Eyler Floyd Flynt Fordham Fowler of Douglas Freeman Frier Garrard Gillis Green of Rabun Grimsley Gross of Dade Gunter Hardaway Harrell Harrison of Jeff Davis
Hawkins Henderson
Hendrix Hodges Hogan Holley Hudson Jackson Jessup Johnson of Gilmer Jones of Lumpkin Jones of Laurens Jones of Sumter Jordan Kelley Kennedy of Turner Key Kilgore Killian King of Pike Kitchens Lam Lanier Lokey
1114
JOURNAL OF THE HOUSE,
Long Mackay Mallory Mashburn Massee Mathis of Lowndes Mauldin McCracken McKelvey McKenna McWhorter Moorman Murphy of Haralson
Murr Musgrove Nightingale Nilan Parker Peacock
Perkins Peters Potts Ramsey Raulerson Ray Reed Rodgers Roughton Ruark Sanders Scoggin Sheffield
Short Sivell Smith of Evans Hoke Smith of Fulton M. M. Smith of Fulton Sognier
Souter Stewart Strickland Stripling Tamplin Tarpley Truelove Twitty Underwood of Bartow Upshaw Watson Weems Williams
Willmgham Willis Wilson of Towns Wilson of Peach Young
On the passage of the Bill, the ayes were 128, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The Bill was ordered immediately transmitted to the Senate.
HB 394. By Mr. Groover of Bibb:
A Bill to be entitled an Act to amend an Act providing for absentee voting by members of the Military, and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 104, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 323. By Mr. Nightingale of Glynn:
A Bill to be entitled an Act to amend an Act relating to voting by mail by persons other than military personnel, and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
TUESDAY, FEBRUARY 14, 1956
1115
On the passage of the Bill, the ayes were 108, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HR 7-18g. By Messrs. Duke and Massee of Baldwin:
A Resolution compensating Thulia Lindsley for damages, and for other purposes.
The previous question was ordered.
The main question was ordered.
The following Committee amendment was read and adopted:
The Committee on Special Appropriations moves to amend HR 7-18g by striking therefrom the figures $15,000 in the conclusion thereof, and inserting in lieu thereof the figures $5,000.
The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.
On the adoption of the Resolution, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Bagby Barber of Jackson Barker Bentley Birdsong Black Blackburn Bloodworth Bodenhamer Bolton Brannen Caldwell Campbell Carlisle Cason Chambers Chastain Cheatham
Clary Coker of Cherokee Coker of Walker Cotton Coxwell
Deal
Dean of Rockdale Deen of Bacon Denmark Denson Duke Elder English Eyler Fain Floyd Fordham Fowler of Douglas Fowler of Tift Freeman Green of Rabun Grimsley Gross of Stephens Gross of Dade Hardaway Harrell Harrison of Jeff Davis Harrison of Wayne Hawkins Hayes Hendrix Hodges
Holley Houston Hudson Ivey Jessup Johnson of Jenkins Johnson of Gilmer Jones of Lumpkin Jones of Laurens Jones of Sumter Kennedy of Turner Kilgore Killian King of Pike Lam Lanier Larkins Lindsey Long Lowe Mackay Mallory Martin Mashburn Massee Matthews
1116
JOURNAL OF THE HOUSE,
Mauldin McCracken McGarity McKenna Moore Moorman Mull Murphey of Crawford Murphy of Haralson Murr Musgrove Nightingale Nilan Parker
Peters Potts Reed Register Rodgers Roughton Rowland Russell Sanders Scoggin Sheffield Sivell Smith of Evans M. M. Smith of Fulton
Sognier Stephens of Clarke Strickland Stripling Tamplin Tarpley Underwood of Bartow Upshaw Willingham Willis Wilson of Towns Wilson of Peach
Young
Those voting in the negative were Messrs. :
Barher of Colquitt Frier Garrard
Gilleland Henderson Hogan
Jackson Ruark Williams
On the adoption of the Resolution, as amended, the ayes were 119, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HR 205-587a. By Messrs. Sanders, Chambers and Holley of Richmond.
A Resolution authorizing the conveyance by the Governor of certain real property to Richmond County, and for other purposes.
The previous question was ordered.
The main question was ordered.
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.
The Resolution was ordered immediately transmitted to the Senate.
HB 435. By Messrs. Freeman of Monroe and Blackburn of Habersham:
A Bill to be entitled an Act to amend an Act creating the Minimum Foundation Program of Education, and for other purposes.
The previous question was ordered.
The main question was ordered.
TUESDAY, FEBRUARY 14, 1956
1117
The following amendment was read:
Mr. Nightingale of Glynn moves to amend HB 435 by striking the words "and for other good and sufficient cause" wherever they occur in said Bill and in the title thereof.
On the adoption of the amendment, Mr. Nightingale of Glynn moved the ayes and nays and the call was sustained.
The roll was called and the vote was as follows:
Those voting in the affirmative were Messrs.
Ayers Bagby Barber of Jackson Bentley Bolton Cason Chambers Chastain Cheatham Coker of Cherokee Deen of Bacon Elder English Ployd Fowler of Douglas Frier Green of Rabun
Greene of Crisp Gross of Stephens Gross of Dade Gunter Hawkins
Holley Houston Ivey
Jackson Kelley Kilgore Killian Lindsey Lokey Long Mackay McCracken
McWhorter Murphy of Haral Nightingale Nilan Peacock Ruark Russell Sanders Scoggin Smith of Evans Strickland Tarpley Underwood of Ba Williams Young
Those voting in the negative were Messrs.:
Alien
Barber of Colquitt Barker Birdsong
Black Blackburn Bloodworth Bodenhamer Caldwell Clary Coxwell Dean of Rockdale Duke Fain Flynt Fordham
Fowler of Tift Freeman
Garrard Gilleland Gillis Grimsley Groover
Hardaway Harrell Harrison of Jeff Davis Harrison of Wayne Henderson Hendrix Hodges Hogan Hudson Johnson of Jenkins Johnson of Gilmer Jones of Lumpkin Jones of Laurens Jones of Sumter
Jordan
Key King of Pike Lam Lanier Mallory
Mashburn Massee Matthews
McGarity McKenna
Moorman Musgrove Parker Perkins Peters Ramsey
Raulerson Ray Reed Register Sheffield Sivell
Souter Stewart Todd Willingham Willis Wilson of Towns Wilson of Peach
1118
JOURNAL OF THE HOUSE,
On the adoption of the amendment, the ayes were 49, nays 67.
The amendment was lost.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alien Barber of Jackson Black Blackburn Bodenhamer Carlisle Dean of Rockale Fowler of Tift
Frier Grimsley Harrell Harrison of Wayne Jones of Sumter Key Nilan Peacock
Perkins Rowland Smith of Evans
Todd Willingham Willis Wilson of Towns
Those voting in the negative were Messrs.:
Ayers Bagby Barker Bentley Birdsong Bloodworth
Bolton Brannen Cason Chambers Chastain Cheatham Clary Coker of Cherokee Cotton Coxwell Been of Bacon Denmark Duke Elder English Eyier Fain Floyd Flynt Fowler of Douglas Garrard Gilleland Gillis Green of Rabun Greene of Crisp Groover Gross of Stephens
Gross of Dade Gunter Hardaway Hendrix Hodges Hogan Holley Houston Hudson Hurst Ivey Jackson Jones of Laurens Jordan Kelley Kilgore Killian King of Pike Lam Larkins Lindsey Lokey Long Lowe Mackay Mallory Martin Mashburn Massee Matthews Maudin McCracken McKenna
McWhorter
Moore Moorman Mull Murphy of Haralson Musgrove Nightingale Parker Peters Raulerson Ray Reed Register Roughton Ruark Russell Sanders Scoggin Sivell Souter Stephens of Clarke
Strickland Tamplin Tarpley Twitty Underwood of Bartow
Underwood of Montgomery
Upshaw Williams Wilson of Peach
Young
TUESDAY, FEBRUARY 14, 1956
1119
On the passage of the Bill, the ayes were 23, nays 97.
The Bill, having failed to receive the requisite constitutional majority, was lost.
Mr. Bodenhamer of Tift gave notice that at the proper time he would move that the House reconsider its action in failing to pass HB 435.
HB 562. By Mr. Groover of Bibb:
A Bill to be entitled an Act to amend an Act creating a Department of Public Safety, and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The Bill was ordered immediately transmitted to the Senate.
HE 131. By Messrs. Blalock of Clayton and Sanders of Richmond:
A Resolution creating a committee to study the advisability of con forming the Georgia Income Tax Laws as nearly as practicable with the Federal Income Tax Laws, and for other purposes.
The previous question was ordered.
The main question was ordered.
The following Committee substitute was read and adopted:
A RESOLUTION
Creating a committee to study the advisability of conforming the Georgia Income Tax Laws as nearly as practicable to the Federal In come Tax Law with respect to the determination and classification of taxable net income.
WHEREAS, the Federaf Internal Revenue Code of 1954 made many substantial changes in the Federal Income Tax Law, with the result that there are many important respects in which the present Federal Income Tax Law differs from the Georgia Income Tax Law with regard to the determination and classification of taxable net income, and
WHEREAS, the present Georgia Income Tax Law consists of the original statute enacted in 1931, together with successive amendments
1120
JOURNAL OF THE HOUSE,
adopted by virtually every session of the General Assembly since 1931, and
WHEREAS, many citizens throughout the State of Georgia and many members of the General Assembly of Georgia consider it desirable in general to conform the Georgia Income Tax Law so far as practicable to the provisions of the Federal Income Tax Law with respect to the determination and classification of taxable net income, as well as to have a clear and comprehensive codification of the Georgia income tax laws, both from the standpoint of the State with regard to economy in administering the Georgia income tax laws and also from the standpoint of Georgia taxpayers with regard to simplicity and convenience in pre paring Federal and Georgia income tax returns; and
WHEREAS, the Committee on Taxation of the Georgia Bar Asso ciation has surveyed the problem of conforming the Georgia Income Tax Law to desirable new provisions of the Federal Law and has con cluded that this would be desirable but will require careful and extensive consideration and study prior to drafting a bill incorporating such changes, and has recommended to the House of Representatives of Georgia that a resolution be adopted appointing a study committee to consider the new Federal Internal Revenue Code of 1954 in relation to the Georgia Income Tax Laws for the purpose of determining in what respects it would be desirable to amend the Georgia Income Tax Laws to conform to the new Federal income tax provisions and to obtain a clear, comprehensive and compact codification of the Georgia laws; and
WHEREAS, these considerations and problems being of great mag nitude and large scope and complexity, NOW THEREFORE:
"BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: That there is hereby created a committee to study the advisability of amending the Georgia Income Tax Laws to conform them as nearly as practicable to the provisions of the Federal In come Tax Law with respect to the determination and classification of taxable net income, and to obtain a clear, comprehensive and compact codification of the Georgia laws, and to draft proposed legislation to effectuate its recommendations. Said Committee shall be composed of eight (8) members, as follows: two (2) members from the Senate, to be appointed by the President of the Senate; three (3) members from the House of Representatives, to be ap pointed by the Speaker of the House of Representatives; two (2) members to be appointed by the Governor, who shall not be members of the General Assembly; and the State Revenue Commissioner as the eighth member. Said study committee is authorized to call on the State Revenue Commissioner, the Income Tax Unit of the Department of Revenue and the legal staff assigned to the Depart ment of Revenue for assistance in making such a study, to confer with Federal Income Tax authorities, and to do all things necessary to effectuate the purposes of this Resolution. The Attorney Gen eral, with the concurrence of the State Revenue Commissioner, is authorized to obtain the services of such Assistant or Deputy Assistant Attorneys General skilled in State and Federal income tax laws, to serve as counsel to said Committee, as may be required by said Committee, to effectuate the purposes of this Resolution; and the State Revenue Commissioner is authorized to obtain and make available to the Committee such other consultants skilled in
TUESDAY, FEBRUARY 14, 1956
1121
the income tax laws as may be required to effectuate the purposes of this Resolution. The members of the General Assembly serving on said Committee shall receive the per diem, compensation and allowances authorized for interim committees. The State Revenue Commissioner and the staff assigned to the committee shall be en titled to expense and mileage allowance the same as other State employees are allowed by law. The total number of days for which members of the committee shall be paid as provided herein shall not exceed fifteen (15). The committee shall render its reports on the result of this study to the Governor, the members of the General Assembly and to the public on or before December 1, 1956 and this Resolution shall stand repealed at the end of such date, and the committee created hereunder shall stand abolished as of that time."
The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.
On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Bagby Barber of Colquitt Barber of Jackson Barker Bentley Birdsong Black Blackburn Blalock Bodenhamer Bolton Brannen Caldwell Campbell Carlisle Chambers Chastain Cheatham Clary Cloud Coker of Cherokee Coker of Walker Cotton Coxwell Dean of Rockdale Been of Bacon Denmark Duke Eyler Fain . Floyd
Foster Fowler of Douglas Fowler of Tift Freeman Frier Garrard Gilleland Greene of Crisp Groover Gross of Stephens Gross of Dade Gunter Hardaway Harrison of Jeff Davis Hawkins Henderson Hendrix Hodges Hogan Holley Houston Huddleston Johnson of Jenkins Johnson of Gilmer Jones of Laurens Jones of Sumter Jordan Kelley Kennedy of Turner
Key Kilgore Killian King of Pike
Larkins Lavender Lokey Long Mackay Mashburn Matthews Mauldin McCracken McKenna Moorman Mul Murphy of Haralson
Musgrove Nightingale Nilan Parker Peacock Peters Potts Raulerson
Ray Reed Register Rodgers Roughton Rowland Sanders Scoggin Short Smith of Evans Hoke Smith of Fulton M. M. Smith of Fulton
1122
JOURNAL OP THE HOUSE,
Sognier Stephens of Clarke Stewart Strickland Tamplin Tarpley
Todd Twitty Underwood of Bartow Underwood of
Montgomery Watson
Williams Willingham Wilson of Towns Wilson of Peach Young
Those voting in the negative were Messrs.:
Ayers Plynt Green of Rabun
Grimsley Hudson Jackson
Mallory Ramsey Ruark
On the adoption of the Resolution, by substitute, the ayes were 115, nays 9.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.
HB 299. By Messrs. Kelley and Kilgore of Gwinnett and others:
A Bill to be entitled an Act to provide that fire and casualty insurance companies domiciled in this State may deduct any retaliatory tax paid to another state from their Georgia taxes, and for other purposes.
The previous question was ordered.
The main question was ordered.
The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to provide that any Georgia domiciled insur ance company, corporation or association issuing insurance policies on fire, windstorm, lightning and extended coverage, may deduct any re taliatory tax actually paid another State from their Georgia taxes; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Any insurance company, corporation or association domiciled in the State of Georgia, and issuing insurance policies on fire, lightning, extended coverage and windstorm covering property within this State, may deduct any retaliatory tax actually paid to another State from their Georgia taxes due for the tax year for which such retaliatory tax was paid and only at the time when such Georgia taxes for that year are paid and upon furnishing proof of payment of such retaliatory tax to the Insurance Commissioner of Georgia.
Section 2. The provisions herein shall apply only to taxes accruing on and after January 1, 1956.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
TUESDAY, FEBRUARY 14, 1956
1123
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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alien Ayers Barber of Colquitt Barber of Jackson Barker Bentley Birdsong Black Blackburn Blalock Bodenhamer Bolton Brannen Caldwell Chambers Chastain Cheatham Clary Cloud Coker of Cherokee Coker of Walker
Cotton Coxwell Deen of Bacon Duke English Eyler Fain Floyd Flynt Foster Fowler of Douglas Fowler of Tift Freeman Frier Gilleland Green of Rabun
Grimsley Gross of Stephens Gross of Dade
Hardaway Harrell Harrison of Jeff Davis Hawkins Henderson Hodges Holley Houston Huddleston Hudson Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Lumpkin Jones of Laurens Jones of Sumter Jordan Kelley Kennedy of Turner Kilgore Killian King of Pike Larkins Lavender Lindsey Lokey Long Mallory Mashburn Matthews Mauldin McCracken McKenna Moore Moorman Mull Murphey of Crawford Murphy of Haralson Musgrove
Nightingale Nilan Parker Peacock Peters Phillips of Columbia Potts Ramsey Raulerson Ray Reed Register Rodgers Roughton Rowland Ruark Sanders Sheffield Sivell Smith of Evans Hoke Smith of Fulton M. M. Smith of Fulton Sognier Souter Stephens of Clarke Stewart Strickland Tamplin Tarpley Todd Turk Twitty Underwood of Bartow Underwood of
Montgomery Upshaw Willis Wibon of Towns Wilson of Peach Young
On the passage of the Bill, by substitue, the ayes were 119, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
The Bill was ordered immediately transmitted to the Senate.
1124
JOURNAL OF THE HOUSE,
HB 113, By Mr, Groover of Bibb:
A Bill to be entitled an Act to amend an Act so as to provide that hunting and fishing licenses shall be effective from April 1st to March 31st, and for other purposes.
The previous question was ordered.
The main question was ordered.
The following amendments were read and adopted:
Mr. Clary of McDuffie moves to amend HB 113 by striking there from sub-section 17 in its entirety.
Mr. Bagby of Paulding moves to amend HB 113 by striking from said Bill Section 9 in its entirety; and by striking from the caption of said Bill, the words "to prohibit the obstruction of streams by dams, nets, seines and other obstructions"; and that sections of said Bill be renumbered accordingly.
Mr. Veal of Putnam moves to amend HB 113 by striking Section 7 in its entirety; and that the remaining sections be renumbered ac cordingly.
Messrs. Cheatham, Eyler and Sognier of Chatham move to amend HB 113 by striking Section 12 in its entirety.
Messrs. Cheatham, Eyler and Sognier of Chatham move to amend HB 113 by adding the following to be known as Section 12: "It shall be unlawful for anyone to catch crabs for commercial purposes within 100 feet of the property line of any resident or any extension of his dock.
The following Committee amendments were read and adopted:
The Committee moves to amend HB 113 in the following manner:
1. By striking from the 8th line of Section 12 of said Bill the words and figures "April 15" and inserting in lieu thereof the words "May 1st."
2. By adding to subparagraph (a) of Section 14 of said Bill the following words: "The State Game and Pish Commission shall have the power to open any portion of the offshore waters of this State to commercial shrimping, during the period herein stated, when the count of shrimp in such portion of the offshore waters count no more than 55 shrimps with heads on to the pound. Officers, agents, or representa tives duly authorized by the State Game and Fish Commission shall determine by inspection when the count of shrimp in such portions of the offshore waters are of a count not greater than 55 shrimps with heads on to the pound, and findings by said duly authorized officers, agents, or representatives shall be conclusive as to the count of shrimp per pound. In order to inform commercial fishermen of the opening of said waters as herein provided, the State Game and Fish Commission shall post notices at the Court House and on all shrimp docks in the county in which such offshore waters lie, or in each county in which
TUESDAY, FEBRUARY 14, 1956
1125
such offshore waters lie, should they lie in more than one county, and by any other means as may appear feasible."
3. By adding to sub-paragraph (c) of Section 16 of said Bill as a prefix to the first sentence therein the words, "Except as otherwise specifically provided," and further by inserting in the 8th line of said sub-paragraph (c) after the words "in which such sound lies," the words "or in each county in which such sound lies,".
4. By striking from Section 22 of said Bill the words "or to be used for commercial purposes," in the 2nd and 3rd lines of sub-paragraph 2 of the new section to be known as Section 94A.
5. By inserting in Section 22 of said Bill, the words "or otherwise disposes" after the words "or who sells" in the 3rd line of sub-paragraph 3 of the new section to be known as Section 94A; and by inserting the words "or other disposition" before the words "for human consumption" in the 6th line of said sub-paragraph 3.
6. By adding at the end of Section 22 of said Bill a new section to be known as Section 22A, and to read as follows:
"Said Act is further amended by adding at the end of Section 94A, a new section to be known as 94B, and to read as follows:
"94B. Taking of Crabs with Power Drawn Nets between Janu ary 1st and March 15th.
(a) It shall be unlawful to take crabs with power drawn nets between January 1st and March 15th, inclusive, of each year in the outside salt waters and such sounds which have been opened to commercial shrimp trawling under provisions of law, or which are hereafter opened to commercial shrimp trawling under provisions of law, unless the webbing used in the construction of such power drawn nets so used shall be of a minimum mesh size of four inches when stretched.
(b) The presence of a net of a mesh size smaller than four inches, when stretched, on board any boat or vessel fishing for crabs, as provided in this section, shall be prima facie evidence of a viola tion of this section.
(c) Any person, firm, or corporation violating this section shall be guilty of a misdemeanor and punished as provided by law."
7. By adding immediately before Section 23 of said Bill a new Section to be known as Section 22B and to read as follows: "Section 22B. Said Act is further amended by striking the word "lawful" in the first line of Section 98 thereof and inserting in lieu thereof the word "unlawful."
The Committee moves to amend HB 113 as follows:
1. By renumbering Section 23, the repealer clause, as Section 24.
2. By adding thereto a new Section 23 to read as follows:
"Section 23. Said Act is further amended by striking para graph (a) of Section 63 thereof, relating to the taking of rabbits, and by substituting in lieu thereof a new paragraph (a) to read as follows:
1126
JOURNAL OF THE HOUSE,
'(a) No person shall take or kill rabbits or hares in this State except during the lawful hunting season, which shall be prescribed by regulation of the Commission; provided, however, that minors not over sixteen (16) years of age may at any time trap or capture rabbits or hares by use of rabbit boxes or similar traps, subject, however, to the provisions of the paragraphs of this section here after following.'
The Committee moves to amend HB 113 as follows:
Section 1. By adding thereto a new section to be known as Section 23, and to read as follows:
"SECTION 23: Said Act is further amended by adding after Section 84 thereof a new section to be known as 84(A), and which shall read as follows:
"84 (A): It shall be illegal for any person to take, capture, or kill at night, any fish in any of the tidal waters of this State by use of any gig, spear, firearm or other similar instrument, and any person violating any provision of this section shall be guilty of a misdemeanor and punished as provided by law." Section 2. By appropriately re-numbering the repealer clause.
Section 3. By amending the caption thereof by inserting before the phrase "to repeal conflicting laws and for other purposes", the phrase, "to prohibit the taking or capturing at night of fish by use of gigs, spears or firearms".
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.:
Alien Ayers Bagby Barber of Colquitt Barber of Jackson Barker Bentley Birdsong Black Blackburn Blalock Bodenhamer Bolton Brannen Caldwell Carlisle Chambers
Chastain Cheatham Clary
Cloud Coker of Cherokee Cotton Coxwell Deal Dean of Rockdale Deen of Bacon Denmark Duke English Eyler Pain Floyd Foster Fowler of Douglas Frier Gilleland
Gillis Green of Rabun Grimsley
Groover Gross of Stephens Gunter Hardaway Harrell Harrison of Jeff Davis Harrison of Wayne Hawkins Henderson Hendrix Hodges Hogan Holley Houston Huddleston Hudson Hurst
Ivey Jackson Jessup
TUESDAY, FEBRUARY 14, 1956
1127
Johnson of Jenkins Johnson of Gilmer Jones of Lumpkin Jones of Laurens Jones of Sumter Jordan Kelley Kennedy of Turner Key Kilgore Killian King of Chattahoochee King of Pike Land Larkins Lavender Lindsey Lokey Long Lowe Mackay Mallory Mashburn Matthews
Mauldin McCracken McKenna Moore Moorman Mull Murphey of Crawford Murphy of Haralson Musgrove Nightingale
Nilan Parker Peacock Peters Potts Ramsey Raulerson Ray Reed Rodgers Roughton Rowland Sanders Sheffield
Short Sivell Smith of Evans Hoke Smith of Fulton M. M. Smith of Fulton Sognier Souter Stephens of Clarke Stewart Strickland Stripling Tamplin Tarpley Todd Turk Twitty Upshaw Williams Willingham Wilson of Towns Wilson of Peach Young
On the passage of the Bill, as amended, the ayes were 130, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 493. By Messrs. Alien of Bulloch, Hawkins of Screven and others:
A Bill to be entitled an Act to amend an Act so as to prohibit the killing or capturing of deer in any lake, river or stream by any means, and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alien Barber of Colquitt Bodenhamer Brannen Caldwell Chambers
Cheatham Coker of Cherokee Cotton Deal Denmark English
Eyler Fain Fowler of Douglas Gilleland Gillis Green, of Rabun
1128
JOURNAL OP THE HOUSE,
Greene of Crisp Grimsley Gross of Stephens Hardaway Harrison of Wayne Hawkins Henderson Hendrix Hogan Holley Hudson Johnson of Jenkins Jones of Lumpkin Jones of Laurens Jones of Sumter
Kelley Key Kilgore Killian King Mackay Mallory Mashburn Matthews Mauldin Moore Mull Murphy of Haralson Nilan Peters
Potts Ramsey Raulerson Rowland Scoggin Sheffield Smith of Evans Sognier Stephens of Clarke Tamplin Upshaw Veal Willingham Wilson of Towns Young
Those voting in the negative were Messrs.:
Ayers Bagby Bentley Birdsong Black Bolton Chastain Cloud Coxwell Deen of Bacon Duke Freeman
Frier Groover Gunter Harrison of Jeff Davis Hodges Houston Huddleston Ivey Larkins Lindsey Lokey Long
McCracken Musgrove Nightingale Phillips of Columbia Ray Reed Roughton Sivell Tarpley Todd Twitty Williams
On the passage of the Bill, the ayes were 63, nays 36.
No quorum having voted, Mr. Groover moved that the House do now adjourn until 10:00 o'clock tomorrow morning, and the motion prevailed.
Leaves of absence were granted Messrs. Palmer of Mitchell and Clary of McDuffie for Wednesday, February 15, 1956.
The Speaker announced the House adjourned until 10:00 o'clock tomorrow morning, and HB 493 was carried over until that time under the order of Un finished Business.
WEDNESDAY, FEBRUARY 15, 1956
1129
Representative Hall, Atlanta, Georgia. Wednesday, February 15, 1956.
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:
Those answering the roll call were Messrs.:
Adams Ayers Bagby Barber of Colquitt Barber of Jackson Barker Baughman Bentley Birdsong Black Blackburn Blalock Brannen Brown Caldwell Callier Carlisle Chambers Chastain Cheatham Cocke Coker of Cherokee Cornelius Cotton Cowart Coxwell Deal Dean of Rockdale Deen of Bacon Denmark Denson Drinkard Edenfield Elder English Eyler Floyd Flynt Fordham Foster Fowler of Douglas
Freeman Frier Garrard Gilleland Gillis Green of Rabun Greene of Crisp Grimsley Groover Gross of Stephens Gross of Dade Gunter Hardaway Harrell Harrison of Jeff Davis Harrison of Wayne Hawkins Hayes Henderson Hendrix Hodges Hogan Holley Houston Huddleston Hudson Hurst Ivey Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Worth Jones of Lumpkin Jones of Laurens Jordan Kelley Kennedy of Turner Kennedy of Tattnall
Key Killian
King of Chattahooehee King of Pike Kitchens Lam Land Larkins Lindsey Lokey Long Lowe Mackay Mallory Martin Mashburn Matheson of Hart Mathis of Lowndes Matthews Mauldin McGarity McKelvey McKenna McWhorter
Moore Moorman Mull Murphey of Crawford Murphy of Haralson Musgrove Nightingale
Nilan Odom Parker Peacock Pelham Peters Pettey Phillips of Columbia Phillips of Walton
Potts Ramsey Ray
1130
JOURNAL OF THE HOUSE,
Reed Register Rodgers Roughton Rowland Ruark Rutland Sanders 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 Tanner Tarpley Todd Truelove Turk Twitty Underwood of Bartow Underwood of
Montgomery
Upshaw Veal Watson Weems Williams Willingham Wilson of Towns Wilson of Peach Wooten Young Mr. Speaker
(Moate)
Those not answering the roll call were Messrs.:
Alien Bloodworth Bodenhamer Bolton Campbell Cason Gates Cheek Clary Cloud Coker of Walker Dozier Duke Duncan
Fowler of Tift Hall Jones of Sumter Kilgore Killingsworth King of Whitfield Lanier Lavender Love Massee McCracken Mincy Mobley Murr
Palmer Perkins Pickard Raulerson Russell Scoggin Sheffield Singer Stewart Terrell Wheeler Willis Wright
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 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.
WEDNESDAY, FEBRUARY 16, 1956
1131
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 Resolution of the House was read the first time and referred to the Committee:
HR 241-626b. By Mr. Chambers of Richmond:
A Resolution to compensate Judson A. Dye for damages to his automo bile; and for other purposes.
Referred to the Committee on Special Appropriations.
By unanimous consent, the following Resolution of the House was withdrawn from the Committee on Public Property, and recommitted to the Com mittee on Municipal Government:
HR 167-477d. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A Resolution to authorize the Governor acting on behalf of the State of Georgia, to convey to the City of Atlanta, a tract of land required by the City for use in connection with the construction of a limited access expressway; 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 Amend ments to Constitution No. 1, submitted the following report:
Mr. Speaker:
Your Committee on Amendments to Constitution No. 1 has had under con sideration the following Resolution of the Senate and has instructed me as Chairman, to report the same back to the House with the following recom mendation :
SR 42. Do Pass.
Respectfully submitted,
Freeman of Monroe,
Chairman.
Mr. Stephens of Clarke County, Chairman of the Committee on Bonds and Banking, submitted the following report:
Mr. Speaker:
Your Committee on Bonds and Banking has had under consideration the fol lowing Bill and Resolution of the House and Senate and has instructed me as
1132
JOURNAL OF THE HOUSE,
Chairman, to report the same back to the House with the following recom mendations :
HE 202-561a. Do Pass. SB 97. Do Pass.
Respectfully submitted, Stephens of Clarke, 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 of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 249. Do Pass, by substitute.
SB 119. Do Pass.
Respectfully submitted,
Scoggin of Floyd,
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 of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 112. Do Pass, as amended. SB 113. Do Pass, as amended. SB 114. Do Not Pass. SB 115. Do Not Pass. SB 116. Do Pass. SB 117. Do Pass, as amended. SB 111. Do Pass, by substitute.
Respectfully submitted, Scoggin of Floyd, Chairman.
Mr. Carlisle of Bibb County, Chairman of the Committee on General Judiciary No. 2, submitted the following report:
WEDNESDAY, FEBRUARY 15, 1956
1133
Mr. Speaker:
Your Committee on General Judiciary No. 2 has had under consideration the following Bill of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendation:
SB. 17 was reconsidered, and the committee offered an amendment, attached to the Bill, and recommends that the Bill, as so amended, 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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendation:
SB 161. Do Pass.
Respectfully submitted,
Mashburn of Forsyth,
Chairman.
Mr. Reed of Gobb 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 Senate and has instructed me as Vice-Chairman, to report the same back to the House with the following recommendations:
SB 99. Do Pass.
SB 100. 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 follow ing Bills of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 155. Do Pass.
1134
JOURNAL OP THE HOUSE,
SB 151. Do Pass. HB 606. Do Not Pass. HB 140. Do Not Pass. HB 530. Do Pass. HB 409. Do Pass.
Respectfully submitted, Jones of Lumpkin, Chairman.
Mr. Hoke Smith of Pulton 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 92. Do Pass.
SB 137. Do Pass.
Respectfully submitted,
Hoke Smith of Fulton,
Chairman.
Mr. Hoke Smith of Pulton 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 Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 167-477a. Do Pass, by substitute.
Respectfully submitted,
Hoke Smith of Pulton,
Chairman.
Mr. Barber of Colquitt County, Chairman of the Committee on Special Appropriations, submitted the following report:
Mr. Speaker:
Your Committee on Special Appropriations has had under consideration the following Resolution of the House and has instructed me as Chairman, to report
WEDNESDAY, FEBRUARY 15, 1956
1135
the same back to the House with the following recommendation: HR 229-621d. Do Pass. Respectfully submitted, Barber of Colquitt, 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 Bills of the House and has instructed me as Vice-Chairman, to report the same back to the House with the following recommendations:
HB 239. Do Pass.
HB 607. Do Pass.
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 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 238. Be placed on Calendar for consideration of entire House member ship without recommendation.
SR 30. Do Pass. SB 152. Do Pass. SB 153. 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:
1136
JOURNAL OF THE HOUSE,
HB 71. By Messrs. Sognier, Cheatham and Eyler of Chatham:
A Bill to be entitled an Act to require all defendants in bastardy, wifebeating, and abandonment cases that are tried in Superior Court in this State to be tried on accusations and to provide that indictments may not be demanded in such courts for defendants charged with the offenses of bastardy, wife-beating and abandonment.
HB 177. By Mr. Key of Jasper:
A Bill to be entitled an Act to provide for qualified surety companies to become surety to the extent of $200.00 with respect to guaranteed arrest bond certificates of automobile clubs and associations; and for other purposes.
HB 190. By Messrs. Groover of Bibb, Lavender of Elbert and others:
A Bill to be entitled an Act to provide all leases of State property for a term of more than one year shall be ratified by the Senate; and for other purposes.
HB 206. By Mr. Strickland of Toombs:
A Bill to amend an Act relating to the return day of the writ of habeas corpus, so as to change the return day.
HB 245. By Messrs. McWhorter, Rutland and Mackay of DeKalb:
A Bill to be entitled an Act to amend an Act to create and establish in DeKalb County Districts from which the members of the County Board of Education shall be elected; and for other purposes.
HB 278. By Mr. Freeman of Monroe:
A Bill to amend an Act providing pensions to the Firemen of the State
of Georgia.
HR 18. By Mr. Green of Rabun:
A Resolution to designate a bridge across U. S. Highway 23 or 441 at the city limits of Dillard, Georgia as the Dr. Lester Neville Bridge; and for other purposes.
HR 32. By Mr. Chambers of Richmond and others:
A Resolution proposing an amendment to the Constitution so as to con fer upon the Supreme Court and Court of Appeals jurisdiction to review by writ of error all final judgment and adjudications rendered by Juve nile Courts; and for other purposes.
HR 116. By Mr. Kennedy of Tattnall:
A Resolution to compensate Dr. Hess and Clark, Inc., for damages to an automobile.
WEDNESDAY, FEBRUARY 15, 1956
1137
HR 68. By Mr. Gunter of Hall and others:
A Resolution to compensate T. Q. Jones and Mrs. Valie Jones, Gainesville, Hall County, for injuries and property damage they received in an accident with a State Highway Department maintenance vehicle.
HR 231. By Messrs. Moate of Hancock and Groover of Bibb:
A Resolution commending the Honorable Carl Vinson and for other purposes.
HB 369. By Messrs. Hall, Scoggin and Wright of Ployd:
A Bill to be entitled an Act to provide for the compensation of the members of the County Board of Education of Floyd County; and for other purposes.
HB 377. By Messrs. Hall, Scoggin and Wright of Floyd:
A Bill to be entitled an Act to abolish the present mode of compensation accruing to the office of Solicitor-General of the Rome Judicial Circuit, other than the salary paid out of the Treasury of the State; and for other purposes.
HB 390. By Messrs. Hall, Scoggin and Wright of Floyd:
A Bill to be entitled an Act to abolish the present mode of compensation accruing to the offices of Clerk of the Superior Court, Clerk of the City Court, Ordinary, Sheriff of the City Court and Sheriff of Floyd County; and for other purposes.
HB 416. By Mr. Groover of Bibb and others:
A Bill to amend an Act providing for an integrated Veterans Service of Georgia and creating a State Department of Veterans Service.
HB 432. By Mr. Parker of Appling:
A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Baxley; and for other purposes.
HB 439. By Messrs. Murr and Jones of Sumter:
A Bill to be entitled an Act to fix the compensation of the Chairman and the members of the Board of Education of all counties having a certain population; and for other purposes.
HB 440. By Messrs. Murr and Jones of Sumter:
A Bill to be entitled an Act to authorize the governing authority of Sumter County to create and establish restricted zones or districts; and for other purposes.
HB 441. By Messrs. Murr and Jones of Sumter:
A Bill to be entitled an Act to authorize the mayor and city council of the City of Americus to advertise and promote the agricultural, indus-
1138
JOURNAL OF THE HOUSE,
trial, historic, recreational and natural resources of the State of Geor gia, and for other purposes.
HB 445. 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 in the County of Houston, and for other purposes.
HB 461. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act to create and establish the City Court of Decatur, and for other purposes.
HB 462. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act providing for the appoint ment of special Criminal Bailiffs in counties having a certain popula tion, and for other purposes.
HB 464. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A Bill to be entitled an Act to amend the Charter of the City of Stone Mountain, and for other purposes.
HB 483. By Messrs. Murr and Jones of Sumter:
A Bill to be entitled an Act Relative to zoning and planning for the City of Americus and Sumter County, and for other purposes.
HB 443. By Messrs. Potts and Stripling of Coweta:
A Bill to be entitled an Act to amend an Act relating to the regulation of the installation of warm air heating and equipment in counties with a certain population; and for other purposes.
HB 463. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act establishing the City of Avondale Estates; and for other purposes.
The Senate has passed by substitute by the requisite constitutional majority the following bill of the House to wit:
HB 413. By Messrs. Floyd and Weems of Chattooga:
A Bill to be entitled an Act creating the City Court of Chattooga 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 263. By Messrs. Land of Wilkinson and Gates of Burke:
A Bill to be entitled an Act to provide for the licensing of manufac turers, bottlers and distributors of bottled soft drinks and soft drink syrup; and for other purposes.
WEDNESDAY, FEBRUARY 15, 1956
1139
HB 327. By Mr. Harrison of Wayne:
A Bill to be entitled an Act to amend an Act providing for retirement benefits for ordinaries of Georgia; and for other purposes.
HB 363. By Messrs. Groover of Bibb and Lavender of Elbert:
A Bill to be entitled an Act to amend an Act relating to the definition of Optometry by providing a new definition therefor; and for other purposes.
HB 333. By Mr. Watson of Dougherty:
A Bill to be entitled an Act to amend an Act known as the Intangible Property Tax Act, and for other purposes.
HR 127. By Mr. Freeman of Monroe:
A Resolution compensating Early T. Grant for damages; and for other purposes.
HR 57. By Messrs. Killian and Nightingale of Glynn:
A Resolution to designate a portion of State Route #32 as the Harrell Highway; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the Senate to wit:
SB 51. By Senator Matthews of the 47th:
A Bill to be entitled an Act to amend the Act creating and establish ing a new charter for the City of Moultrie by providing that the water system, the electric system and the gas system of the City of Moultrie are public utilities as to all parts of said system outside of said city and as to the operation of said system outside of said city; and for other purposes.
SB 165. By Senator Florence of the 39th:
A Bill to be entitled an Act to amend an Act entitled "An Act to place the Clerk of the Superior Court, the Ordinary, the Tax Commissioner, and the Sheriff of Cherokee County on a salary basis in lieu of a fee basis; and for other purposes.
SB 166. By Senator Brooks of the 50th:
A Bill to be entitled an Act to amend an Act establishing the City Court of Lexington in the County of Oglethorpe; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bill of the Senate to wit:
SB 163. By Senators Harrison of the 17th and Turner of the 34th: A Bill to be entitled an Act to amend Code Section 88-105, relating to the
1140
JOURNAL OF THE HOUSE,
Director of Public Health as amended, so as to change the provisions as to the compensation of the Director; to repeal conflicting laws; 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 409. By Messrs. Stephens and Matthews of Clarke:
A Bill to be entitled an Act to amend an Act providing for the regis tration of motor vehicles and the issuance of motor vehicle license plates by the county tax collectors or county commissioners, so as to provide that the State Revenue Commissioner shall register and issue license plates by mail to qualified military persons residing out of the State, and for other purposes.
HR 202-561a. By Messrs. Groover of Bibb, Sheffield of Brooks and Harrison of Wayne:
A Resolution authorizing Board of Trustees of Retirement and Annuity and Benefit Fund to invest in Georgia Real Estate and for other pur poses.
HR 229-621d. By Mr. Barker of Heard:
A Resolution to compensate R. H. Jackson, Sidney Brazeal and Charles A. Stallings; and for other purposes.
SB 17. By Senator McDonald of the 43rd:
A Bill to be entitled an Act to amend an Act providing for fees of Clerks of the Superior Court, and for other purposes.
SB 119. By Senators Turner of the 34th and Harper of the 26th:
A Bill to be entitled an Act providing that all contracts agreeing to furnish ambulance service to any person in this State, shall be con strued as health and accident insurance contracts; and for other pur poses.
SB 155. By Senator Lovett of the 16th:
A Bill to be entitled an Act to provide that any person riding in a State Patrol car when not on official duty automatically waives all claims against the State in case of injury or damages; and for other purposes.
SB 161. By Senator Page of the 1st:
A Bill to be entitled an Act to amend an Act relating to the licensing of certain dentists of other States without examination; and for other purposes.
SR 30. By Senators Harden of the 27th, Overby of the 33rd:
A Resolution creating the "All South Centennial Committee of Georgia", and for other purposes.
WEDNESDAY, FEBRUARY 15, 1956
1141
SR 42. By Senator Millican of the 62nd:
A Resolution proposing an amendment to the Constitution authorizing the City of Atlanta to incur indebtedness for school purposes, and for other purposes.
By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Ways and Means, read the second time and recommitted:
SB 126. By Senators Strickland of the 3rd, and Matthews of the 47th:
A Bill to be entitled an Act to amend an Act relating to the levy of tax and exemptions codified from the "motor fuel tax law"; and for other purposes.
By Unanimous consent, the following Bill of the Senate was withdrawn from the Committee on General Education #2, read the second time and recommitted:
SB 164. By Senator Turner of the 34th: A Bill to be entitled an Act to be known as the "General Cemetery Act"; 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 152. By Messrs. Gates of Burke, McGarity of Henry, Bodenhamer of Tift, Fowler of Douglas, and Reed of Cobb: A Resolution to create a committee to study the dairy industry in Georgia; 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 207-587e. By Mr. Mashburn of Forsyth: A Resolution authorizing the State Librarian to furnish to the Supe rior Court of Forsyth County, without cost to said county, certain law books; and for other purposes.
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 103, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HB 590. By Messrs. Kilgore and Kelley of Gwinnett:
A Bill to be entitled an Act to amend an Act creating the City Court of Buford; and for other purposes.
1142
JOURNAL OP 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.
HR 211-608a. By Mr. Denmark of Liberty:
A Resolution authorizing and directing the State Librarian to furnish to the Judge of the City Court of Hinesville certain law books; and for other purposes.
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 105, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HB 610. By Mr. Groover of Bibb:
A Bill to be entitled an Act to amend an Act to create a pension system for the employees of the City of Macon; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 106, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 614. 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.
The report 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 615. 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 report of the committee which was favorable to the passage of the Bill, was agreed to.
WEDNESDAY, FEBRUARY 15, 1956
1143
On the passage of the Bill, the ayes were 108, nays 0.
The Bill having received the requisite constitutional majority, was passed.
HB 616. By Messrs. Lokey, M. Smith, and H. Smith of Fulton:
A Bill to be entitled an Act to amend an Act to incorporate the City of Hapeville; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 109, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 617. By Messrs. Mackay, McWhorter, and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act creating the Civil Court of DeKalb County; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 618. By Messrs. Foster and Blalock of Clayton:
A Bill to be entitled an Act to amend an Act incorporating the City of Lake City in the County of Clayton; and for other purposes.
The report 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 619. By Mr. Coker of Cherokee:
A Bill to be entitled an Act to repeal an Act to place the Clerk of the Superior Court, the Ordinary, the Tax Commissioner and the Sheriff of Cherokee County on a salary basis in lieu of a fee basis; and for other purposes.
The report 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.
1144
JOURNAL OP THE HOUSE,
The Bill, having received the requisite constitutional majority, was passed.
HB 621. By Mr. Souter of Macon:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenue for the County of Macon; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 113, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 625. By Mr. McGarity of Henry:
A Bill to be entitled an Act to amend an Act to provide for the regula tion of the installation of warm air heating equipment; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 77. By Senator Overby of the 33rd:
A Bill to be entitled an Act to amend an Act relating to the regulation of the installation of warm air heating equipment; and for other pur poses.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 105. By Senator Ponsell of the 5th:
A Bill to be entitled an Act to amend an Act relating to the regulation of the installation of warm air heating equipment; and for other pur poses.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
WEDNESDAY, FEBRUARY 15, 1956
1145
SB 118. By Senator Harper of the 26th:
A Bill to be entitled an Act to abolish city courts in certain counties having civil and criminal jurisdiction in such counties concurrent with the superior courts therein; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 117, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 124. By Senator Millican of the 52nd and Turner of the 34th:
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 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 129. By Senators Harde nof the 27th, Overby of the 33rd and Turner of the 34th:
A Bill to be entitled an Act to provide that the official court reporter of the Piedmont Judicial Circuit shall be compensated on a salary basis in lieu of all fees; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 119, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 138. By Senator Lovett of the 16th:
A Bill to be entitled an Act to provide that the Ordinary of Laurens County shall have a supplemental salary in addition to the fees and other compensation to which he is now entitled; and for other purposes.
The report 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.
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JOURNAL OF THE HOUSE,
SB 92. 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; and for other purposes.
The following amendment was read and adopted:
Messrs. Jones and Hogan of Laurens moves to amend SB 92 as follows:
By striking from the first sentence of Section 5 the word "March" and in lieu thereof inserting the word "April".
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.
SB 137. 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; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
Oh the passage of the Bill, the ayes were 122, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 140. By Senator Matthews of the 47th:
A Bill to be entitled an Act to provide that the compensation of the sheriff, the Clerk of the Superior Court and the Ordinary of Colquitt County shall be on a salary basis and to provide their compensation; and for other purposes.
The following amendment was read and adopted:
Mr. Short of Colquitt moves to amend SB 140 as follows:
By adding in the title after the word "Sheriff", the words "Tax
Collector, Tax Receiver," and
By adding in Section 1 after the word "Court", the words "the Tax Collector, the Tax Receiver," and
By adding a new Section to be known as Section 4A to read as follows:
"Section 4A. The Tax Collector of Colquitt County shall be compensated in the amount of $6000.00 per annum to be paid in equal monthly installments from the funds of Colquitt County.
WEDNESDAY, FEBRUARY 15, 1956
1147
Such compensation shall be all inclusive and the Tax Collector shall receive no other compensation for any service he performs in his official capacity."
By adding a new Section to be known as Section 4B to read as follows:
"Section 4B. The Tax Receiver of Colquitt County shall be compensated in the amount of $4800.00 per annum to be paid in equal monthly installments from the funds of Colquitt County. Such compensation shall be all inclusive and the Tax Receiver shall receive no other compensation for any service he performs in his official capacity."
By adding a new Section to be known as Section 4C to read as follows:
"Section 4C. Each officer designated herein is hereby author ized to employ the necessary deputies, assistants and clerical help for the transaction of the duties of such office, and the deputies, assistants and clerical help shall be compensated in an amount to be determined by the Governing Authority of Colquitt County and shall be paid form the funds of Colquitt County."
By adding after the word "Sheriff" in both places in which it appears in Section 7, the words "Tax Collector, Tax Receiver".
The report of the committee which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 123, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
SB 142. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act to provide that cities hav ing a certain population shall furnish pensions to all officers and em ployees of such cities who have served twenty-five years; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 124, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 144. By Senator Page of the 1st: A Bill to be entitled an Act to amend that certain Act known as the "Savannah District Authority Act"; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
1148
JOURNAL OP THE HOUSE,
On the passage of the Bill, the ayes were 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 149. By Senator Harrison of the 17th:
A Bill to be entitled an Act to amend an Act to create the Office of Tax Commissioner of Jenkins County; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 126, nays 0.
The Bill, having received the requisite constitutional majority was passed.
SB 150. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act to provide that counties having a certain population in which there is a county health depart ment, the Director of the Department of Public Health shall appoint one of the salaried employees of such department as local registrar; and for other purposes.
The report 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 357. By Messrs. Lokey, M. Smith, H. Smith, of Pulton, and Mackay, Rutland and McWhorter of DeKalb:
A Bill to be entitled an Act establishing a new charter for the City of Atlanta; and for other purposes.
The following amendments were read and adopted:
Messrs. M. Smith, H. Smith and Lokey of Pulton move to amend H. B. 357 by adding thereto the following: "The salary of the General Manager of the Water Works shall be increased by the amount of $900.00 per annum subject to increase or decrease by the Board of Aldermen".
Messrs. H. Smith, M. Smith and Lokey of Pulton moves to amend
HB 357 in the following particulars:
SECTION 1. By striking the first paragraph and sub-paragraph (a) of Section 6 and substituting the following therefor:
SECTION 6. Appointment of Judges. Whenever a vacancy shall occur in the office of presiding judge or associate judge of the Muniei-
WEDNESDAY, FEBRUARY 15, 1956
1149
pal Court, the Mayor shall fill such vacancy by appointing one of three persons who shall be nominated (and whose names shall be submitted to the Mayor) by a majority of the Judges of the Superior Court of Fulton County.
SECTION 2. By striking the second and third sentences in sub section (b) of Section 6, which sentences read as follows:
"Not less than 60 days prior to the holding of the Atlanta General Election next preceding the expiration of his term of office, any judge of such court may file in the office of the Clerk of the Board of Alder men a declaration of his candidacy for election to succeed himself. The name of any judge who shall file such a declaration shall be submitted at said next Atlanta General Election to the qualified voters of the city on a ballot or voting machine reading:" and by substituting in lieu thereof the following:
"Not less than 60 days prior to the holding of any city-wide primary for the nomination of city officers, any judge of such court may file in the office of the Clerk of the Board of Aldermen a declaration of his candidacy for election to succeed himself. Thereupon it shall be the duty of the Mayor and Board of Aldermen to call a special election to be held on the date of such primary on the questions hereinafter set forth. The name of any judge who shall file such a declaration shall be submitted at said special election to the qualified voters of the City of Atlanta on a ballot or voting machine reading:"
SECTION 3. By changing the little letter (b) in Section 6, at the beginning of sub-section (b) to the little letter (a) and by changing the little letter (c) at the beginning of sub-section (c) to the little letter (b).
The report of the committee which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 128, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:
SB 51. By Senator Matthews of the 47th:
A Bill to be entitled an Act to amend the Act creating and establishing a new charter for the City of Moultrie by providing that the water system, the electric system and the gas system of the City of Moultrie are public utilities as to all parts of said system outside of said city and as to the operation of said system outside of said city, and for other purposes.
Referred to the Committee on Municipal Government.
SB 165. By Senator Florence of the 39th: A Bill to be entitled an Act to amend an Act entitled an Act to place
1150
JOURNAL OF THE HOUSE,
the Clerk of the Superior Court, the Ordinary, the Tax Commissioner, and the Sheriff of Cherokee County on a salary basis in lieu of a fee basis; and for other purposes.
Referred to the Committee on Counties and County Matters.
SB 166. By Senator Brooks of the 50th:
A Bill to be entitled an Act to amend an Act establishing the City Court of Lexington in the County of Oglethorpe, and for other purposes.
Referred to the Committee on Municipal Government.
SB 163. By Senators Harrison of the 17th and Turner of the 34th:
A Bill to be entitled an Act to amend an Act relating to the Director of Public Health, so as to change the provisions as to the compensation of the Director, and for other purposes.
Referred to the Committee on State of Republic.
Under the regular order of business, the following Resolution of the House was taken up for consideration and read the third time:
HR 83-214h. By Messrs. Register and Mathis of Lowndes:
A RESOLUTION
Proposing to the qualified voters of Lowndes County, an amend ment to the Constitution of Georgia so as to provide for the election of members of the Lowndes County Board of Education by the people; to provide for the qualification, residence and term of office and num ber of said members of the Lowndes County Board of Education to be elected; proposing to the qualified voters of Lowndes County an amend ment to the Constitution of Georgia so as to provide for the selection and appointment of the Lowndes County School Superintendent by the Lowndes County Board of Education; to provide for the qualifications and term of office of the Superintendent; and to provide for the sub mission of this amendment to the qualified voters for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1.
That Article VIII, Section V, Paragraph I of the Constitution of the State of Georgia of 1945 is hereby amended by adding at the end thereof the following:
"The County Board of Education of Lowndes County shall be com posed of five citizens who are freeholders, who shall be elected by the qualified voters residing in that portion of Lowndes County which is now or may hereafter be under the jurisdiction of the Lowndes County Board of Education, and who shall be of good moral character, shall have a fair knowledge of the elementary branch of an English education, shall be favorable to the common school system, shall be qualified to vote for the members of the General Assembly of the State of Georgia,
WEDNESDAY, FEBRUARY 15, 1956
1151
and shall reside in that portion of Lowndes County which is outside the corporate limits of the City of Valdosta. The compensation of the members of the County Board of Education shall be as provided by law.
"From and after the ratification of this amendment, the Grand Jury of Lowndes County shall no longer select members of the Lowndes County Board of Education, provided that the members of the Board who shall be in office at the time of the ratification of this amend ment shall continue to hold office and perform all of the duties of Board members until the new members provided for by this amendment are duly elected and take office.
"The Ordinary of Lowndes County shall call an election within ten days after the ratification of this amendment, which election shall be held within twenty days from the day called, at which election five members of the Lowndes County Board of Education shall be elected and their terms of office shall begin on the first Tuesday of December, 1956. The person receiving the highest number of votes in this election shall be elected for a term of six years; the person receiving the second highest number of votes shall be elected for a term of four years; the person receiving the third highest number of votes shall be elected for a term of four years; the person receiving the fourth highest number of votes shall be elected for a term of two years; the person receiving the fifth highest number of votes shall be elected for a term of two years.
"Thereafter, the Board members shall be elected on the first Tuesday of November of each year in an election held by the Ordinary for that purpose, and the person or persons (where more than one office is to be filled) receiving the highest number of votes cast in said election shall be elected to serve for six years, and until his or their successors are duly elected and qualified. The person receiving the next highest number of votes in said election shall be elected to fill the office, if any, vacated during the year and shall succeed any mem ber who has for any reason vacated his term of office. If for any reason more than one office shall have been vacated during the year, as afore said, then and in that event the person receiving the next highest num ber of votes cast in said election shall be elected to fill the office of the next longest unexpired term in which there is a vacancy. The person so elected who shall receive the lowest number of votes of any person elected shall be elected for the shortest unexpired term in which there is a vacancy.
"Members elected to the Board of Education shall hold office dur ing the term to which they are elected and until their successors are duly elected and qualified.
"In the event of a vacancy on said Board by death or resignation of a member or from any cause other than the expiration of such member's term of office, the Board shall by secret ballot elect his suc cessor who shall hold office until the next regular Board-member elec tion, at which time the successor member of the Board shall be elected for the unexpired term.
"When and in the event the independent school district in and for the City of Valdosta merges with the Lowndes County School District and becomes a part thereof, five residents of the City of Valdosta quali fied to be members of the Lowndes County Board of Education shall be elected, in like manner and for like terms of office as other members
1152
JOURNAL OF THE HOUSE,
of the Lowndes County Board of Education; so that, thereafter, there shall be ten members of the Lowndes County Board of Education, five of whom shall be residents of the City of Valdosta. Thereafter the ten member Board of Education will be elected by the qualified voters of Lowndes County, including those residing within the corporate limits of the City of Valdosta. Provided, that the Valdosta Board of Education shall manage the schools under their jurisdiction until said additional five members of the Lowndes County Board of Education have been elected and qualified.
SECTION 2.
BE IT FURTHER RESOLVED by the authority aforesaid that Article VIII, Section VI, Paragraph I of the Constitution of the State of Georgia of 1945 be amended by adding thereto the following:
"The County School Superintendent of Lowndes County shall be selected and appointed by the County Board of Education for a term to be designated by the Board and he shall hold office until his suc cessor is selected, appointed and qualified; provided that from and after the ratification of this amendment, the voters shall no longer elect the Lowndes County School Superintendent, provided that the Superin tendent in office at the time of the ratification of this amendment shall serve until December 31, 1956, and until his successor is duly selected, appointed and qualified, as herein provided. The compensation of the Superintendent shall be as provided by law.
"The first Superintendent appointed under this amendment shall take office on January 1, 1957.
"Before any person shall be qualified or eligible to hold office as County School Superintendent of Lowndes County, he shall be a citizen of the United States, shall have had at least two years' practical experi ence in school administration during the five-year period immediately preceding his selection and appointment, and shall have completed a minimum of five years of college training and shall have graduated from an accredited college or University and shall hold the degree of Master of Arts or an equivalent Master's Degree with special training in school administration."
SECTION 3.
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 provided in Article XIII, Sec tion I, Paragraph I of the Constitution of the State of Georgia of 1945, as amended, for two months previous to the time of the general elec tion at which time the above proposed amendment shall be submitted for ratification or rejection to the electors of this State.
The ballot submitting the above proposed amendment shall have written or printed thereon the following: "For the ratification of the amendment to Article VIII, Section V, Paragraph I of the Constitution of the State of Georgia, and to Article VIII, Section VI, Paragraph I, of the Constitution of the State of Georgia, authorizing the election of the members of the Lowndes County Board of Education by the quali fied voters and for the selection and appointment of the County Super-
WEDNESDAY, FEBRUARY 15, 1956
1153
intendent of Schools of Lowndes County by said Board." "Against the ratification of the amendment to Article VIII, Section V, Paragraph I, and to Article VIII, Section VI, Paragraph I of the Constitution of the State of Georgia, authorizing the election of the members of the Lowndes County Board of Education by the qualified voters and for the selection and appointment of the County Superintendent of Schools of Lowndes County by said Board".
All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification.
If the people shall ratify such amendment by a majority of the electors qualified to vote voting thereon, such amendment shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor who shall, if such amendment be ratified, make proclamation thereof.
The following amendments were read and adopted:
The Lowndes delegation moves to amend HR 83-214h as follows:
Section 1. By striking from Section 1 thereof the following last three sentences now found in the fifth paragraph:
"The person receiving the next highest number of votes in said election shall be elected to fill the office, if any, vacated during the year and shall succeed any member who has for any reason vacated his term of office. If for any reason more than one office shall have been vacated during the year, as aforesaid, then and in that event the person receiving the next highest number of votes cast in said election shall be elected to fill the office of the next longest unexpired term in which there is a vacancy. The person so elected who shall receive the lowest number of votes of any person elected shall be elected for the shortest unexpired term in which there is a vacancy."
Section 2. By adding the following new paragraph after the first paragraph in Section 1:
"The following school subdivisions are created in the Lowndes County School District outside the corporate limits of the City of Valdosta. Not more than one member of the Lowndes County Board of Education may reside in any subdivision: Subdivision No. 1, the territory now comprising the Hahira Militia District; Sub division No. 2, the territory now comprising the Cat Creek Militia District outside the City of Valdosta; Subdivision No. 3, the ter ritory now comprising the Naylor Militia District; Subdivision No. 4, the territory now comprising the Lake Park Militia District and the Dasher Militia District; Subdivision No. 5, the territory now comprising the Clyattville Militia District and the Ousley Militia District."
The Lowndes Delegation moves to amend HR 13-412h by striking
from Section 1 the sentence that reads, "Thereafter, the Board Members
1154
JOURNAL OP THE HOUSE,
shall be elected on the first Tuesday of November of each year in an election held by the Ordinary for that purpose, and the person or per sons (where more than one office is to be filled) receiving the highest number of votes cast in said election shall be elected to serve for six years, and until his or their successors are duly elected and qualified."
and in lieu thereof substituting the words: "Thereafter, the Board members shall be elected on the first Tuesday of November of each year in which an election must be held by the Ordinary for the purpose of filling a term that has expired, and the persons or persons (where more than one office is to be filled) receiving the highest number of votes cast in said election shall be elected to serve for six years, and until his or their successors are duly elected and qualified.
The report of the committee which was favorable to the adoption of the Resolution, was agreed to, as amended.
On the adoption of the Resolution, as amended, the Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Ayers Bagby Barber of Jackson Barker Baughman Bentley Birdsong Black Blackburn
Blalock Bloodworth Bodenhamer Bolton Brannen Brown Caldwell Callier Campbell Cason Gates Chambers Chastain Cheatham Cocke Coker of Cherokee Coker of Walker Cornelius Cotton Cowart
Coxwell Deal
Dean of Rockdale Been of Bacon Denmark Denson Drinkard Duke Duncan Elder English Eyler Floyd Flynt Fordham Foster Fowler Freeman Frier Garrard Gilleland Gillis Green of Rabun Greene of Crisp Groover Gross of Dade Hall Hardaway Harrison of Wayne Hawkins Hayes Henderson Hendrix Hodges Holley
Ivey Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Lumpkin Jordan Kelley Kennedy of Tattnall
Kilgore King of Pike Land Larkins Lavender Lindsey Lokey Long Love Lowe Mackay Mallory Martin Mashburn Matheson of Hart Mathis of Lowndes
Mauldin McCracken McGarity McKelvey
McKenna Moore Mull Murphey of Crawford
WEDNESDAY, FEBRUARY 15, 1956
1155
Murphy of Haralson Murr Milan Pelham Perkins Pettey Phillips of Columbia Phillips of Walton Ramsey Raulerson Reed Register Rodgers Roughton Ruark Rutland
Sanders Scoggin Sheffield Singer Smith of Evans Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton Sognier Souter Stevens of Marion Stripling Tamplin Tanner Tarpley Todd
Truelove Twitty Underwood of Bartow Upshaw Watson Weems Williams Willingham Wilson of Towns Wilson of Peach Wooten Young Mr. Speaker
(Moate)
On the adoption of the Resolution, as amended, the ayes were 144, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted, as amended.
By unanimous consent, the House reconsidered its action in failing to pass the following Bill and Resolution of the House:
HB 435. By Messrs. Freeman of Monroe, and Blackhurn of Habersham:
A Bill to be entitled an Act to amend an Act creating the Minimum Foundation Program of Education in Georgia; and for other purposes.
HR 81-214f. By Messrs. Cheatham, Sognier and Eyler of Chatham, Chambers and Holley of Richmond and others:
A Resolution proposing an amendment to the Constitution providing the Courts of Ordinary shall have such powers in relation to roads, bridges, ferries, public buildings, paupers, county officers, county funds, county taxes, and other county matters as may be conferred on them by law; and for other purposes.
By unanimous consent, the following Bills of the Senate were withdrawn from the Committee on Insurance, read the second time and recommitted:
SB 58. By Senators Turner of the 34th, and Harper of the 26th:
A Bill to be entitled an Act to provide for the approval of all policies of insurance by the Insurance Commissioner; and for other purposes.
SB 99. By Senators Harper of the 26th and Turner of the 34th:
A Bill to be entitled an Act to amend an Act relating to participation by policy holders in the net profits of insurance companies; and for other purposes.
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JOURNAL OF THE HOUSE,
SB 100. By Senators Harper of the 26th, and Turner of the 34th:
A Bill to be entitled an Act to amend the Excess Insurance Agents Law so as to require the affidavits of licensed agents issuing said policy and of the insured therein provided for to be filed with the Insurance Com missioner within 60 days from the issuance of such policy instead of within 30 days therefrom as provided in said law; and for other pur poses.
Under the regular order of business the following Bills and Resolutions of the House were taken up for consideration and read the third time:
HR 191-531f. By Messrs. Blalock of Clayton, Coker of Cherokee, and Chastain of Thomas:
A Resolution to provide for the disposition of certain metal plates stored in the Capitol building; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the Speaker ordered the roll call and the yote was as follows:
Those voting in the affirmative were Messrs.:
Bagby Barker Baughman Bentley Birdsong Black Blackburn Blalock Bloodworth Bolton
Brannen Brown Callier Campbell Gates Chambers Chastain Cocke Coker of Cherokee Coker of Walker Cornelius Cotton Cowart Coxwell
Dean of Rockdale Deen of Bacon Denmark Denson Drinkard Duke Duncan Edenfield Elder English
Floyd Foster Fowler of Douglas Freeman Frier Garrard Gilleland Gillis Green of Rabun Groover Gross of Stephens Gross of Dade Hall Hardaway
Harrell Hayes Henderson Hodges Holley Huddleston Hudson Ivey Jackson Jessup
Johnson of Jenkins Johnson of Gilmer Jones of Lumpkin Jordan Kelley Kennedy of Tattnall Kilgore King of Pike Lam Larkins Lindsey Lokey Long Love
WEDNESDAY, FEBRUARY 15, 1956
1157
Lowe Mackay Martin Mashburn Matheson of Hart Mathis of Lowndes Matthews Mauldin McKelvey Moore Mull Murphey of Crawford Murphy of Haralson Murr
Nilan Parker
Pelham Perkins Peters Pettey Phillips of Columbia Phillips of Walton Raulerson Reed Register Rodgers Roughton Rutland Smith of Evans Hoke Smith of Fulton
M. M. Smith of Fulton Stevens of Marion
Tanner Tarpley Todd Truelove Turk Twitty Underwood of Bartow Underwood of
Montgomery Upshaw Weems Willingham Wilson of Towns Wilson of Peach
Wooten
Voting in the negative was Mr.: Deal
On the adoption of the Resolution, the ayes were 118, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted.
HB 601. By Messrs. Groover of Bibb and Blalock of Clayton:
A Bill to be entitled an Act to define criminal acts and to impose civil and criminal penalties with respect to the unauthorized possession, use custody, exchange, transportation, or concealment of any unauthorized, false, counterfeit forged or altered revenue stamp, and for other pur poses.
The following Committee substitute was read:
A BILL
To be entitled an Act to protect the revenues of the State of Georgia by defining certain articles as contraband; by providing for the seizure of contraband articles and conveyances used in connection with contra band articles; by providing criminal penalties for falsely evidencing the payment of any tax imposed by the revenue laws, or giving currency to any such false evidence, for possessing, transporting, or concealing any contraband article, for using any conveyance in connection with any contraband articles; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. (a) It shall be unlawful (1) to make, possess, or have in one's custody or control any contraband article; (2) to transport, carry, or convey, any contraband article in, upon, or by means of, any vessel, vehicle, aircraft, or other conveyance; (3) to conceal or possess any contraband articles in or upon any vessel, vehicle, aircraft, or other conveyance, or upon the person of anyone in or upon any vessel, vehicle,
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JOURNAL OF THE HOUSE,
aircraft, or other conveyance; or (4) to use any vessel, vehicle, aircraft, or other conveyance for the transportation, carriage, conveyance, con cealment, receipt, possession, purchase, sale, barter, exchange, or giving away of any contraband article.
(b) As used in this section, the term "contraband article" means: (1) any unauthorized, false, forged, altered, or counterfeit revenue stamp or marking, prima facie evidencing the payment of any tax im posed by the revenue laws of Georgia; and (2) any article, plate, die, stamp, machine, apparatus, or paraphernalia, or other device or material designed for use, intended to be used, or used in the making of any such unauthorized, false, forged, altered, or counterfeit revenue stamp or marking; (3) any article or property to which any unauthorized, false, forged, altered, or counterfeit revenue stamp or marking, evi dencing the payment of any tax imposed by the revenue laws of Georgia is attached or affixed.
Section 2. Any contraband article, as herein defined, or any vessel, vehicle, aircraft, or other conveyance which has been or is being used in violation of any provision of this Act, or in, upon, or by means of which any violation of this Act has taken or is taking place, shall be seized by any law enforcement officer or revenue officer of the State of Georgia, and shall be forfeited to and by the State Revenue Com missioner who shall direct the disposition or destruction of same as he may deem appropriate; Provided, That no vessel, vehicle, aircraft, or other conveyance used in the transaction of business as a common carrier shall be forfeited under the provisions of this Act unless it shall appear that (1) in the case of a railway car or engine, the owner, or (2) in the case of any other such vessel, vehicle, aircraft, -or other conveyance, the owner or the master of such vessel, or the owner or conductor, driver, pilot, or other person in charge of such vehicle, aircraft, or other con veyance, was at the time of the alleged illegal act a consenting party or privy thereto: Provided further, That no vessel, vehicle, aircraft or other conveyance shall be forfeited under the provisions of this Act by reason of any act or omission shown by the owner thereof to have been committed or omitted by any person other than such owner while such vessel, vehicle, aircraft, or other conveyance was unlawfully in the pos session of a person who acquired possession thereof in violation of the criminal laws of the United States, or of any State.
Section 3. Any person who with intent to defraud, unauthorizedly makes, falsifies, forges, alters, or counterfeits any revenue stamp or marking, prima facie evidencing the payment of any tax imposed by the revenue laws of Georgia, shall be guilty of a felony and upon con viction thereof shall be punished by a fine of not more than $5,000 or imprisoned for not less than one (1) year nor more than ten (10) years, or both.
Section 4. Any person who with knowledge passes, publishes, utters, or gives currency to, any unauthorized, false, forged, altered, or counterfeit revenue stamp or marking, prima facie evidencing the pay ment of any tax imposed by the revenue laws of Georgia, shall be guilty of a felony and upon conviction thereof shall be punished by a fine of not more than $5,000 or imprisoned for not less than one (1) year nor more than ten (10) years, or both.
Section 5. Any person who possesses or has custody of any contra-
WEDNESDAY, FEBRUARY 15, 1956
1159
band article as defined in this Act shall be guilty of a felony and upon conviction thereof shall be punished by a fine of not more than $5,000 or imprisoned for not less than one (1) year nor more than ten (10) years, or both.
Section 6. Any person who transports, carries or conveys any con traband article in, upon, or by means of, any vessel, vehicle, aircraft, or other conveyance shall be guilty of a felony and upon conviction thereof shall be punished by a fine of not more than $5,000 or imprisoned for not less than one (1) year nor more than ten (10) years, or both.
Section 7. Any person who conceals, or possesses any contraband article in or upon any vessel, vehicle, aircraft, or other conveyance or upon the person of anyone in or upon any vessel, vehicle, aircraft, or other conveyance shall be guilty of a felony and upon conviction thereof shall be punished by a fine of not more than $5,000 or imprisoned for not less than one (1) year nor more than ten (10) years, or both.
Section 8. Any person who uses any vessel, vehicle, aircraft, or other conveyance for the transportation, carriage, conveyance, conceal ment, receipt, possession, purchase, sale, barter, exchange, or giving away of any contraband article, shall be guilty of a felony and upon conviction thereof shall be punished by a fine of not more than $5,000 or imprisoned for not less than one (1) year nor more than ten (10) years, or both.
Section 9. All laws and parts of laws in conflict with this Act are hereby repealed.
The following amendment was read and adopted:
Mr. Groover of Bibb moves to amend the Substitute to HB #601 by striking the words and figures "10 years" in Section three, four, five, six, seven and eight and inserting in lieu thereof the words and figures "3 years".
The Substitute, as amended, was adopted.
The previous question was ordered.
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.
HB 502. By Messrs. Eyler, Sognier, and Cheatham of Chatham:
A Bill to be entitled an Act to amend the Code of Georgia, relating to violation of the law by Billiard Room Licenses; and for other purposes.
The previous question was ordered.
1160
JOURNAL OF THE HOUSE,
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the Speaker ordered the roll call and the vote was as follows:
Among those voting in the affirmative were Messrs.:
Alien Ayers Bagby Barber of Colquitt Barker Baughman Birdsong Blackburn Blalock
Bloodworth Bodenhamer Bolton Brannen Brown Caldwell Campbell Gates Chambers Chastain Cheatham
Cloud Cocke Coker of Walker Cornelius Cotton Coxwell Deal Dean of Rockdale Deen of Bacon Denmark Denson Drinkard Duncan
Elder English
Eyler Ployd Fordham
Foster Freeman Frier Gilleland Gillis Green of Rabun Greene of Crisp Gross of Stephens Gross of Dade Gunter Hall Harrell Hawkins Hayes Hodges Holley Hudson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Lumpkin Jordan Kelley Kennedy of Turner Kilgore King of Pike Land Lavender Lindsey Lokey Long Lowe Mallory Mashburn Matheson of Hart Mathis of Lowndes Mauldin McCracken
McKelvey Moore Mull Murphey of Crawford Murphy of Haralson Murr Odom Parker Peacock Peters Pettey Phillips of Columbia Raulerson Register Rodgers Roughton Rowland Ruark Sanders Short Smith of Evans Hoke Smith of Fulton M. M. Smith of Fulton Sognier Souter Strickland Tanner Todd Twitty
Underwood of Bartow Upshaw Weems Williams Willingham Wilson of Towns Wilson of Peach
Among those voting in the negative were Messrs.:
Barber of Jackson Carlisle
Fowler of Douglas Groover
McKenna
On the passage of the Bill, the ayes were 112, nays 5.
WEDNESDAY, FEBRUARY 15, 1956
1161
The Bill, having received the requisite constitutional majority, was passed.
The Bill was ordered immediately transmitted to the Senate.
HR 227-621b. By Messrs. Mauldin of Gordon and Scoggin of Floyd:
A Resolution to authorize the Governor of Georgia to declare the present National Guard Armory and Warehouse located in Calhoun, Gordon County, obsolete; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the adoption of the Reso lution, was agreed to.
On the adoption of the Resolution, the Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Ayers Bagby Barber of Colquitt Barber of Jackson Barker Baughman Birdsong Blalock Bloodworth Bodenhamer Bolton Brannen Brown Caldwell Campbell Carlisle Gates Chambers Cocke Coker of Cherokee Coker of Walker Cornelius Cowart Coxwell Deal Dean of Rockdale Deen of Bacon Denmark Denson Drinkard Duke Edenfield
Elder English Eyler Foster Fowler of Douglas Freeman Frier Garrard Gilleland Gillis Greene of Crisp Grimsley Groover Gross of Stephens Gross of Dade Gunter Hall Hardaway Harrell Harrison of Jeff Davis Harrison of Wayne Hayes Henderson Hodges Hogan Holley Huddleston Hudson Ivey Jackson Jessup Johnson of Jenkins
Johnson of Gilmer Jones of Lumpkin Jones of Laurens Jordan Kennedy of Tattnall Killian Kitchens Larkins Lindsey Long Lowe Mallory Matheson of Hart Mathis of Lowndes Mauldin McCracken McGarity McKelvey McKenna Moore Moorman Mull Murphey of Crawford Murphy of Haralson Murr Nightingale Nilan Odom Parker Peacock Pelham Perkins
1162
JOURNAL OF THE HOUSE,
Peters Pettey Phillips of Columbia Raulerson
Ray Register Roughton Rowland Ruark Rutland Sanders
Short Smith of Evans Hoke Smith of Fulton Souter Stevens of Marion Strickland Tamplin Tanner Tarpley Todd Turk
Twitty Upshaw Weems Williams Willingham Wilson of Towns Wilson of Peach Wooten Young
On the adoption of the Resolution, the ayes were 127, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
The Resolution was ordered immediately transmitted to the Senate.
HR 230-621e. By Messrs. Mauldin of Gordon and Scoggin of Floyd:
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the Speaker ordered the roll call and the vote was as follows:
Among those voting in the affirmative were Messrs.:
Ayers Bagby Barber of Jackson Barker Baughman Birdsong Blalock Bloodworth Bodenhamer Bolton Brannen Brown Caldwell Campbell Carlisle Gates Chambers Cloud Cocke Coker of Cherokee
Coker of Walker Cornelius Cotton Coxwell Deal Dean of Rockdale Deen of Bacon Denmark Denson Duke Edenfield Elder English Eyler Floyd Foster Fowler of Douglas Freeman Frier Garrard
Gilleland Gillis Green of Rabun Greene of Crisp Grimsley Gross of Stephens Gross of Dade Gunter Hall Hardaway Hayes Henderson Hodges Hogan Huddleston Hudson Ivey Jackson Jessup Johnson of Jenkins
WEDNESDAY, FEBRUARY 15, 1956
1163
Johnson of Gilmer Jones of Lumpkin Jones of Laurens Jordan Kelley Kennedy of Tattnall Kilgore Killian Kitchens Lindsey Long Lowe Mackay Mallory Matheson of Hart Mathis of Lowndes Mauldin McCracken McGarity McKelvey McKenna Mincy
Moore Moorman Mull Murphey of Crawford Murphy of Haralson Murr Nightingale Nilan Odom Parker Peacock Pelham Perkins Peters Pettey Raulerson Ray Register Rowland Rutland Sanders Smith of Evans
Souter Stevens of Marion Strickland Tamplin Tanner Tarpley Todd Truelove Turk Twitty Underwood of Bartow Underwood of
Montgomery Upshaw Weems Willingham Wilson of Towns Wilson of Peach Wooten Young
On the adoption of the Resolution, the ayes were 123, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
The Resolution, was ordered immediately transmitted to the Senate.
HB 503. By Messrs. Eyler and Sognier of Chatham:
A Bill to be entitled an Act to repeal the Code of Georgia relating to the sale of unclaimed laundry and cleaning at public outcry; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Ayers Bagby Barber of Jackson Barker Baughman
Birdsong Blackburn Blalock Bloodworth Bodenhamer Bolton
Brannen Brown Caldwell Callier Campbell Carlisle
1164
JOURNAL OP THE HOUSE,
Gates Chambers Cheatham Cocke Coker of Cherokee Coker of Walker Cornelius Cotton Cowart Coxwell Deal Dean of Rockdale Deen of Bacon Denmark Denson Drinkard Duke Edenfield Elder English Eyler Floyd Fordham Fowler of Douglas
Freeman Frier Garrard Gilleland Gillis Greene of Crisp Grimsley Groover Gross of Stephens Gross of Dade
Gunter Hall Hardaway Harrell
Harrison of Jeff Davis Harrison of Wayne Hayes Henderson Hendrix Hodges Holley Huddleston Hudson Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Lumpkin Jordan Kelley Kennedy of Turner Killian Kitchens Land Larkins Lindsey Long Lowe Mallory Matheson of Hart Mathis of Lowndes Mauldin McCracken McGarity
McKelvey McKenna Moore Mull
Murphey of Crawford Murphy of Haralson Murr Odom Parker
Peacock Peters Pettey Phillips of Columbia Raulerson Ray Register Roughton Rowland Sanders Smith of Evans Sognier Strickland Tamplin Tarpley Todd Twitty Upshaw Weems Williams Wilson of Towns Wilson of Peach Young
Those voting in the negative were Messrs.:
King of Pike
Pelham
Stevens of Marion
On the passage of the Bill, the ayes were 118, nays 3.
The Bill, having received the requisite constitutional majority, was passed.
The Bill was ordered immediately transmitted to the Senate.
The following Bills of the House were taken up for the purpose of considering the Senate amendments thereto:
HB 263. By Messrs. Land of Wilkinson, Gates of Burke and others:
A Bill to be entitled an Act to provide for the licensing of manufacturers, bottlers and distributors of bottled soft drinks and soft drink syrup; and for other purposes.
WEDNESDAY, FEBRUARY 15, 1956
1165
The following Senate amendment was read:
Senator Millican of the 52nd moves to amend HB 263 by adding in the title before the clause, "to repeal conflicting laws", the words, "to provide for exceptions; to provide for the bottling of chocolate milk or chocolate drinks"; and by striking Section 8 and in lieu thereof inserting the following:
"Section 8. Any dairy or milk processing or distributing plant licensed under other laws of the State of Georgia shall not be re quired to obtain the license provided herein but shall be subject to all other provisions of this Act."
and by renumbering Section 9 as Section 10;
and by inserting a new Section to read:
"Section 9. No person licensed under the provisions of this Act and no dairy or milk processing or distributing plant licensed under other laws of this State shall manufacture any chocolate' milk or chocolate drink by the use of other than Grade A fluid milk or Grade A fluid skim milk."
Mr. Lindsey of Spalding moved that the House agree to the Senate amendment to H.B. 263.
On the motion to agree, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alien Ayers Bagby Barber of Jackson Baughman Birdsong Black Blalock Bloodworth Bodenhamer Bolton Brannen Caldwell Carlisle Gates Chambers Chastain Cocke Coker of Cherokee Coker of Walker Cornelius Cotton Cowart Coxwell Deal Deen of Bacon
Denmark Denson Duke Edenfield Elder English Eyler Floyd Flynt Fordham Foster Fowler of Douglas Freeman Frier Garrard Gilleland Gillis Green of Rabun Greene of Crisp Grimsley Groover Gross of Stephens Gross of Dade Hardaway Harrell Harrison of Wayne
Hayes Henderson Hendrix Hodges Hogan Houston Huddleston Hudson
Ivey
Jackson Jessup Johnson of Gilmer Jones of Worth Jones of Lumpkin Jones of Laurens Jordan Kelley Kennedy of Tattnall King of Whitfield King of Pike Kitchens Larkins Lavender Lindsey Love Lowe
1166
JOURNAL OF THE HOUSE,
Mackay Mallory Matheson of Hart Mathis of Lowndes Matthews Mauldin McGarity McKelvey McKenna McWhorter Moore Moorman Mull Murphey of Crawford Murphy of Haralson Murr
Nightingale Parker Peacock Pelham Peters Pettey Phillips of Columbia Phillips of Walton Potts Ray Reed Roughton Rowland Ruark Sanders Short
Smith of Evans Stevens of Marion Stripling Tamplin Tanner Todd Turk Twitty Watson Weems Willingham Wilson of Towns Wilson of Peach Wooten Young
On the motion to agree, the ayes were 125, nays 0.
The Senate amendment was agreed to.
HB 363. By Messrs. Groover of Bibb and Lavender of Elbert:
A Bill to be entitled an Act to amend an Act relating to the definition of Optometry by providing a new definition therefor; and for other purposes.
The following Senate amendment was read:
Senator Dews of the 9th moves to amend HB 363 by omitting the word "Learned" as it appears in line 6 of Section 1.
Mr. Lavender of Elbert moved that the House disagree to the Senate amend ment to HB 363, and the motion prevailed.
Under the regular order of business, the following Bills were taken up for consideration and read the third time:
HB 624. By Mr. Lanier of Candler and Smith of Evans:
A Bill to be entitled an Act to amend an Act regulating the feeding of garbage to livestock; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority was passed.
WEDNESDAY, FEBRUARY 15, 1956
1167
The Bill was ordered immediately transmitted to the Senate.
HB 607. By Mr. Groover of Bibb:
A Bill to be entitled an Act to create a Public Safety Council and for other purposes.
The House was resolved into a Committee of the Whole House to consider HB #607, and the Speaker designated Mr. Twitty of Mitchell as the Chairman thereof.
The Committee of the Whole House arose and through its Chairman reported HB 607 back to the House with the recommendation that it "do pass".
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the Speaker ordered the roll call and the vote was as follows:
Among those voting in the affirmative were Messrs.:
Adams
Ayers Barker Baughman Birdsong Black Blalock
Bloodworth Bodenhamer Bolton Brennen Brown Caldwell Carlisle
Chambers Chastain Cheatham Cloud Coker of Cherokee Coker of Walker Cornelius Cotton Cowart Coxwell Deal Dean of Rockdale Deen of Bacon
Denmark Denson Drinkard Duke Elder English Eyler Floyd Flynt Foster Frier Gilleland Gillis Greene of Crisp Grimsley Groover Gross of Stephens Gross of Dade Hall Harrell Harrison of Wayne
Hayes Hendrix
Hodges Hogan Houston Hudson
Hurst
Ivey
Jackson Jessup Johnson of Gilmer Jones of Worth Jones of Lumpkin Jones of Laurens Jordan Kelley Kennedy of Turner Kennedy of Tattnall King of Whitfield Lam Land Larkins Lindsey Lokey Long Love Mackay Mallory Mashburn Matheson of Hart Mathis of Lowndes
Mauldin McGarity
1168
JOURNAL OF THE HOUSE,
McKelvey McKenna McWhorter Mincy Moore Moorman Mull
Murphey of Crawford Nilan Odom Parker Pelham Perkins Pettey Phillips of Columbia
Phillips of Walton Potts Raulerson Reed Register Rodgers Roughton
Rowland Ruark Russell Rutland Sheffield Smith of Evans Hoke Smith of Fulton M. M. Smith of Fulton
Tanner Tarpley Todd Truelove Twitty Underwood of Bartow Underwood of
Montgomery Upshaw Watson Weems Willingham Wilson of Peach Wooten Young
Among those voting in the negative were Messrs.:
Bagby Edenfield Fowler of Douglas
Garrard Green of Rabun Matthews
Murphy of Haralson Ray Tamplin
On the passage of the Bill, the ayes were 125, nays 9.
The Bill, having received the requisite constitutional majority, was passed.
HR 75. By Messrs. Coker of Cherokee and Mashburn of Forsyth:
A Resolution to create a Hospital Care Study Commission; and for other purposes.
The following amendment was read and adopted:
The Committee moves to amend HR 75, as follows:
By striking the last paragraph thereof in its entirety, and inserting in lieu thereof the following:
"BE IT FURTHER RESOLVED, that the commission herein created shall be appointed by the Governor within sixty (60) days after the passage of this Resolution, and that the membership of this commission shall be composed of the following: The Director of Public Health, ex-officio, as Chairman; the Director of Public Welfare, ex-officio, as Vice-Chairman; the Director of the Maternal and Infant Welfare Division of the State Health Department; three physicians nominated by the Medical Association of Georgia repre senting the major medical specialties; two county commissioners nominated by the Georgia Association of County Commissioners; two trustees of hospital governing boards nominated by the Georgia Association of Hospital Governing Boards; two hospital adminis trators nominated by the Georgia Hospital Association; and such other members as the Governor, in his wisdom, may decide to add to the list. The Commission shall elect a Secretary, who shall keep all records and proceedings of all meetings. A majority of the appointed members shall constitute a quorum for the transaction of all business."
WEDNESDAY, FEBRUARY 16, 1956
1169
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the adoption of the Resolution, as amended, was agreed to.
On the adoption of the Resolution, as amended, the ayes were 110, nays 3.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
The Resolution, 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:
HB 322. By Mr. Tarpley of Union:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety for Georgia; and for other purposes.
The following amendments were read and adopted:
Messrs. Tarpley of Union and Murr of Sumter moves to amend HB 322 as follows:
By striking from Line 4 of Paragraph 3 of Section 1, the words "After the expiration of six months from the date of last such revo cation,"
and by striking the entire last sentence of Section 1, so that said paragraph as amended shall read as follows:
"Except as hereinafter provided, no license shall be issued at any time to a person whose learner's, operators or chauffeur's license has been three times revoked for cause. Any person whose license has been three times so revoked may, thereafter file a written request with the Director of the Department of Public Safety or his authorized designated agent, asking for a hearing for the pur pose of determining whether a license shall be issued to such person. It shall be the duty of the Director or his said agent to hold a hear ing for such purpose within not less than fifteen (15) nor more than thirty (30) days from the date of the filing of such request. Such person shall be given at least five (5) days notice of the date of such hearing. Such hearing shall be had under such conditions as may be prescribed by the Director or said agent, and shall be on as informal basis as possible, consistent with an orderly hearing. Such person shall be allowed to furnish information, testimony and evidence to the effect of his reformation, and in the event the Direc tor or said agent decides that such person is now capable of oper ating a motor vehicle with safety, and feels that such person should be issued a license, he shall issue an order to that effect, whereupon the license may be issued to such person."
1170
JOURNAL OF THE HOUSE,
SECTION 2.
All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Bagby of Paulding moves to amend HB 322 by adding at the end of the word "person" in line 7 of the printed Bill the following words: "and provided such hearing may not be had except upon recom mendation of thet presiding Judge who imposed sentence in the last conviction."
A Committee amendment was read and ruled out of order.
The Clerk was directed to correct certain typographical errors in the amend ments.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Ayers Bagby Baughman Bentley Blalock Bloodworth Brannen Brown Callier Carlisle Chambers Cloud Cocke Coker of Cherokee Cornelius Cotton Cowart Coxwell Deal Deen of Bacon Denson Drinkard Elder Eyler
Floyd Foster Fowler of Douglas Frier Garrard Gilleland Greene of Crisp Groover Gross of Dade Gunter Hall Hardaway Harrell Harrison of Wayne Hawkins Henderson Hogan Holley Hudson Hurst Jackson Jones of Worth Jones of Lumpkin Jones of Laurens Jordan Kelley
Kennedy of Turner Key Kilgore Killingsworth King of Whitfield Kitchens Larkins Lindsey Long Lowe Mallory Mashburn Matheson of Hart Mathis of Lowndes Matthews Mauldin McCracken McGarity McKenna Mincy Moore Moorman Mull Murphey of Crawford Murphy of Haralson Murr
WEDNESDAY, FEBRUARY 15, 1956
1171
Musgrove
Nilan Odom Parker Peacock Pelham Perkins Peters
Pettey Phillips of Columbia Ray Reed
Rodgers Roughton Rowland Sanders Singer Sivell Smith of Evans Souter Stephens of Clarke
Stevens of Marion Stewart Strickland
Tamplin Tanner Tarpley Truelove Twitty Underwood of Bartow Upshaw Veal Weems Willis Wooten Young
Those voting in the negative were Messrs.:
Black Bolton Campbell Coker of Walker
English Fowler of Tift Freeman Lam
McKelvey Potts Stripling
On the passage of the Bill, as amended, the ayes were 114, nays 11.
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 Bills of the House were taken up for consideration and read the third time:
HB 239. By Messrs. Stripling of Coweta, Groover of Bibb and others:
A Bill to be entitled an Act to authorize the Attorney General to order any Solicitor-General to advise, counsel or represent certain officials and em
ployees; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
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:
1172
JOURNAL OF THE HOUSE,
HB 561. By Messrs. Duke and Massee of Baldwin:
A Bill to be entitled an Act to amend an Act creating a system of Juve nile Courts in this State; and for other purposes.
The following substitute was read:
A BILL
To be entitled an Act to amend an Act creating a system of juvenile courts in this State, approved February 19, 1951 (Ga. Laws 1951, p. 291) as amended, so as to provide that the release or parole of any juvenile committed to any state training school shall be with the con currence and recommendation of the Superintendent and Director there of; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act creating the juvenile court system in this State, approved February 19, 1951 (Ga. Laws 1951, p. 291) as amended, is hereby amended by adding to Section 22 thereof, the following:
"Provided, however, that the release or parole of any juvenile committed to any State Training School under the terms of this Act shall be with the concurrence and recommendation of the Super intendent or Director thereof."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
The following amendment to the Substitute was read and adopted:
Mr. Bagby of Paulding moves to amend the substitute to HB 561 by striking from the last line of Section 1 thereof the words "or Director".
The Substitute, as amended, was adopted.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to, by substitute, as amended.
On the passage of the Bill, by substitute, as amended, Mr. Duke of Baldwin 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 Alien Bagby Barber of Jackson
Baughman Bentley Blalock Bloodworth
Brannen Brown Campbell Carlisle
WEDNESDAY, FEBRUARY 15, 1956
1173
Chastain Cloud Cocke Coker of Cherokee Coker of Walker Cornelius Cotton Cowart Dean of Rockdale Deen of Bacon Denmark Denson Duke Elder English Eyler Fain Floyd Flynt Foster Fowler of Douglas Freeman Garrard Gilleland Gillis Green of Rabun Greene of Crisp Grimsley Groover Gross of Stephens Gross of Dade Hall Hardaway Harrell Hawkins Hendrix Hodges
Hudson Hurst Jackson Jessup Jones of Lumpkin Jones of Laurens Kelley Kennedy of Turner Key Kilgore Killian Killingsworth Kitchens Lam Lanier Lindsey Long Lowe Mackay Martin Mashburn Matheson of Hart Mathis of Lowndes Matthews Mauldin McCracken McKelvey McKenna McWhorter Moore Moorman Mull Murphey of Crawford Murphy of Haralson Musgrove Odom Parker
Peacock Peters Pettey Phillips of Columbia Phillips of Walton Pickard Potts Raulerson Ray Roughton Rowland Ruark Rutland Scoggin Smith of Evans Smith of Emanuel M. M. Smith of Fulton Souter Stephens of Clarke Stewart Strickland Stripling Tamplin Tanner Tarpley Todd Underwood of Bartow Underwood of
Montgomery Upshaw Veal Weems Willis Wilson of Towns Wilson of Peach Wooten Young
Those voting in , the negative were Messrs. :
Ayers Black Caldwell Chambers Drinkard
Johnson of Jenkins Johnson of Gilmer Jones of Worth Mallory Perkins
Reed Sognier Twitty
On the passage of the Bill, by substitute, as amended, the ayes were 121, nays 13.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
The Bill was ordered immediately transmitted to the Senate.
The Speaker announced the House recessed until 1:00 o'clock, P. M.
1174
JOURNAL OP THE HOUSE,
AFTERNOON SESSION
1:00 o'clock, P. M.
The Speaker called the House to order.
The following Resolutions of the House and Senate were read and adopted:
HR 242. By Messrs. Lam of Troup, Hodges of Butts, and Freeman of Monroe;
A Resolution wishing Honorable Frank Birdsong, Representative from Troup County a happy birthday; and for other purposes.
HR 243. By Messrs. Dean of Rockdale, Ivey of Newton, Coker of Cherokee, and Matthews and Stephens of Clarke:
A Resolution extending the Honorable Herbert T. Jenkins, Lieutenant E. V. Forrester and Patrolman B. F. Raines, and the entire Atlanta Police Force, its sincere thanks for the many kindnesses shown the members of the Legislature, and for their efforts in helping make our visit in the Capital City most pleasant; and for other purposes.
HR 244. By Messrs. Key of Jasper, and Kitchens of Twiggs:
A Resolution to offer the General Assembly's sincere thanks and appre ciation to the Southern Bell Telephone Company and to Mrs. Nellie Deatz, supervisor, Mrs. Sara Frances Martin and Miss Gwendolyn Brown for the services rendered during this Session of the General Assembly; and for other purposes.
HR 245. By Messrs. Groover of Bibb, Matheson of Hart, Bagby of Paulding, and Lokey of Fulton:
A Resolution proposing that the Georgia House of Representatives go on record as requesting the people of Georgia to support the Demo cratic Party; and for other purposes.
HR 246. By Messrs. Potts and Stripling of Coweta, and Harrison of Wayne:
A Resolution thanking the Board of County Commissioners of Coweta County and Warden of Coweta County; and for other purposes.
HR 247. By Mr. Duke of Baldwin:
A Resolution relative to compensation resolutions; and for other pur poses.
SR 48. By Senators Hardin of the 27th, Davis of the 42nd, Dykes of the 14th, and Coffin of the llth:
A Resolution relative to the preservation of certain Historic Property; 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:
WEDNESDAY, FEBRUARY 15, 1956
1175
HB 623. By Messrs. Groover and McKenna of Bibb:
A Bill to be entitled an Act to amend an Act which Act makes pro visions for coverage of certain officers and employees of political sub divisions of the State under the old-age and survivors insurance pro visions; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Ayers Barker Baughman Birdsong Black Blackburn Bloodworth Brannen Caldwell Callier Carlisle Gates Chambers Chastain Cheatham Cocke Coker of Cherokee Coker of Walker Cornelius Cotton Cowart Coxwell Deen of Bacon Denmark Drinkard Duncan Edenfield Elder English Eyler Fain Floyd Flynt
Fordham Foster Fowler of Douglas Freeman Frier Gilleland Green of Rabun Greene of Crisp Grimsley Groover Gross of Stephens Gross of Dade Gunter Hardaway Harrison of Wayne Hawkins
Hayes Hendrix Hodges Holley Houston Hudson Hurst Ivey Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Laurens Kennedy of Turner Kennedy of Tattnall
Key Killian Killingsworth King of Whitfield
Lam Land Lanier Lindsey Long Love Lowe Mackay Mallory Mashburn Mathis of Lowndes McCracken McGarity McKelvey McKenna Moore Moorman Murphey of Crawford
Murr Musgrove Nightingale
Odom Parker Peacock Pelham Perkins Peters Phillips of Columbia Phillips of Walton
Register Roughton Rutland Scoggin Smith of Evans Smith of Emanuel
1176
JOURNAL OP THE HOUSE,
M. M. Smith of Fulton Souter Strickland Stripling Tarpley
Todd Truelove Underwood of Bartow Veal Watson
Weems Wheeler Willis Wilson of Peach Young
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.
HB 237. By Messrs. Stripling of Coweta, Willingham of Cobb, and Groover of Bibb:
A Bill to be entitled an Act to amend an Act relating to abandonment of children and the penalty therefor, so as to provide that said Act shall apply to illegitimate children; and for other purposes.
The following amendment was read and adopted:
Mr. Stripling of Coweta moves to amend HB 237 by adding the words in the fourth line of Section 1 "and also in the fourth line of the same" after the words "second line of said section; and by adding the words "either legitimate or illegitimate" in the fourth line of the Section as amended.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Ayers Barber of Jackson Barker Baughman Birdsong Black Blackburn Blalock Bloodworth Caldwell Callier Campbell
Carlisle Chambers Chastain Cloud Cocke Coker of Walker Cornelius Cotton Cowart Coxwell Deal Deen of Bacon Denmark Duncan
Elder English Eyler Plynt Pordham Poster Frier Garrard Gilleland Gillis Green of Rabun Greene of Crisp Grimsley Groover
WEDNESDAY, FEBRUARY 15, 1956
1177
Gunter Hall Hardaway Harrison of Jeff Davis Harrison of Wayne Hawkins Hayes Hendrix Hodges Holley
Houston Hudson Ivey Johnson of Jenkins Johnson of Gilmer Jones of Worth Jones of Laurens Kelley Kennedy of Turner Kennedy of Tattnall Key Killian King of Whitfield Lam Lavender
Lokey
Long Love Mackay Mashburn Mathis of Lowndes MeCracken McGarity McKelvey
McKenna Mincy Moorman Nightingale Odom Parker Peacock Pelham Perkins Peters Pettey Phillips of Columbia Phillips of Walton Potts Raulerson Ray
Register Roughton Ruark Rutland
Sanders Scoggin Smith of Evans Smith of Emanuel Souter Strickland Stripling Tarpley Todd Truelove Twitty Underwood of
Montgomery Upshaw Veal Watson Wheeler Willis Wilson of Peach
Those voting in the negative were Messrs.:
Bagby Murphy of Haralson
Sivell Underwood of Bartow
Weems Young
On the passage of the Bill, as amended, the ayes were 114, nays 6.
The Bill, having received the requisite constitutional majority, was passed, as amended.
The Bill was ordered immediately transmitted to the Senate.
HB221. 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.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the Speaker ordered the roll call and the vote was as follows:
1178
JOURNAL OF THE HOUSE,
Those voting in the affirmative were Messrs.:
Adams Ayers Barber of Jackson Baughman Bentley Birdsong Black Blackburn Blalock Bloodworth Brannen Caldwell Callier Campbell Carlisle Chastain Cheatham Cloud Coker of Walker Cornelius Cotton Cowart CoxwcH Deal Deen of Bacon Denmark Duke Duncan Elder English Eyler Floyd Flynt Fordham Foster Freeman Frier Gilleland Gillis
Greene of Crisp Groover Gross of Stephens Gross of Dade Gunter Hardaway Harrell Harrison of Wayne Hawkins Hayes Hendrix Hodges Houston Huddleston Hudson Hurst Ivey Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Worth Jones of Laurens Kelley Kennedy of Turner Kennedy of Tattnall Kilgore King of Whitfield Lindsey Long Love Mackay Mashburn Mathis of Lowndes McCracken McGarity McKelvey McKenna Mincy
Moorman
Murphey of Crawford Musgrove Odom Parker Peacock Pelham Perkins Peters Pettey Phillips of Columbia Potts Raulerson Ray Reed Register Roughton Puark Rutland Scoggin Singer Sivell Smith of Evans Strickland Stripling Tamplin Tarpley Truelove Twitty Upshaw Veal Watson Weems Wheeler Willis Wilson of Peach Wright Young
Those voting in the negative were Messrs.: Mallory, Murphy of Haralson.
On the passage of the Bill, the ayes were 117, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
The Bill was ordered immediately transmitted to the Senate.
HB 54. By Mr. Jones of Laurens:
A Bill to be entitled an Act to provide that any person who has been indicted for a capital felony may enter a plea of guilty at any time after his indictment, and the judge of the superior court having juris-
WEDNESDAY, FEBRUARY 15, 1956
1179
diction, may, in his discretion, during term time or vacation, and with out the necessity of a recommendation of mercy by a jury, sentence such person to life imprisonment or any lesser punishment authorized by law for the offense named in the indictment; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the commitee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 105, nays 6.
The Bill, having received the requisite constitutional majority, was passed.
The Bill was ordered immediately transmitted to the Senate.
HB 422. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A Bill to be entitled an Act to amend the Code of Georgia so as to authorize the Clerk of the Superior Court to issue and sign any order in the nature of a rule nisi where no injunctive or extraordinary relief is granted; and for other purposes.
The following amendment was read and adopted:
Mr. Nightingale of Glynn moves to amend Section 1 of HB 422 by striking the words "where no injunctive relief is provided" wherever they occur and substituting in lieu thereof the words "where no injunc tive or extraordinary relief is granted".
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 113, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.
The Bill was ordered immediately transmitted to the Senate.
HB 18. By Messrs. Perkins of Carroll, Kilgore of Gwinnett 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 races are permitted to participate together; and for other purposes.
1180
JOURNAL OF THE HOUSE,
Mr. Roughton of Washington moved that further consideration of HB 18 be postponed indefinitely, and the motion prevailed.
Messrs. Bagby of Paulding, Perkins of Carroll, Parker of Appling, Fain of Franklin, and Raulerson of Echols requested that the Journal show them as hav ing voted against postponement of the Bill.
HB 511. By Messrs. Duke and Massee of Baldwin:
A Bill to be entitled an Act to amend an Act to provide for homestead exemption from certain taxation; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Bagby Barber of Colquitt Barber of Jackson Baughman Bentley Birdsong Blalock Bloodworth Brown Caldwell Campbell Gates Chambers Chastain Cocke Coker of Walker Cotton Dean of Rockdale Deen of Bacon Denson Duke Duncan Fain Fowler of Douglas Freeman
Frier Gillis Green of Rabun Grimsley Groover Harrison of Wayne Hawkins Hodges Hogan Holley Huddleston Hudson Hurst Ivey Jessup Jones of Worth Jones of Laurens Key Killian Killingsworth Lokey Mallory Martin Massee Mathis of Lowndes Matthews McCracken
McKenna Mincy Moorman Murphey of Crawford Murphy of Haralson Murr Peacock Pettey Phillips of Columbia Potts Reed Register Rowland Rutland Scoggin Sivell Smith of Evans Souter Stephens of Clarke Strickland Tamplin Twitty Underwood of Bartow Upshaw Wheeler Williams Wilson of Peach
WEDNESDAY, FEBRUARY 15, 1956
1181
Those voting in the negative were Messrs.:
Ayers Barker Black Blackburn Callier Carlisle Cornelius Cowart Coxwell English Plynt Fordham Garrard Gilleland
Gunter Hardaway Harrell Jackson Johnson of Jenkins Johnson of Gilmer Jordan King of Whitfield Lindsey Long Mackay McKelvey Moore Musgrove
Parker Pelham Peters Phillips of Walton Raulerson Ray Ruark Tarpley Todd Veal Watson Willis
On the passage of the Bill, the ayes were 81, nays 40.
The Bill, having failed to receive the requisite constitutional majority, was lost.
Under the regular order of business, the following Bill of the House was again taken up for consideration:
HB 328. By Mr. Killian of Glynn:
A Bill to be entitled an Act to prohibit the sale or furnishing of fire arms to persons under sixteen years of age except under restrictions enumerated herein; and for other purposes.
An amendment by Mr. Killian of Glynn, previously adopted by the House was withdrawn.
The following amendments were read and adopted:
Mr. Killian of Glynn moves to amend HB 328 in the following manner:
1. By changing the period at the end of Sub-section (b) of Section 3 to a comma and adding immediately thereafter the words:
"and provided that such a person under sixteen years of age may possess, load and fire a target pistol at an indoor or outdoor pistol target range under the limitations as set forth in this sub-section on the possession, loading and firing of other types of firearms."
2. By adding a new section thereto, immediately following Section 6, to be numbered Section 6A, to read as follows:
"Section 6A. Sections 2, 3, 4, and 6 of this Act shall not become effective in any county of this State unless and until recommended by two successive grand juries of such county."
The Committee on Game and Fish amends HB 328 in the following manner:
1182
JOURNAL OP THE HOUSE,
1. By striking from the 2nd and 3rd lines of Section 3 the words ''subdivision or any other provisions of this law" and substituting in lieu thereof the word "act".
2. By changing the period at the end of sub-paragraph (a) of Section 3 to a comma and adding thereafter the word "or".
3. By changing the period at the end of sub-paragraph (b) of Section 3 to a comma and adding thereafter the word "or".
4. By striking from the 2nd and 3rd lines of sub-paragraph (c) of Section 3 the words "article designated in Section 1 of this Act", and substituting in lieu thereof the word "firearm".
The previous question was ordered.
The main question was ordered.
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 Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Ayers Bagby Barber of Colquitt Baughman Bentley Birdsong Bloodworth Brannen Brown Caldwell Callier Campbell Carlisle Chastain Cheatham Cocke Cotton Cowart Coxwell Deal Dean of Rockdale Deen of Bacon Denmark Denson Drinkard Duke English Eyler Plynt
Fordham Fowler of Douglas Gillis Green of Rabun Greene of Crisp Grimsley Gunter Harrell Harrison of Wayne Hawkins Hendrix Hodges Hogan Hudson Ivey Jessup Jones of Laurens Kennedy of Tattnall Key Killian Lam Lanier Long Love Mallory Mashburn Massee Matthews McCracken McGarity
Moorman Murphey of Crawford Murphy of Haralson Murr Musgrove Nightingale Nilan Parker Pelham Peters Pettey Phillips of Columbia Reed Rowland Rutland Scoggin Smith of Evans Smith of Emanuel Sognier Strickland Tamplin Tarpley Truelove Underwood of Bartow Upshaw Veal Watson Wheeler Williams Young
WEDNESDAY, FEBRUARY 15, 1956
1183
Those voting in the negative were Messrs.:
Barker Black Blackburn Blalock Chambers Coker of Walker Cornelius Pain Floyd Foster Freeman Frier Garrard Gross of Stephens Hardaway
Harrison of Jeff Davis Holley Houston Hurst Jackson Johnson of Jenkins Johnson of Gilmer Jordan Kilgore King of Whitfield Larkins Martin Mathis of Lowndes McKelvey Mincy
Odom Moore Peacock Potts Ray Register Ruark Sivell Hoke Smith of Fulton M. M. Smith of Fulton Twitty Underwood of
Montgomery Willis Wilson of Peach
On the passage of the Bill, as amended, the ayes were 90, nays 45.
The Bill, having failed to receive the requisite constitutional majority, was lost.
Under the regular order of business, the following Resolutions of the House were taken up for consideration and read the third time:
HR 64-194a. By Messrs. Groover of Bibb, Lavender of Elbert, and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to change the method of amending the Constitution; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
SECTION 1.
Article XIII, Section I, Paragraph I of the Constitution, relative to amendments to the Constitution, is hereby amended by striking said Paragraph in its entirety, and in lieu thereof inserting a new Paragraph I, to read as follows:
"Paragraph I. An amendment to this Constitution may be pro posed by a resolution in the Senate or the House of Representatives, and if the same shall be agreed to by two-thirds of the members elected to each branch of the General Assembly, such proposed amendment shall be entered on the journal of each branch with the "Ayes" and "Nays" taken thereon. The General Assembly, in the resolution proposing such amendment, shall state whether such amendment is general. If not gen eral, such resolution shall provide what political subdivision or sub divisions are directly affected by such proposed amendment.
"If a proposed amendment is general, the Governor shall cause such proposed amendment to be published in full once each week for three consecutive weeks immediately preceding the date of the election at which such proposed amendment is submitted, in one newspaper of gen-
1184
JOURNAL OF THE HOUSE,
eral circulation in each Congressional District of the State. If, such proposed amendment is not general, the Governor shall cause such pro posed amendment to be published in full in one newspaper of general circulation in each county in which the stated political subdivision or subdivisions are located. In the event no such newspaper is located in such county, a newspaper in an adjoining county shall be used.
"Any proposed amendment which is general shall be submitted to the people of the entire State at the next general election at which members of the General Assembly are elected, and if ratified by a ma jority of the electors qualified to vote for members of the General As sembly voting thereon, such amendment shall become a part of this Constitution. A proposed amendment which is not general shall only be submitted to the people of the political subdivision or subdivisions named in the resolution, as aforesaid, and the General Assembly shall also provide in such resolution whether the votes of the electors in each political subdivision affected shall be counted separately or together, in determining whether such proposed amendment is ratified. In lieu thereof, if the General Assembly feels that certain political subdivisions directly affected by a proposed amendment are not sufficiently af fected to cause the votes of the electors thereof to be counted separately, it may provide in such resolution that the votes of such electors shall be counted together with others similarly affected, and at the same time, authorize the votes of the electors of other political subdivisions to be counted separately. The General Assembly is hereby granted the right and authority to determine the procedure and method relative to such voting. In either event, ratification shall be by majority vote. Unless otherwise provided in the amendment, an amendment which is ratified shall become a part of this Constitution on the first day of January following its ratification.
"The General Assembly, in such resolution, shall also state the language to be used in submitting the proposed amendment. When more than one amendment is submitted at the same time, they shall be so submitted as to enable the electors to vote on each amendment separately."
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 amend ment 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 Constitution so as to change the method of amending the Constitution.
"Against ratification of amendment to Constitution so as to change the method of amending the Constitution."
All persons desiring to vote in favor of adopting the proposed
WEDNESDAY, FEBRUAKY 15, 1956
1185
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 issue his proclamation thereon.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Ayers Barber of Colquitt Barber of Jackson Barker Baughman Birdsong Black Blackburn Bloodworth Brannen Brown Caldwell Carlisle Gates Chambers Chastain Cheatham Cocke Coker of Cherokee Cornelius Cotton Cowart Coxwell
Deal Dean of Rockdale Deen of Bacon Denmark Denson Drinkard
Duncan English Eyler Ployd Plynt Fordham Foster Fowler of Douglas Freeman Frier Garrard Gilleland Gillis Green of Rabun Greene of Crisp Grimsley Groover Gross of Stephens Gross of Dade Gunter Hardaway Harrell Harrison of Wayne Hawkins Henderson Hendrix Hodges Hogan Holley Houston Huddleston
Hudson Hurst
Ivey
Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Worth Jones of Laurens Jordan Kennedy of Turner Kennedy of Tattnall Kilgore Killian Killingsworth King of Whitfield Lam Land Lanier Lindsey Lokey Long Love Lowe Mackay Mallory Martin Mashburn Mathis of Lowndes Matthews McCracken
1186
JOURNAL OF THE HOUSE,
McGarity McKelvey Mincy Moore Moorman Mull Murphey of Crawford Murphy of Haralson Musgrove Nightingale Nilan Parker Peacock Perkins Peters Pettey Phillips of Columbia Phillips of Walton Potts
Raulerson Ray Reed Register Rodgers Rowland Ruark Rutland Sanders Scoggin Short Sivell Smith of Evans Smith of Emanuel M. M. Smith of Fulton Sognier Souter Stephens of Clarke Strickland
Tamplin Tanner Tarpley Todd Truelove Turk Twitty Underwood of Bartow Upshaw Veal Watson Weems Wheeler Williams Willingham Willis Wilson of Peach Young
Those voting in the negative were Messrs.: Bagby and Fain.
On the adoption of the Resolution, the ayes were 149, nays 2.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
The Resolution was ordered immediately transmitted to the Senate.
Under the regular order of business, the following Resolution of the flouse was again taken up for consideration.
HR 81-214f. By Messrs. Cheatham of Chatham, Dean of Rockdale, Chambers of Richmond, and others:
A RESOLUTION
Proposing to the qualified voters of the State of Georgia an amend ment to Article VI, Section VI, Paragraph II of the Constitution of the State of Georgia of 1945.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA AS FOLLOWS:
SECTION 1.
Upon the approval of this resolution, in the manner hereinafter provided, Article VI, Section VI, Paragraph II of the Constitution of the State of Georgia of 1945 shall be amended by striking the following words from the second sentence thereof, namely, "in which there is no city or county court", so that said section, when amended, shall read as follows:
PARAGRAPH II. POWERS. The courts of ordinary shall have such powers in relation to roads, bridges, ferries, public buildings, paup-
WEDNESDAY, FEBRUARY IB, 1956
1187
ers, county officers, county funds, county taxes, and other county mat ters as may be conferred on them by law.
The court of ordinary shall have jurisdiction to issue warrants, try cases, and impose sentences thereon in all misdemeanor cases arising under the Act known as the Georgia State Highway Patrol Act of 1937, and other traffic laws, and in all cases arising under the Compulsory School Attendance law in all counties of this State, provided the de fendant waives a jury trial. Like jurisdiction is also conferred upon the judges of the police courts of incorporated cities and municipal court judges for offense arising under the Act known as the Georgia State Highway Patrol Act of 1937 and other traffic laws of the State within their respective jurisdiction.
SECTION 2.
Be it further resolved that when this amendment shall have been agreed to by the requisite two-thirds of the members of each House of the General Assembly, with the "ayes" and "nays" entered thereon, it shall be published as required by law and submitted to the qualified voters of Georgia for ratification or rejection at the next general elec tion at which constitutional amendments may be voted on. All persons voting at said elections shall have written or printed on their ballots the words, "For ratification of an amendment to Article VI, Section VI, Paragraph II of the Constitution of Georgia of 1945, striking therefrom the following language from the second sentence thereof: 'in which there is no city or county court'", and the words "against ratification of an amendment to Article VI, Section VI, Paragraph II of the Consti tution of Georgia of 1945, striking therefrom the following language from the second sentence thereof: 'in which there is no city or county court'". Returns shall be made and results declared as required by law. If the said amendment be adopted as required by law by the qualified voters of Georgia, it shall become a part of Article VI, Section VI, Paragraph II of the Constitution of Georgia of 1945.
Mr. Odom of Camden moved the previous question and the call was sustained.
The main question was ordered.
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the resolution, the Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Ayers Bagby Barber of Jackson Barker Baughman Birdsong
Black Blackburn Blalock Bloodworth Brannen Caldwell Campbell
Carlisle Gates Chambers Chastain Cheatham Cotton Deal
1188
JOURNAL OF THE HOUSE,
Dean of Rockdale Been of Bacon Denmark Denson Duke Duncan Eyler Floyd Flynt Foster Fowler of Douglas Freeman Frier Garrard Gilleland Green of Rabun Greene of Crisp Grimsley Groover Gross of Dade Gunter Hardaway Harrell Harrison of Wayne Hawkins Henderson Hodges Hogan Holley Houston Huddlest^n Jackson Jessup
Johnson of Jenkins Johnson of Gilmer Jones of Laurens Kennedy of Turner Kennedy of Tattnall Key Killian Killingsworth
King of Whitfield Lam Lanier Larkins Lokey Long Mackay Mallory Martin Matthews McCracken McGarity McKelvey McKenna Moore Moorman Murphey of Crawford Murphy of Haralson Murr Nightingale Nilan Odom Parker Peters Phillips of Columbia
Potts Raulerson Ray Reed Register Rodgers Ruark Rutland Sanders Scoggin Short Sivell Smith of Evans Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton Sognier Stephens of Clarke Tamplin Tanner Tarpley Todd Underwood of Bartow Upshaw Watson Weems Wheeler Williams Willingham Wilson of Towns Wilson of Peach Young
Those voting in the negative were Messrs.:
Alien Brown Cornelius Cowart Coxwell Drinkard English Fain Fordham Gillis
Gross of Stephens Hudson Jordan Kilgore Lindsey Love Lowe Mathis of Lowndes Musgrove Perkins
Phillips of Walton Rowland S outer Strickland Turk Underwood of
Montgomery Veal
On the adoption of the Resolution, the Ayes were 119, nays 27.
The Resolution, having failed to receive the requisite two-thirds constitutional majority, was lost.
Under the regular order of business, the following Bills and Resolutions of the House were taken up for consideration and read the third time:
WEDNESDAY, FEBRUARY 15, 1956
1189
HB 47-129c. By Messrs. Moate of Hancock, Groover of Bibb and Lokey of Fulton:
A RESOLUTION
Proposing to the qualified voters of the State of Georgia an Amend ment to Article III, Section XI, Paragraph I of the Constitution of 1945, by striking from Paragraph I the words, "but no such change shall affect the officers then in commission," and by substituting in lieu thereof the words, "but no such change shall diminish the amount of any salary set forth in the Constitution," so that said Paragraph, as amended, shall read: "The General Assembly may, at any time, by a majority vote of both branches prescribe other and different salaries for all the elective officers provided for in this Constitution, but no such change shall diminish the amount of any salary set forth in the Constitution."; and for other purposes.
SECTION 1.
Be it resolved by the General Assembly of the State of Georgia, that Article III, Section XI, Paragraph I, of the Constitution of 1945 be amended by striking therefrom the words, "but no such change shall affect the officers then in commission," and substituting in lieu thereof the words, "but no such changes shall diminish the amount of any salary set forth in the Constitution," so that said Paragraph, as amended, shall read as follows:
"The General Assembly may, at any time, by a majority vote of both branches prescribe other and different salaries for all the elective officers provided for in this Constitution, but no such change shall diminish the amount of any salary set forth in the Constitution."
SECTION 2.
Be it further resolved by the authority aforesaid, that when said Amendment shall be agreed to by a two-thirds vote of the Members of each of the two Houses, said Amendment shall be entered on their Jour nals with the yeas and nays taken thereon, and shall by the Governor be published in one or more newspapers in each Congressional District for two months previous to the time of holding the next General Elec tion at which Members of the General Assembly are elected, and said Amendment shall be submitted to the qualified voters at the next said General Election. All persons voting in favor of adopting said pro posed Amendment to the Constitution shall have written or printed on their ballots the words: "FOR ratification of Amendment to Article III, Section XI, Paragraph I of the Constitution of 1945, by striking therefrom the words, 'but no such change shall affect the officers then in commission,' and substituting in lieu thereof the words, 'but no such change shall diminish the amount of any salary set forth in the Con stitution.' " All persons opposed to the adoption of such Amendment shall have written or printed on their ballots the words: "AGAINST ratification of Amendment to Article III, Section XI, Paragraph I of the Constitution of 1945, by striking therefrom the words, 'but no such change shall affect the officers then in commission,' and substituting in lieu thereof the words, 'but no such change shall diminish the amount of any salary set forth in the Constitution.' "
If a majority of the electors qualified to vote for Members of the
1190
JOURNAL OF THE HOUSE,
General Assembly voting thereon in the State vote for such Amendment, such Amendment shall become a part of the Constitution of this State. The returns of the election shall be made in the same 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 previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Ayers Bagby Barber of Jackson Baughman Bentley Birdsong Black Blackburn Blalock Bloodworth Brannen Brown Caldwell Campbell Carlisle Chambers Chastain Cheatham Cocke Coker of Walker Cornelius Cotton Cowart Coxwell Dean of Rockdale Deen of Bacon Denson Dozier Drinkard Duncan English
Eyler Floyd Flynt Fordham Foster Fowler of Douglas Freeman Frier Garrard Gilleland Gillis Green of Rabun Greene of Crisp Grimsley Groover Gross of Stephens Gross of Dade Gunter Hardaway Harrell Harrison of Wayne Hawkins
Hodges Hogan Houston Huddleston Hudson Ivey Jackson Jessup Johnson of Gilmer Jones of Lumpkin Jones of Laurens
Jordan Kelley Kennedy of Turner Kennedy of Tattnall Key Kilgore Killian Killingsworth King of Whitfield Lam Lanier Larkins Lindsey Lokey Long Love Lowe Mackay Mallory Martin Mashburn Mathis of Lowndes Matthews McCracken McGarity McKelvey McKenna Moore Moorman Mull Murphey of Crawford Murphy of Haraleson
Murr
WEDNESDAY, FEBRUARY 15, 1956
1191
Musgrove Nightingale Nilan Odom Parker Peacock Perkins Peters Pettey Phillips of Columbia Phillips of Walton Potts Raulerson
Ray Reed Register Rodgers
Ruark Rutland Scoggin Short Sivell Smith of Evans Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton Sognier Souter Stephens of Clarke Strickland
Stripling Tamplin Tarpley Truelove
Turk Twitty Underwood of Bartow Underwood of
Montgomery Upshaw Veal Watson Weems Wheeler Williams Willingham Willis
Wilson of Towns Wilson of Peach Young
On the adoption of the Resolution, the ayes were 148, nays 0.
The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
The Resolution was ordered immediately transmitted to the Senate.
HB 549. By Mr. Matthews of Clarke and Fain of Franklin:
A Bill to be entitled an Act to amend an Act creating the Georgia State Literature Commission; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alien Bagby Barber of Jackson Bentley Blackburn Blalock Bloodworth Brannen Brown Carlisle Gates
Chambers Chastain Cheatham Cocke Cotton Coxwell Deal Dean of Rockdale Deen of Bacon Denmark Drinkard
English Eyler Fain Floyd Fordham Foster Fowler of Douglas Gillis Greene of Crisp Grimsley Gross of Stephens
1192
JOURNAL OF THE HOUSE,
Gunter Hardaway Harrell Hogan Holley Hurst Jessup Jones of Worth Jones of Laurens Jordan Kelley Kennedy of Tattnall Key Kilgore Killian Killingsworth
Lindsey Lokey
Mackay Martin Mashburn Mathis of Lowndes Matthews McGarity McKenna Moore Moorman
Murphey of Crawford Murphy of Haralson Nilan Peacock Peters Pettey Phillips of Columbia
Ray Reed
Rodgers Rowland Russell Rutland
Sivell Smith of Evans Smith of Emanuel M. M. Smith of Fulton Sognier
Souter Stephens of Clarke Strickland Turk Underwood of Bartow Weems Wheeler Williams Wilson of Peach
Those voting in the negative were Messrs.:
Ayers Barber of Colquitt Birdsong Black Cornelius Frier Garrard Green of Rabun Groover Hawkins
Henderson Hodges Jackson King of Chattahoochee Lam Larkins Love Mallory McKelvey Musgrove
Nightingale Parker Perkins Phillips of Walton Raulerson Register Tarpley Upshaw Veal Wilson of Towns
On the passage of the Bill, the ayes were 87, nays 30.
The Bill, having failed to receive the requisite constitutional majority, was lost.
HB 583. By Mr. Murphy of Haralson:
A Bill to be entitled an Act to amend an Act relating to exemption from jury duty, so as to change the age limit for jury exemption; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the Speaker ordered the roll call and the vote was as follows:
WEDNESDAY, FEBRUARY 15, 1956
1193
Those voting in the affirmative were Messrs.:
Alien Aycrs Bagby Barber of Jackson Baughman Bentley Birdsong Blalock Bloodworth Brannen Brown Caldwell Carlisle Gates Chambers Chastain Cheatham Cocke Cornelius Cotton Cowart Deal Dean of Rockdale Deen of Bacon Denmark Denson Drinkard Duke English Eyler Floyd Flynt Fordham Foster Frier Garrard Green of Rabun
Greene of Crisp Grimsley Gross of Stephens Hall Hawkins Hogan Holley Houston Huddleston Hudson Hurst Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Laurens Kelley Kennedy of Tattnall Key Kilgore Killian Killingsworth King of Whitfield Lam Land Larkins Lindsey Lokey Long Love Mackay Mallory Martin Mashburn Mathis of Lowndes Matthews McGarity
McKelvey McKenna Mincy Moore Moorman Murphey of Crawford Murphy of Haralson Nilan Peacock Phillips of Columbia Phillips of Walton Ray Reed Register Rodgers Roughton Rowland Russell Rutland Scoggin Sivell Smith of Evans Smith of Emanuel Hoke Smith of Fulton Sognier Souter Stephens of Clarke Truelove Twitty Watson Weems Wheeler Willingham Willis Wilson of Towns Wilson of Peach
Those voting in the negative were Messrs.:
Barber of Colquitt Blackburn Coxwell Gilleland Gunter Hardaway
Henderson Hodges Musgrove Nightingale Parker Perkins
Peters Tarpley Turk Underwood of Bartow Upshaw Williams
On the passage of the Bill, the ayes were 110, nays 18.
The Bill, having received the requisite constitutional majority, was
The Bill was ordered immediately transmitted to the Senate.
1194
JOURNAL OF THE HOUSE,
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.
HB 363. By Messrs. Groover of Bibb and Lavender of Elbert:
A Bill to be entitled an Act to amend an Act relating to the definition of Optometry by providing a new definition therefor; and for other purposes.
Under the regular order of business, the following Bills and Resolutions of the House were taken up for consideration and read the third time:
HR 169-477f. By Mr. Bloodworth of Houston:
A Resolution to compensate the widow of Henry C. Hill; and for other purposes.
The following amendment was read and adopted:
Mr. Barber of Colquitt moves that HR 169-477f be amended so as to change the amount of compensation from $15,000 to $5,000.00.
The previous question was ordered.
The main question was ordered.
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 112, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
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 of the House to wit:
HB 525. By Messrs. Moate of Hancock, Groover of Bibb, Odom of Camden, Barber of Colquitt, Duke of Baldwin and many others:
A Bill to be entitled an Act to provide that candidates for membership in the General Assembly of Georgia may run either in a county primary or a State primary; and for other purposes.
WEDNESDAY, FEBRUARY 15, 1956
1195
The following Bill of the House was taken up for the purpose of considering the Senate amendments thereto:
HB 525. By Messrs. Moate of Hancock, Groover of Bibb and others:
A Bill to be entitled an Act to provide that candidates for membership in the General Assembly of Georgia may run either in a county primary or in a State primary, and for other purposes.
The following Senate amendments were read:
No. 1. Senator Davis of the 42nd moves to amend HB 525 as fol lows: by striking Section 2 in its entirety, and inserting in lieu thereof the following: "Section 2. Nothing in this Act shall be construed to force a political party to hold a primary for the nomination of candidates for membership in the General Assembly or for any county office."
No. 2. Senators Millican of the 52nd, Turner of the 34th, Page of the 1st and Hollis of the 24th move to amend HB 525 by adding a new section to read as follows: "Section _,,..... This Act shall not apply in Counties having a population of more than 115,000 according to the 1950 or any subsequent census."
Mr. Groover of Bibb moved that the House agree to Senate amendment No. 1.
On the motion to agree, the ayes were 112, nays 0.
The House agreed to Senate amendment No. 1.
Mr. Groover of Bibb moved that the House disagree to Senate amendment No. 2, and the motion prevailed.
The House disagreed to Senate amendment No. 2.
Under the regular order of business, the following Resolution and Bill of the House were taken up for consideration and read the third time:
HR 39-109a. By Messrs. Carlisle of Bibb and Bloodworth of Houston:
A Resolution compensating Fountain's Dry Cleaners and Laundry, Inc. for damages, and for other purposes.
The following Committee amendment was read and adopted:
The Committee moves to amend HR 39-109a by striking out "835.00" in the last paragraph of the Resolution and substituting in lieu thereof the following words or language: "$100.00, the uninsured portion of".
The report of the Committee, which was favorable to the adoption of the Resolution was agreed to.
On the adoption of the Resolution, as amended, the ayes were 106, nays 0.
1196
JOURNAL OF THE HOUSE,
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
The Resolution was ordered immediately transmitted to the Senate.
HB 605. By Messrs. Russell of Barrow, Nightingale of Glynn and others:
A Bill to be entitled an Act to amend an Act so as to provide for the inspection of milk, and for other purposes.
The following amendment was read and adopted:
Mr. Lindsey of Spalding moves to amend HB 605 by striking Section 4 of Section 1 and substituting therefor the following:
SECTION 4.
The Commissioner of Agriculture shall have the power and authority, upon finding that any person, firm or corporation doing business in this State has violated any of the laws, rules or regulations promulgated under this Act, place an inspector in said place of business, and charge the expense of said inspector, not to exceed Twenty-Five ($25.00) Dol lars per day, to said plant. Said plant may request a hearing on any charge of violation within two days and after request for hearing the charges of inspector shall cease until said hearing which shall be held within ten days. Should it be found that the law, rules or regulations have been violated the Commissioner of Agriculture may assess a fine not in excess of Five Hundred ($500.00) Dollars.
The Commissioner of Agriculture, may in his discretion, upon a second offense being established, revoke the license or permit of the person, firm or corporation.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Ayers Bagby Barber of Jackson Baughman Bentley Birdsong Blackburn Blaloek Bloodworth Brannen Brown Caldwell
Campbell Carlisle Gates Chambers Chastain Cheatham Cloud Cocke Coker of Cherokee Coker of Walker Cotton Cowart Coxwell Dean of Rockdale
Deen of Bacon Denson Drinkard Duke English Eyler Floyd Flynt Fordham Foster Fowler of Douglas Frier Garrard Gilleland
WEDNESDAY, FEBRUARY 15, 1956
1197
Green of Rabun Greene of Crisp Grimsley Gross of Dade Gunter Hardaway Hawkins
Hayes Henderson
Hodges Hogan Houston Hudson Hurst Ivey Jackson Jessup Johnson of Gilmer Jones of Laurens Jordan Kennedy of Turner Key Killian Killingsworth King of Whitfield Lam Land Lanier Lindsey
Lokey Mackay Mallory Martin Mashburn Mathis of Lowndes Matthews McCracken McGarity McKenna Moore Moorman Murphey of Crawford Murphy of Haralson Musgrove Nilan Parker Perkins Peters Phillips of Columbia Phillips of Walton Potts Ray Reed Register Rodgers Roughton Rowland Ruark
Russell Rutland Short Sivell Smith of Evans Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton Sognier Souter Stephens of Clarke Strickland Tamplin Turk Twitty Underwood of Bartow Underwood of
Montgomery Upshaw Veal Watson Weems Wheeler Williams Willingham Willis Young
Those voting in the negative were Messrs.:
Long
Tarpley
Wilson of Towns
On the passage of the Bill, as amended, the ayes were 126, nays 3.
The Bill, having received the requisite constitutional majority, was 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 substitute therefor:
HB 334. 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 chief clerk of the Court of Ordinary shall be chief assistant administra tive officer of the Court of Ordinary of Fulton County, and for other purposes.
The following Senate substitute was read:
AN ACT
To amend an Act approved March 24, 1939 (Ga. Laws 1939, p. 565
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JOURNAL OF THE HOUSE,
ET SEQ.) entitled "An Act to provide that in Fulton County, Georgia, the Ordinary, Sheriff, Clerk Superior Court, Tax Receiver, Tax Col lector and County Treasurer may appoint a Chief Deputy, or Chief Clerk, or Chief Assistant as the case may be; to provide that such person so appointed may serve at the will and pleasure of the person appointing the same; to provide that in the event of a vacancy occurring in any of said offices the Chief Clerk, Chief Deputy or Chief Assistant, as the case may be, may fill out the unexpired term; to provide that this Act become effective upon the ratification of a Constitutional Amendment granting to such officers the authority to make such appointment; and for other purposes", as amended, 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 so as to fix the salary to be paid to said Chief Clerk; to provide that the Chief Deputy Sheriff shall be Chief Assistant Administrative Officer to the Sheriff of Fulton County; to fix the salary to be paid to the Chief Deputy Sheriff; to increase the salary of the Chief Deputy Clerk of the Superior Court; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA and it is hereby enacted by authority of the same that the Act approved March 24, 1939 (Ga. Laws 1939, p. 565 et seq.) entitled "An Act to provide that in Fulton County, Georgia, the Ordinary, Sheriff, Clerk Superior Court, Tax Receiver, Tax Collector and County Treasurer may appoint a chief deputy, or chief clerk, or chief assistant as the case may be; to provide that such person so ap pointed may serve at the will and pleasure of the person appointing the same; to provide that in the event of a vacancy occurring in any of said offices the chief clerk, chief deputy or chief assistant, as the case may be, may fill out the unexpired term; to provide that this Act become effective upon the ratification of a constitutional amendment granting to such officers the authority to make such appointment; and for other purposes", as amended, be further amended as follows:
SECTION 1.
There shall be added to Section 3 the following language:
"The chief clerk to said Ordinary shall also serve as chief assist ant and administrative officer of the Court of Ordinary and as such, shall aid the Judge of said Court in expediting the transaction of the business of said court in such manner as the said Ordinary thereof may direct and shall receive as compensation for such serv ices a salary of Seven Thousand Two Hundred ($7,200.00) Dollars per year, payable in equal monthly installments out of the Treasury of Fulton County, subject to be increased or diminished by the County Commission, uniformly with the salaries of other chief deputies whose salaries are set in this amendment.",
so that said Section 3, as amended, shall read as follows:
"Section 3. Be it further enacted by the authority aforesaid, That the Ordinary serving in Fulton County shall be required to appoint from among the clerks in the office of Ordinary a chief clerk to said Ordinary and upon making such appointment it shall be spread upon the minutes of the Court of Ordinary of Fulton County, and shall likewise be spread upon the minutes of the Board
WEDNESDAY, FEBRUARY 15, 1956
1199
of Commissioners of Roads and Revenues for Fulton County. In making said appointment said Ordinary shall appoint such chief clerk at the will and pleasure of the officer making the appointment, the appointment in no event to extend beyond the term of office of the person making the appointment. If the person so appointed as chief clerk, as herein provided, resigns or if by revocation of the appointment, or for any other reason the appointment becomes vacated, the person here directed to make such appointment shall reappoint a chief clerk and notice of such reappointment shall like wise be spread upon the minutes of the Court of Ordinary and the minutes of the Board of Commissioners of Roads and Revenues. The chief clerk to said Ordinary shall also serve as chief assistant and administrative officer of the Court of Ordinary and as such, shall aid the Judge of said court in expediting the transaction of the business of said court in such manner as the said Ordinary thereof may direct and shall receive as compensation for such services a salary of Seven Thousand Two Hundred ($7,200.00) Dol lars per year, payable in equal monthly installments out of the Treasury of Fulton County, subject to be increased or diminished by the County Commission, uniformly with the salaries of other chief deputies whose salaries are set in this amendment."
SECTION 2.
There shall be added to Section 1 the following language:
"The chief deputy sheriff shall also serve as chief assistant and administrative officer to the Sheriff of Fulton County and as such shall aid the Sheriff in expediting the transaction of the busi ness of the office of Sheriff in such manner as the Sheriff and the respective courts of said County may direct, and shall receive as compensation for such service a salary of Seven Thousand Two Hundred ($7,200.00) Dollars per year, payable in equal monthly installments out of the Treasury of Fulton County, subject to be increased or diminished by the County Commission, uniformly with the salaries of other chief deputies whose salaries are set in this amendment.",
so that said Section 1 as amended, shall read as follows:
"Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the Sheriff, Tax Receiver, Tax Collector and County Treasurer in the County of Fulton shall be required to appoint from among the assistants in their respective offices a chief deputy, and upon making said appointment shall notify the Commissioners of Roads and Revenues for Fulton County, Georgia, who shall spread upon their minutes a copy of such ap pointment. In making said appointment said officers shall appoint such chief deputy at the will and pleasure of the officer making the appointment, the appointment in no event to extend beyond the term of office of the person making the appointment. If the person so appointed as chief deputy, as herein provided, resigns or if by revocation of the appointment, or for any other reason the appoint ment becomes vacated, the person here directed to make such ap pointment shall reappoint a chief deputy and shall notify the Com missioners of Roads and Revenues of such reappointment so that
1200
JOURNAL OF THE HOUSE,
the same may be spread upon the minutes of such board. The chief deputy sheriff shall also serve as chief assistant and administrative officer to the sheriff of Fulton County and as such shall aid the sheriff in expediting the transaction of the business of the office of sheriff in such manner as the sheriff and the respective courts of said County may direct, and shall receive as compensation for such service a salary of Seven Thousand Two Hundred ($7,200.00) Dol lars per year, payable in equal monthly installments out of the Treasury of Fulton County, subject to be increased or diminished by the County Commission, uniformly with the salaries of other chief deputies whose salaries are set in this amendment."
SECTION 3.
The words and figures, Seven thousand eight hundred dollars ($7,800.00) in lines four and five of Section 5(b) of said Act shall be stricken and there shall be inserted in lieu thereof the words and figures, "Eight Thousand, Two Hundred ($8,200.00) Dollars", so that said Sec tion 5(b) of said Act when so amended shall read as follows:
"Section 5(b). The salary of the chief deputy clerk of the superior court, for his services as such and for his services as ad ministrative officer of the court, shall be a total of not less than Eight Thousand Two Hundred ($8,200.00) Dollars per year, pay able in equal monthly installments out of the treasury of Fulton County, subject to be increased or diminished by the County Com mission, uniformly with the salaries of other chief deputies whose salaries are set in this amendment."
SECTION 4.
All laws and parts of laws in conflict with this Act be and the same are hereby repealed.
SECTION 5.
A copy of notice of intention to apply for this local legislation and an affidavit showing the publication of such notice as required by law are attached hereto and made a part of this Bill and it is hereby de clared that all the requirements of the Constitution of the State of Georgia of 1945 relating to publication of notice of intention to apply for the passage of this local legislation have been complied with for the enactment of this law.
PUBLISHER'S AFFIDAVIT.
STATE OF GEORGIA,--County of Fulton.
Before me, the undersigned, a Notary Public, this day personally came Frank Kempton, who, being first duly sworn, according to law, says that he is the President of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 7, 14, 21, 28th
WEDNESDAY, FEBRUARY 15, 1956
1201
days of December, 1955, and on the 4th days of January 1956 As pro vided by law.
/s/ Frank Kempton
Subscribed and sworn to before me this 6th day of January, 1956.
/s/ Maiodis Fowler Notary Public, Gwinnett County, Georgia My Commission Expires July 2, 1958
NOTICE OF INTENTION TO APPLY FOR LOCAL LEGISLATION
Notice is hereby given of intention to apply to the General Assembly of Georgia at the 1956 session, for an amendment to Georgia Laws 1939, page 565, requiring the ordinary, sheriff, clerk superior court, tax re ceiver, tax collector, and county treasurer to name a chief deputy.
Any pertinent amendment may be introduced and notice thereof is hereby given.
This 7th day of December, 1955.
Senator Everett Millican Representative M. M. (Muggsy) Smith Representative Hoke Smith Representative Hamilton Lokey.
Dec. 7 14 21 28 tfn.
Mr. Lokey of Fulton moved that the House agree to the Senate substitute to HB 334.
On the motion to agree, the ayes were 107, nays 0.
The Senate substitute to HB 334 was agreed to.
Under the regular order of business the following Bills and Resolutions of the House were taken up for consideration and read the third time:
HR 203-561b. By Mr. Groover of Bibb:
A Resolution compensating Mr. Emil Kalock for damages, and for other purposes.
The previous question was ordered.
The main question was ordered.
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:
1202
JOURNAL OF THE HOUSE,
Those voting in the affirmative were Messrs.:
Adams Alien Ayers Bagby Barber of Colquitt
Barber of Jackson Barker Baughman Black Blackburn Blalock Bloodworth Brannen
Brown Campbell
Gates Chambers Chastain Cheatham Cloud
Cocke Coker of Cherokee Coker of Walker
Cotton Cowart Coxwell Deal Dean of Rockdale Deen of Bacon Denmark
Denson Duke English Eyler Floyd Flynt Fordham Foster Fowler of Douglas Frier Garrard Gilleland
Greene of Crispe Grimsley Groover Gross of Dade Gunter Hardaway Harrell
Hawkins Hayes Henderson Hendrix Hodges Hogan Holley Houston Hudson Hurst Ivey Jackson Jessup Johnson of Gihner Jones of Worth Jones of Laurens Jordan Kelley Kennedy of Turner Key Killian King of Whitfield Lam Lanier Lavender Lindsey Lokey Long Mallory Martin Mashburn Mathis of Lowndes Matthews McCracken McGarity
McKenna Moore Moorman Murphey of Crawford Murphy of Haralson Murr
Musgrove Nightingale Parker
Perkins Peters Phillips of Columbia Phillips of Walton Potts Ray Reed Register Rodgers Rowland Ruark Rutland Scoggin Short Smith of Evans Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton Sognier Souter Stephens of Clarke Strickland Stripling Tamplin Tarpley Todd Twitty Underwood of Bartow Weems Wheeler Young
On the adoption of the Resolution, the ayes were 124, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
The Resolution was ordered immediately transmitted to the Senate.
HR 196-531k. By Mr. Rowland of Johnson: A Resolution compensating Guerdon F. Ackerman for damages, and for other purposes.
WEDNESDAY, FEBRUARY 15, 1956
1203
The previous question was ordered.
The main question was ordered.
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 Alien Ayers Bagby Barber of Colquitt Barber of Jackson Barker Baughman Black Blackburn Blalock Bloodworth Brown Campbell Chambers Chastain Cheatham Cocke Coker of Cherokee Coker of Walker Cotton Cowart Coxwell Dean of Rockdale Deen of Bacon Denmark Denson Duke Duncan English Eyler Floyd Flynt Fordham Foster Fowler of Douglas Frier Garrard Gilleland Gillis Greene of Crisp Grimsley
Groover Gross of Dade Gunter Hardaway Harrell Harrison of Wayne Hawkins Henderson Hodges Hogan Holley Hudson Hurst Ivey Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Worth Jones of Laurens
Jordan Kelley Kennedy of Turner Kennedy of Tattnall
Key Killian King of Whitfield
Land Lanier Larkins Lavender Linclsey Lokey Long Mackay Mallory Martin Mashburn Mathis of Lowndes Matthews McCracken McGarity
McKenna Moore Moorman Murphey of Crawford Murphy of Haralson Murr Musgrove Nightingale Parker Peters Phillips of Columbia
Potts Ray Register Rodgers Roughton Rowland Ruark Rutland Sanders Scoggin Short Smith of Evans Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton
Sognier Souter Stephens of Clarke Strickland Tamplin Tanner Tarpley Twitty Underwood of Bartow Veal Weems Wheeler Wilson of Towns Young
1204
JOURNAL OF THE HOUSE,
On the adoption of the Resolution, the ayes were 124, nays 0.
The Resolution, having received constitutional majority, was adopted.
The Resolution was ordered immediately transmitted to the Senate.
HB 608. By Messrs. Greene of Crisp, Rowland of Johnson and others:
A Bill to be entitled an Act to provide for the validation of revenue anticipation certificates issued pursuant to the provisions of the Con stitution of the State of Georgia, and for other purposes.
A substitute offered by Mr. Palmer of Green was read.
Mr. Ray of Warren moved that further consideration of HB 608 be postponed indefinitely and the motion prevailed.
Further consideration of HB 608 was postponed indefinitely.
HR 178-481b. By Mr. Groover of Bibb:
A Resolution providing for the exchange of certain lands in Pulaski County, and for other purposes.
The previous question was ordered.
The main question was ordered.
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 Alien
Ayers Bagby Barber of Jackson Barker Baughman Birdsong Black Blackburn Blalock Bloodworth Brannen Brown Caldwell Carlisle Chambers
Chastain
Cloud
Cocke
Cornelius
Cotton
Coxwell
Dean of Rockdale
Been of Bacon
Denson
Dozier
Duke
English
Eyler
Flynt
Fordham
Foster
Freeman
Frier Garrard
Gilleland Gillis Greene of Crisp Grimsley Groover Gross of Stephens Gunter Hardaway Harrell Harrison of Wayne Henderson Hodges Hogan Holley Houston
WEDNESDAY, FEBRUARY 15, 1956
1205
Huddleston Hudson Ivey Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Laurens Kelley
Kennedy of Turner Key
Killian King of Whitfield Lam Land Lindsey Lokey Long Mackay Mallory Mashburn
Massee
Mathis of Lowndes Matthews
McCracken McGarity McKenna Mincy Moore Moorman Mull Murphey of Crawford Murr
Musgrove Nightingale
Nilan Parker Peacock Perkins Peters Pettey Phillips of Columbia Potts Ray Register
Roughton
Sanders Scoggin
Smith of Evans Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton Sognier Souter Stephens of Clarke Strickland Stripling
Tamplin Tanner
Tarpley Truelove Twitty Underwood of
Montgomery Upshaw Veal Wheeler Williams Wilson of Towns
Young
On the adoption of the Resolution, the ayes were 120, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
The Resolution was ordered immediately transmitted to the Senate.
HR 180-481d. By Mr. Groover of Bibb:
A Resolution authorizing the conveyance of certain land in Pulaski County, and for other purposes.
The previous question was ordered.
The main question was ordered.
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 Alien Ayers Bagby
Barber of Jackson Barker Baughman Bentley
Birdsong Black Blackburn Blalock
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JOURNAL OF THE HOUSE,
Brown Caldwell Carlisle Chambers Chastain
Cloud Cocke Cornelius Cotton Coxwell Dean of Rockdale Deen of Bacon Denmark Denson Dozier Duke English Plynt Fordham Foster Freeman Frier Garrard Gilleland Gillis Grimsley Groover Gross of Stephens Gunter Hardaway Harrell Harrison of Wayne Henderson Hendrix Hodges
Hogan Holley Houston Huddleston Hudson Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Laurens Jordan Kelley Kennedy of Turner Key Killian King of Whitfield Land Larkins Lindsey Lokay Long Mackay Mallory Mashburn Massee Mathis of Lowndes Matthews McCracken McKenna Mincy Moore Moorman Mull Murphey of Crawford Murr
Musgrove Nightingale Nilan Peacock Perkins Peters Pettey Phillips of Columbia Potts Raulerson Ray Register Roughton Sanders Scoggin Short Smith of Evans Hoke Smith of Fulton Sognier Souter Stephens of Clarke Strickland Tarpley Truelove Turk Twitty Underwood of
Montgomery Upshaw Veal Wheeler Williams Wilson of Towns Young
On the adoption of the Resolution, the ayes were 115, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
The Resolution was ordered immediately transmitted to the Senate.
HR 181-481e. By Mr. Groover of Bibb:
A Resolution authorizing the Governor to deed certain islands to the United States; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
WEDNESDAY, FEBRUARY 15, 1956
1207
On the adoption of the Resolution, the Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Ayers
Bagby Barber of Jackson Barker Baughman
Bentley Birdsong Black Blackburn Blalock Bloodworth Brannen Brown Caldwell Carlisle Chambers Chastain Cloud Cocke Coker of Cherokee Cotton Coxwell Dean of Rockdale Deen of Bacon Denson Duke Duncan English
Eyler Flynt Fordham
Foster Freeman Frier Garrard Gilleland Gillis
Greene of Crisp Grimsley Groover Gross of Stephens Gunter Hardaway Harrell Harrison of Wayne Henderson Hodges Holley Houston Huddleston Hudson Hurst
Ivey
Jessup Johnson of Jenkins Johnson of Gilmer Jones of Laurens Jordan Kennedy of Turner Key Killian King of Whitfield Larkins Lindsey Lokey Long Mackay Mallory Mashburn Massee Matthews McCracken McKenna Mincy Moore Moorman
Murphey of Crawford Murr Musgrove Nightingale Nilan Parker Peacock Peters Phillips of Columbia Potts Raulerson Ray Roughton Rutland Sanders Scoggin Short Smith of Evans Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton
Sognier Stephens of Clarke Strickland Stripling Tamplin Tanner Tarpley Todd Turk Twitty Underwood of
Montgomery Upshaw Veal Wheeler Williams Wilson of Towns
Young
On the adoption of the Resolution, the ayes were 116, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
The Resolution was ordered immediately transmitted to the Senate.
HR 182-481f. By Mr. Groover of Bibb: A Resolution authorizing the conveyance of certain property in Camden
1208
JOURNAL OF THE HOUSE,
County to the United States, which property is needed for the Kings Bay Ammunition Loading Terminal; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Ayers Bagby Barber of Jackson Barker Baughman Bentley Birdsong Black Blackburn Blalock Blood worth Brannen
Brown Caldwell Carlisle Chambers Chastain Cloud Cocke Coker of Cherokee Cotton Coxwell Dean of Rockdale Been of Bacon Denson Duke Duncan English Eyler Flynt Fordham Foster Freeman Frier Garrard Gilleland Gillis
Greene of Crisp Grimsley Groover Gross of Stephens Gunter Hardaway Harrell Harrison of Wayne Henderson Hodges Holley Houston Huddleston Hudson Hurst Ivey Jessup Johnson of Jenkins Johnson of Gilmer Jones of Laurens Jordan Kennedy of Turner Key Killian King of Whitfield Larkins Lindsey Lokey Long Mackay Mallory Mashburn Massee Matthews McCracken McKenna Mincy Moore Moorman
Murphey of Crawford Murr Musgrove Nightingale Nilan Parker Peacock Peters Phillips of Columbia Potts Raulerson Ray Roughton Rutland Sanders Scoggin Short Smith of Evans Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton Sognier Stephens of Clarke Strickland Stripling Tamplin Tanner Tarpley Todd Turk Twitty Underwood of
Montgomery Upshaw Veal Wheeler Williams Wilson of Towns Young
WEDNESDAY, FEBRUARY 15, 1956
1209
On the adoption of the Resolution, the ayes were 116, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
The Resolution was ordered immediately transmitted to the Senate.
HR 94-261h. By Mr. Barber of Jackson:
A Resolution to compensate Mr. Lamar Jamerson for injuries; and for other purposes.
Mr. Barber of Jackson moved that HR 94-261h be withdrawn from further consideration of the House, and the motion prevailed.
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 Bill of the House and the President respectfully asks that a Committee of Conference be appointed:
HB 525. By Messrs. Moate of Hancock, Groover of Bibb, Odom of Camden, Barber of Colquitt, Duke of Baldwin and many others:
A Bill to be entitled an Act to provide that candidates for membership in the General Assembly of Georgia may run either in a county primary or a State primary; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Senators Page of the 1st, Hollis of the 24th 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 with respect to the Senate amendment thereto:
HB 525. By Messrs. Moate of Hancock, Groover of Bibb and others:
A Bill to be entitled an Act to provide that candidates for membership in the General Assembly of Georgia may run either in a county primary or in a State primary, and for other purposes.
Mr. Groover of Bibb moved that the House insist on its position in disagreeing to Senate amendment No. 2, and that a Committee of Conference on the part of the House 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 on the part of the House the following members: Messrs. Groover of Bibb, Ray of Warren and McGarity of Henry.
The following Resolution of the House was read and adopted:
1210
JOURNAL OF THE HOUSE,
HE 248. By Messrs. Moate of Hancock, Palmer of Mitchell and Lokey of Fulton:
A Resolution authorizing the office of the Speaker of the House of Representatives to remain open during the year, 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.
THURSDAY, FEBRUARY 16, 1956
1211
Representative Hall, Atlanta, Georgia. Thursday, February 16, 1956.
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 Alien Ayers Bagby Barber of Colquitt Barber of Jackson Barker Baughman Bentley Birdsong Black Blackburn Blalock Bloodworth Bodanhamer
Bolton Brannen Brown Caldwell Callier Campbell Carlisle Gates Cheatham Cheek Clary Cloud Cocke Coker of Cherokee Coker of Walker Cornelius Cotton Cowart Coxwell Deal Dean of Rockdale Deen of Bacon Denmark Denson Dozier Drinkard Duncan Edenfield Elder
English Eyler Fain Floyd Fordham Foster Fowler of Douglas Fowler of Tift Freeman Frier Garrard Gilleland Gillis Green of Rabun Grimsley Groover Gross of Stephens Gross of Dade Gunter Hall Hardaway Harrell Harrison of Jeff Davis Harrison of Wayne Hawkins Hayes Henderson Hendrix Hodges Hogan ' 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 Killingsworth King of Whitfield King of Chattahoochee King of Pike Kitchens Lam Land Lanier Lavender Lindsey Lokey Long Lowe Mackay Mallory Martin Mashburn Matheson of Hart Matthews Mauldin McCracken McGarity McKelvey McKenna Mincy Mobley Moore Moorman Mull Murphey of Crawford Murphy of Haralson Murr Musgrove Nightingale Nilan Odom Palmer Parker
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JOURNAL OF THE HOUSE,
Peacock Pelham Perkins Peters Pettey Phillips of Columbia Phillips of Walton Pickard Potts Raulerson Ray Reed Register Rodgers Roughton Ruark Russell Short
Singer Sivell Smith of Evans Smith of Emanuel Hoke Smith of Fulton Sognier Souter Stephens of Clarke Stevens of Marion Stewart Strickland Stripling Tamplin Tanner Tarpley Todd Truelove Turk
Twitty Underwood of
Montgomery Upshaw Veal Watson Weems Wheeler Williams Willingham Willis Wilson of Towns Wilson of Peach Wooten Young Mr. Speaker
(Moate)
Those not answering to the roll call were Messrs. Cason, Chambers, Chastain, Duke, Flynt, Greene of Crisp, Holley, Larkins, Love, Massee, Mathis, McWhorter, Ramsey, Rowland, Rutland, Sanders, Scoggin, Sheffield, M. M. Smith of Fulton, Terrell, Underwood of Bartow, and Wright.
Mr. Veal of Putnam, Acting Chairman of the Committee on Journals re ported 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 Bills and general Bills with local application.
4. 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 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 tion the following Bills of the Senate and has instructed me as Chairman, to
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report the same back to the House with the following recommendations: SB 159. Do Pass, as amended. SB 12. Do Pass. SB 165. Do Pass. Respectfully submitted, Short of Colquitt, Chairman.
Mr. Johnson 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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendation:
SB 107. Do Pass.
Respectfully submitted,
Jackson of Jones,
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 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.
Respectfully submitted,
Harrison of Wayne,
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 166. Do Pass. Respectfully submitted,
Hoke Smith of Fulton,
Chairman.
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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 58. Do Pass.
Respectfully submitted,
Russell of Barrow,
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 and Resolution of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SR 45. Do Pass, as amended.
SB 163. Do Pass.
Respectfully submitted,
Drinkard of Lincoln,
Chairman.
Mr. Drinkard of Lincoln County, Chairman of the Committee on State of Republic, submitted the following report:
Mr. Speaker:
Your Committee on State of Republic has had under consideration the fol lowing Bills and Resolutions of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recom mendations :
SR 34. Do Not PassSB 133. Do Pass SB 135. Do Pass, SB 80. Do Pass SB 88. Do Pass SB 108. Do Pass SB 139. Do Pass. SR 35. Do Pass, as amended. HR 152. Do Pass, by substitute.
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1215
SR 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 Bill of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendation:
SB 126. 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 House to wit:
HB 131. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to amend an Act relating to Credit Unions, so as to provide for increasing the borrowing power of credit unions; to provide for increasing the amount of surety bonds carried on offi cials of credit unions; to provide for increasing the proportion of annual earnings each credit union shall set apart to their reserve fund; and for other purposes.
HB 152. By Messrs. Duke and Massee of Baldwin:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Milledgeville, so as to change the corporate limits and for other purposes.
HB 153. By Messrs. Duke and Massee of Baldwin:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Milledgeville, so as to change the corporate limits, and for other purposes.
HB 364. By Messrs. Gunter and Williams of Hall:
A Bill to be entitled an Act to amend the Charter of the City of Gainesville by defining and establishing the Corporate limits, and for other purposes.
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JOURNAL OP THE HOUSE,
HB 257. By Mr. Lokey of Pulton:
A Bill to be entitled an Act to amend an Act relating to the time, place and manner of holding Public Sales of Property under execution, etc.; and for other purposes.
HB 366. By Messrs. Hall of Ployd, Moate of Hancock and others:
A Bill to be entitled an Act to amend an Act establishing a retirement system for certain teachers; and for other purposes.
HB 382. By Messrs. Moate of Hancock, Willingham of Cobb and Groover of Bibb:
A Bill to be entitled an Act to amend the intangible Property Tax Act of 1953; and for other purposes.
HB 442. By Mr. Key of Jasper:
A Bill to be entitled an Act to amend an Act of the General Assembly entitled "An Act to limit the effect of and time for enforcing convey ance of real property to secure debt by providing for a reversion of title, when title shall revert, when powers of sale shall be exercised, etc.; and for other purposes.
HB 467. By Messrs. Groover of Bibb and Chastain of Thomas:
A Bill to be entitled an Act to prescribe fees for the renewal of pro fessional licenses; and for other purposes.
HB 473. By Messrs. Moate of Hancock, Harrison of Jeff Davis, Underwood of Montgomery, and many, many others:
A Bill to be entitled an Act to amend an Act creating the Minimum Foundation Program of Education, as relating to contracts of profes sional personnel, so as to provide for an election of teachers, principals, and other school employees upon the vote of a majority of the entire membership of the Board of Education without the recommendation of the County Superintendent; and for other purposes.
HB 531. By Messrs. Groover of Bibb, Blalock of Clayton, Coker of Cherokee and Chastain of Thomas:
A Bill to be entitled an Act to amend an Act relating to the distribution of laws, journals and reports to the Courts, so as to provide that laws, journals, and reports distributed to the counties shall remain the prop erty of the State; and for other purposes.
HB 336. By Messrs. Sanders, Chambers and Holley of Richmond:
A Bill to be entitled an Act to provide for subsistence allowances to peace officers for purpose of federal income taxation, and for other purposes.
HB 340. By Mr. M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act entitled An Act to repeal an Act providing for the securing of a license from county authorities
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1217
to sell fireworks; to prohibit the sale, offering for sale or exposing for sale fireworks except under certain conditions; and for other purposes.
HB 378. By Messrs. Chambers, Holley and Sanders of Richmond:
A Bill to be entitled an Act to authorize the Ordinary of any county having a population of not less than 100,000 nor more than 114,000 to maintain microfilm records of the official organ of the County or news papers and such other records as may be required by law; and for other purposes.
HB 418. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A Bill to be entitled an Act to fix the salary of the Clerk of the Superior Court of Fulton County; to make the effective date of this Act January 1, 1956, and for other purposes.
HB 444. By Mr. Russell of Barrow:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Auburn, and for other purposes.
HB 485. By Messrs. Moate of Hancock, Groover of Bibb, Key of Jasper, Brannen of Dooley and many others:
A Bill to be entitled an Act to amend an Act providing a uniform method of fixing, limiting, and restricting the salary, allowances and travel expense of certain state officials, and for other purposes.
HB 491. By Messrs. H. Smith, Lokey 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 of said county, and for other purposes.
HB 490. By Mr. Killingsworth of Clay:
A Bill to be entitled an Act to extend the jurisdiction of the Court of Ordinary of the County of Clay; and for other purposes.
HB 492. By Mr. Russell of Barrow:
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 Winder, so as to enlarge the corporate limits of the City of Winder; and for other purposes.
HB 495. 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 for a Budget in all counties of this State having a population of two hundred thousand, so as to increase the reserve permitted under the Act of 1955, and to authorize the sale of industrial property without adver tisement; and for other purposes.
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JOURNAL OF THE HOUSE,
HB 496. By Mr. Jordan of Wheeler:
A Bill to be entitled an Act to create additional compensation for the Sheriff of Wheeler County; and for other purposes.
HB 498. By Mr. Jordan of Wheeler:
A Bill to be entitled an Act to amend an Act creating the offices of Tax Collector, Tax Receiver and County Treasurer of the County of Wheeler; and for other purposes.
HB 497. By Mr. Fain of Franklin:
A Bill to be entitled an Act to amend an Act incorporating the City of Franklin Springs; and for other purposes.
HB 507. By Messrs. Register and Mathis of Lowndes:
A Bill to be entitled an Act to amend an Act providing for the regulation of the installation of Warm Air Heating equipment in certain counties; and for other purposes.
HB 508. By Mr. Land of Wilkinson:
A Bill to be entitled an Act to repeal an Act entitled An Act to incorpo rate the Town of Allentown; and for other purposes.
HB 510. By Mr. Rodgers of Charlton:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for the County of Charlton; and for other purposes.
HB 466. By Mr. Stewart of Ben Hill:
To be entitled an Act to amend the charter of the City of Fitzgerald, and for other purposes.
HB 468. By Mr. Edenfield of Mclntosh:
To be entitled an Act to amend an Act relating to the regulation of the installation of warm air heating equipment in counties having a certain population, and for other purposes.
HB 469. By Messrs. H. Smith and Lokey of Fulton:
To be entitled an Act to amend an Act entitled An Act to authorize the governing authorities of the several municipalities of this State to enact zoning and planning ordinances and regulations, providing that the said Act shall apply to municipalities having a population of 300,000 or more, and for other purposes.
HB 480. By Mr. Barber of Jackson:
To be entitled an Act to amend an Act establishing the City Court of Jefferson so as to provide the raising of salaries of the Judge and Solicitor of the City Court, and for other purposes.
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HB 488. By Russell of Barrow:
To be entitled an Act to amend an Act creating a new charter for the City of Winder, Georgia, so as to provide and confer upon the City of Winder the right, power and authority to establish, provide and main tain through cadastral survey, a field book system for real property identifications and evaluations, and for other purposes.
HB 489. By Mr. Russell of Barrow:
To be entitled an Act to amend an Act entitled An Act to provide and establish a new charter for the City of Winder, and for other purposes.
HB 494. By Messrs. Chambers, Holley and Sanders of Richmond:
To be entitled an Act vesting in the City Council of Augusta power and authority to sell and convey by warranty deed executed by the Mayor and Clerk of Council to Sears, Roebuck & Company for $377,250.00, the fee simple title to all that tract or parcel of land in the City of Augusta on the North-east corner of Walton Way and Fifteenth St., etc., and for other purposes.
HB 499. By Messrs. Hall, Scoggin and Wright of Floyd:
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 500. By Messrs. Hall, Scoggin and Wright of Floyd:
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, by providing that the retirement benefits payable to employees who retired before amendment of Feb. 25, 1949 shall be computed on the same basis as those after same, and for other purposes.
HB 504. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
To be entitled an Act to amend an Act entitled An Act to supplement the salaries of the Judges of the Superior Court of Fulton County as paid by the State, etc., and for other purposes.
HB 505. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A Bill to amend an Act to limit in counties having a population of 300,000 or more according to the United States census of 1950 or any future United States census the use by such counties of convict labor, county property or county funds for the purpose of building or main taining a system of county roads so as to redefine the term 'subdivision' and to prescribe the conditions under which a county of such classifica tion may perform road work; and for other purposes.
HB 515. By Mr. Hendrix of Long:
A Bill to be entitled an Act to amend an Act entitled An Act to provide that the Ordinary of Long County shall receive $50.00 per month in addition to fees; and for other purposes.
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JOURNAL OF THE HOUSE,
HB 516. By Mr. Roughton of Washington:
A Bill to be entitled an Act to amend an Act creating the City charter of Sandersville; and for other purposes.
HB 517. By Messrs. Matthews and Stephens of Clarke:
A Bill to be entitled an Act to amend an Act relating to Clarke County Fire, Sanitation, and Sewerage Districts, so as to extend the AtlantaAthens Highway District; and for other purposes.
HB 518. By Messrs. Kelley and Kilgore of Gwinnett:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Lawrenceville; and for other purposes.
HB 519. By Messrs. Perkins and Duncan of Carroll:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues for Carroll County; and for other purposes.
HB 520. By Messrs. Duncan and Perkins of Carroll:
A Bill to be entitled an Act to amend an Act establishing the City Court of Carrollton, and for other purposes.
HB 524. By Messrs. Lindsey and Bolton of Spalding:
A Bill to be entitled an Act to provide that the Board of Commissioners of Roads and Revenues of Spalding County shall be the agency to co operate with the Georgia Agricultural Extension Service in the employ ment of the County Agricultural Agent and the County Home Demon stration Agent, and for other purposes.
HB 557. By Mr. Musgrove of Clinch:
A Bill to be entitled an Act to provide that members of the county Boards of Education to counties having a population of not less than 5,970 or more than 6,008, shall be paid a per diem of twenty dollars per day for actual services, and for other purposes.
HB 559. By Mr. Rodgers of Charlton:
A Bill to be entitled an Act to provide that members of the Board of Education in all counties having a population of not more than 4,950 and not less than 4,815, shall be paid the sum of $20.00 for each day's service, not to exceed forty dollars per month, and for other purposes.
HB 512. By Mr. Murphy of Haralson:
A Bill to be entitled an Act to authorize the governing authority of the City of Bremen, to levy an additional tax for educational purposes; and for other purposes.
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HB 513. By Messrs. Duncan and Perkins of Carroll:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Whitesburg, and for other purposes.
HB 523. 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 criminal court of Atlanta, so as to increase and fix the annual sala ries of the Judges of said criminal court of Fulton County; and for other purposes.
HB 526. By Messrs. Lam and Birdsong of Troup:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Troup County; and for other purposes.
HB 528. By Messrs. Willingham, Reed and Bentley of Cobb:
A Bill to be entitled an Act creating a new charter for the Town of Acworth and for other purposes.
HB 551. By Messrs. Mincy and Frier of Ware:
A Bill to be entitled an Act to provide that any political party primary for choosing nominees for county officers in Ware County shall be held on the same day that the State primary for such political party is held for choosing nominees for members of the General Assembly; and for other purposes.
HB 555. By Mr. Jones of Lumpkin:
A Bill to be entitled an Act to authorize the governing authority of Lumpkin County to create and establish restricted zones or districts; and for other purposes.
HR 76-214a. By Messrs. Lokey and H. Smith of Fulton:
Proposing to the people of Georgia for ratification or rejection an amend ment to Article VI, Section III, Paragraph I of the Constitution of Georgia of 1945, fixing the terms of office of the Judges of the Superior Court of the Atlanta Judicial Circuit, and for other purposes.
HR 77-214b. By Messrs. Watson and Denson of Dougherty:
Proposing an amendment to the Constitution so as to provide for the establishment of a sewage system in the City of Albany and Dougherty County; and for other purposes.
HR 79-214d. By Messrs. Willis and Chastain of Thomas:
Proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of Thomas County by districts; and for other purposes.
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JOURNAL OF THE HOUSE,
HE 82-214g. By Messrs. Wright, Hall and Seoggin of Floyd:
Proposing an amendment to the Constitution so as to provide for the establishment and administration of a system of street lights for Floyd County by the Commissioner of Roads and Revenues, and for other purposes.
HR 84-214J. By Messrs. Watson and Denson of Dougherty:
Proposing an amendment to the Constitution so as to provide for the establishment of a sewage system in the City of Albany and Dougherty County; and for other purposes.
HR 105-300f. By Mr. Phillips of Walton:
Proposing an amendment to the Constitution, exclusive of those residing within the corporate limits of Social Circle, so as to provide that all of Walton County exclusive of the Independent School System of Social Circle shall comprise one school district, etc., and for other purposes.
HR 155-454b. By Mr. Fowler of Tift: To compensate Mrs. Lillian Lord for damages; and for other purposes.
HR 90-261d. By Messrs. Cheatham, Eyler and Sognier of Chatham:
Authorizing compensation to Theolia F. Todd for damages, and for other purposes.
HR 173-477J. By Mr. Killingsworth of Clay:
To compensate Hal Saunders, Jr., for expenses incurred and for other purposes.
HR 96-261J. By Messrs. Bodenhamer and Fowler of Tift:
To relieve J. T. Bruce, J. C. Barfield and H. H. Gill as sureties, and for other purposes.
HR 118-319J. By Messrs. Sanders, Holley and Chambers of Richmond:
Proposing an amendment to the Constitution authorizing the General Assembly to consolidate and combine the Richmond County and City Council of Augusta tax assessors for both real and personal property and all the governmental functions now bested in and exercised by the said boards in the City Council of Augusta and Richmond County; and for other purposes.
HR 129-348g. By Mr. McCracken of Jefferson:
Proposing an amendment to Article VII, Section V, Paragraph I, of the Constitution, so as to authorize the City of Louisville, in Jefferson 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 Louisville; and for other purposes.
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HR 138-399b. By Mr. Singer of Stewart:
Proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of Stewart County, and for other purposes.
HR 140-399d. By Messrs. Kilgore and Kelley of Gwinnett:
Proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of Gwinnett County, and for other purposes.
HR 143-399g. By Messrs. Gunter and Williams of Hall:
Proposing an amendment to the Constitution to provide that the General Assembly may grant to the governing authority of Hall County, the right to construct, grade, pave, repave and repair roads and streets etc., and for other purposes.
HR 147-428a. By Mr. Singer of Stewart:
Proposing an amendment to the Constitution so as to provide for the existence of schools in certain towns in Stewart County, and for other purposes.
HR 148-428b. By Messrs. Gunter and Williams of Hall:
Proposing an amendment to the Constitution so as to provide for the establishment of fire prevention districts in Hall County outside mu nicipalities; and for other purposes.
HR 149-428c. By Messrs. Gunter and Williams of Hall:
Proposing an amendment to the Constitution so as to provide for the selection and appointment of a Superintendent of the Hall County School System by the Hall County Board of Education; and for other purposes.
HR 170-477g. By Messrs. Nightingale and Killian of Glynn:
Proposing an amendment to the Constitution so as to provide for the establishment of a sewage system in the City of Brunswick and Glynn County, and for other purposes.
HR 171-477h. By Messrs. Nightingale and Killian of Glynn:
Proposing an amendment to the Constitution so as to provide for the establishment, acquiring, constructing, improving and operating Munici pal Port and Terminal Facilities in the City of Brunswick and Glynn County, and for other purposes.
HR 172-477J. By Messrs. Nightingale and Killian of Glynn:
Proposing an amendment to the Constitution so as to provide for the establishing of a sewage system in the City of Brunswick and Glynn County, and for other purposes.
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JOURNAL OP THE HOUSE,
HR 175-4771. By Messrs. Nightingale and Killian of Glynn:
A Resolution proposing an amendment to the Constitution so as to pro vide for the establishment acquiring constructing, improving and oper ating of municipal port and Terminal facilities in the City of Brunswick and Glynn County; and for other purposes.
HR 186-531a. By Messrs. H. Smith, M. Smith and Lokey of Pulton:
A Resolution proposing to the qualified voters of the State of Georgia an amendment to Article VI, Section I of the Constitution of the State of Georgia of 1945.
HB 199-531n. By Messrs. Jones and Hogan of Laurens:
A Resolution proposing an amendment so as to authorize the Town of Dudley in Laurens County, to levy a tax not to exceed one mill for the purpose of creating a fund to be used in assisting, promoting and en couraging the location of any industries in the Town of Dudley; and for other purposes.
HR 201-531p. By Mr. Sheffield of Brooks:
A Resolution proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of Brooks County; and for other purposes.
HR 235. By Messrs. Lindsey and Bolton of Spalding:
A Resolution commending Honorable John J. Flynt, Jr., and for other purposes.
The Senate has passed by Substitute by the requisite constitutional majority the following Bills of the House to wit:
HB 141. By Messrs. Duke and Massee of Baldwin and Jackson of Jones:
A Bill to be entitled an Act to amend an Act relating to the restoration to sanity of insane persons; relating to lunacy trials of persons at Milledgeville State Hospital, and for other purposes.
HB 486. By Messrs. Moate of Hancock, Groover of Bibb, Key of Jasper, Brannen of Dooly, and many others:
To be entitled an Act to amend an Act relating to the salary of the Commissioner of Agriculture, and for other purposes.
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following Bills and Resolutions of the House to wit:
HB 124. By Messrs. McWhorter, Rutland and Mackay of DeKalb: A Bill to be entitled an Act to amend, revise, supersede, and consolidate
THURSDAY, FEBRUARY 16, 1956
1225
the laws pertaining to the Governing Authority of DeKalb County, and for other purposes.
HB 142. By Messrs. Duke and Massee of Baldwin and Jackson of Jones:
A Bill to be entitled an Act to amend an Act relating to a commission to examine persons for whom guardianship is sought or committal to the Milledgeville State Hospital is sought, and for other purposes.
HB 256. By Messrs. Lokey and H. Smith of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, relating to elections, and for other purposes.
HB 316. 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 College Park, and for other purposes.
HB 317. 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 College Park, and for other purposes.
HB 367. By Messrs. Hall, Scoggin and Wright of Floyd:
A Bill to be entitled an Act to amend an Act entitled an Act to authorize and empower Floyd County by and through its Board of Commissioners of Roads and Revenue to provide, construct and/or maintain in the territory of said County outside the limits of incorporated municipalities, etc., 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:
HR 123-348a. By Messrs. Young, Nilan and Pickard of Muscogee:
A Resolution proposing an amendment to the Constitution to empower the Board of Commissioners of Roads and Revenues of Muscogee County for regulatory and revenue purposes, to assess and collect license fees and occupational taxes, etc.; and for other purposes.
HR 166-477c. By Mr. Strickland of Toombs:
A Resolution proposing an amendment to the Constitution so as to create the Vidalia Development Authority; to provide for the powers, authority, funds, purposes and procedure connected therewith; and for other purposes.
HB 384. By Messrs. Moate of Hancock, Willingham of Cobb, and Groover of Bibb:
A Bill to be entitled an Act to amend an Act, being a portion of the income Tax Laws; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bills of the House to wit:
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JOURNAL OP THE HOUSE,
HB 455. By Messrs. Pickard of Muscogee and Duncan:
A Bill to be entitled an Act to provide that no person shall construct or operate in intrastate commerce within this State any pipeline without first obtaining a certificate from the Georgia Public Service Commis sion; and for other purposes.
By unanimous consent, the following Bills and Resolutions of the Senate, favorably, reported, were read the second time:
SB 80. By Senator Overby of the 33rd:
A Bill to be entitled an Act to amend an Act relating to the compensa tion of the members of the State Board of Health, and for other purposes.
SB 107. By Senator Millican of the 52nd:
A Bill to be entitled an Act to authorize the transfer to Milledgeville State Hospital without formal commitment of persons enrolled in the Georgia Training School for Mental Defectives; and for other purposes.
SB 108. By Senators Hollis of the 24th, Lovett of the 16th and Millican of the 52nd:
A Bill to be entitled an Act to prohibit officers and departments of State government from spending budgeted funds for any purpose other than the one for which the fund was allocated, and for other purposes.
SB 110. By Senators Millican of the 52nd, Hollis of the 24th and Lovett of the 16th:
A Bill to be entitled an Act to amend the Act creating the State Board of Corrections as to the requirement of a formal adjudication of mental disease before a prisoner is transferred to Milledgeville State Hospital, and for other purposes.
SB 135. By Senator Overby of the 33rd:
A Bill to be entitled an Act to repeal an Act relative to non-resident real estate brokers and agents, and application for licenses as such, and for other purposes.
SB 159. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act creating a Joint-City County Board of Tax Assessors in all counties having a population of 300,000 or more; and for other purposes.
SB 165. By Senator Florence of the 39th:
A Bill to be entitled an Act to amend an Act entitled An Act to place the Clerk of the Superior Court, the Ordinary, the Tax Commissioner, and the Sheriff of Cherokee County on a salary basis in lieu of a fee basis; and for other purposes.
THURSDAY, FEBRUARY 16, 1956
1227
SB 166. By Senator Brooks of the 50th:
A Bill to be entitled an Act to amend an Act establishing the City Court of Lexington in the County of Oglethorpe, and for other purposes.
SB 163. By Senators Harrison of the 17th and Turner of the 34th:
A Bill to be entitled an Act to amend an Act relating to the Director of Public Health, so as to change the provisions as to the compensation of the Director, and for other purposes.
SR 35. By Senator Overby of the 33rd:
A Resolution creating a committee to study the advisability of con structing a building for the purpose of storing county and State records; and for other purposes.
SR 44. By Senators McDonald of the 43rd, Brooks of the 50th, Dean of the 40 and Steis of the 25th:
A Resolution to provide for the appointment of a Commission composed of five members to study the problems of consumer financing of personal property in this State and to make recommendations; and for other purposes.
By unanimous consent, the following Bills and Resolution of the Senate were withdrawn from the Committee on State of the Republic, read the second time and recommitted to the Committee on State of the Republic:
SB 18. By Senators Dews of the 9th, Dean of the 40th and others:
A Bill to be entitled an Act to amend an Act making it a crime to take indecent liberties with a child of either sex, and for other purposes.
SR 45. By Senator Millican of the 52nd:
A Resolution proposing a constitutional amendment so as to change the number of days within which the Governor shall submit the budget message to the General Assembly, and for other purposes.
By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Municipal Government, read the second time and recommitted to the Committee on Municipal Government:
SB 51. By Senator Matthews of the 47th:
A Bill to be entitled an Act to amend an Act relating to public utilities in the City of Moultrie, and for other purposes.
By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on General Judiciary # 1, read the second time and recommitted to the Committee on General Judiciary # 1:
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JOURNAL OF THE HOUSE,
SB 38. By Senator McDonald of the 43rd:
A Bill to be entitled an Act to amend an Act relating to larceny or theft, and for other purposes.
By unanimous consent, the following Bills of the Senate were taken up for consideration and read the third time:
SB 123. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act establishing the Criminal Court of the City of Atlanta, and for other purposes.
The following amendment was read and adopted:
Messrs. H. Smith, M. Smith and Lokey of Fulton move to amend SB 123 by adding thereto the following section to immediately precede the repealing section, to be appropriately numbered and the repealing section to be renumbered, as follows: "Section ._..,,. The said Solicitor of the Criminal Court shall not after March 1, 1957 engage in the pri vate practice of law but shall devote his full time to the said Criminal Court."
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.
SB 12. By Senator Parker of the 20th:
A Bill to be entitled an Act to amend an Act so as to provide for Com missioner Districts in Baldwin County, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 103, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
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 148. By Senator Harrison of the 17th: A Bill to be entitled an Act to amend an Act relating to license and
THURSDAY, FEBRUARY 16, 1956
1229
excise taxes upon the business of dealing in malt beverages; and for other purposes.
By unanimous consent, the following Bill of the Senate was read the first time and referred to the Committee:
Under the regular order of business, the following Resolution of the Senate was taken up for consideration and read the third time:
SR 42. By Senator Millican of the 52nd:
A RESOLUTION
Proposing to the qualified voters that Article VII of the Consti tution of the State of Georgia of 1945 be amended by adding thereto a new section to be approximately numbered so as to authorize the City of Atlanta to incur debt to the extent of twelve (12%) per centum of the assessed value of all the taxable property therein, and for other purposes.
BE IT RESOLVED AND, IT IS HEREBY RESOLVED by the General Assembly of Georgia:
SECTION 1.
That Article VII of the Constituion of the State of Georgia, as amended, be further amended by adding at the end thereof a new section to be appropriately numbered and to read as follows:
SECTION
"Paragraph I. Notwithstanding any other provision of this Article, the total indebtedness hereafter incurred by the City of Atlanta, except as in this Constitution provided for, shall never exceed twelve (12%) per centum of the assessed value of all the taxable property therein, provided such indebtedness shall be author ized by the assent of the majority of the qualified voters of said City voting in an election for that purpose to be held as prescribed by law;
Provided further, that the indebtedness of said City, now exist ing for other purposes or hereafter incurred, for its lawful corporate purposes, other than school purposes, shall never exceed eight (8%) per centum of the assessed value of all the taxable property therein; And provided further, that the indebtedness of said City, hereafter incurred, for the purpose of providing funds to acquire, construct, equip, improve and add to new or existing school buildings or facili ties of the school system of the City, and for the acquisition of the
1230
JOURNAL OF THE HOUSE,
necessary land and other property therefor and the payment of expenses incident theretof, shall never exceed four (4%) per centum of the assessed value of all the taxable property therein."
SECTION II.
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, the Governor is hereby authorized and instructed to cause such proposed amendment to be published as provided in Article XIII, Section I, Paragraph I, of the Constitution of Georgia of 1945, as amended, for two months previous to the time of the general election at which the above proposed amend ment shall be submitted for ratification or rejection to the electors, as provided for in said paragraph of the Constitution.
At said general election, this amendment shall be submitted to the people of Georgia for ratification or rejection. Those desiring to vote in favor of the amendment shall have written or printed on their ballots the words "For ratification of the amendment to Article VII of the Constitution of the State of Georgia of 1945, authorizing the City of Atlanta to incur debt to the extent of twelve (12%) percentum of the assessed value of all the taxable property therein, of which debt, eight (8%) per centum shall be for lawful corporate purposes, other than school purposes, and four (4%) per centum shall be for school pur poses." Those desiring to vote against the ratification of the amendment shall have written or printed on their ballots the words "Against rati fication of the amendment to Article VIl of the Constitution of the State of Georgia of 1945, authorizing the City of Atlanta to incur debt to the extent of twelve (12%) per centum of the assessed value of all the taxable property therein, of which debt, eight (8%) per centum shall be for lawful corporate purposes, other than school purposes, and four (4%) per centum shall be for school purposes."
If the people shall ratify such amendment by a majority of the electors qualified to vote voting thereon, such amendment shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who, shall, if such amendment be ratified, make proclamation thereof.
The following amendment was read and adopted:
Mr. Lokey of Fulton moves to amend SR 42 by striking the word "other" from line 14 of Section 1, and substituting in lieu thereof the word "all".
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to, as amended.
On the adoption of the Resolution, as amended, the roll call was ordered and the vote was as follows:
THURSDAY, FEBRUARY 16, 1956
1231
Those voting in the affirmative were Messrs.:
Alien Ayers Bagby Barber of Colquitt Barker Baug-hman Birdsong Blalock Bloodworth Bodenhamer Bolton Brannen Brown Campbell Gates Chambers Clary Cloud Cocke Coker of Walker Cornelius Cotton Cowart Coxwell Deal Deen of Bacon Denmark Denson Drinkard Duncan Elder English Eyler Fain Floyd Foster Fov/ler of Douglas Fowler of Tift Freeman
Frier Garrard Gillis Greene of Crisp Grimsley Gross of Stephens Gross of Dade Gunter Harrell Hawkins
Hayes Henderson Hendrix Hodges Hogan Holley Houston Huddleston Hudson Jessup Johnson of Gilmer Jones of Worth Jones of Lumpkin Jones of Laurens Jones of Sumter Jordan Kennedy of Turner Kennedy of Tattnall Kilgore Killian Killingsworth King of Whitfield King of Chattahoochee Lam Larkins Lavender Lindsey Lokey Long Mallory Martin Mashburn Massee Mathis of Lowndes Mauldin McCracken McGarity MeKelvey McKenna Mobley Moore Moorman Mull Murphey of Crawford Murphy of Haralson Murr Musgrove Nightingale Nilan
Odom Parker Peacock Peters Pettey Phillips of Columbia Pickard Potts Raulerson Ray Register
Rodgers Roughton Rowland Rutland Sanders Short Smith of Evans Hoke Smith of Fulton M. M. Smith of Fulton Sognier S outer Stephens of Clarke Stewart Strickland Stripling Tamplin Tanner Tarpley Terrell Todd Truelove Twitty Underwood of Bartow Underwood of
Montgomery Upshaw Veal Watson Wheeler Williams Willingham Willis Wilson of Towns Wilson of Peach Wooten
Young
Those voting in the negative were Messrs.:
Carlisle
Kelley
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JOURNAL OP THE HOUSE,
On the adoption of the Resolution, as amended, the ayes were 144, nays 2.
The Resolution, having received the requisite two-thirds constitutional majority, was adopted, as amended.
The following Bills and Resolutions of the House were taken up for the purpose of considering the Senate amendments and substitutes thereto:
HB 367. By Messrs. Hall, Scoggin and Wright of Floyd:
A Bill to be entitled an Act to amend an Act to authorize and empower Ployd County by and through its Board of Commissioners of Roads and Revenue, to provide, construct and/or maintain in the territory of said County outside the limits of incorporated municipalities a system of waterworks, and for other purposes.
The following Senate amendment was read:
Senator Davis of the 42nd moves to amend HB 367 by adding a sentence at the end of Section 1 thereof as follows: "Said county is further authorized and empowered to purchase from the owner thereof any existing waterline located within said county outside the City of Rome municipal corporate limits."
Mr. Hall of Ployd moved that the House agree to the Senate amendment to HB 367.
On the motion to agree, the ayes were 103, nays 0.
The Senate amendment was agreed to.
HR 166-477c. By Mr. Strickland of Toombs:
, A Resolution proposing an amendment to the Constitution so as to create the Vidalia Development Authority; and for other purposes.
The following Senate amendment was read:
The Committee on Judiciary offered the following amendment to HR 166-477c:
1. By adding to Paragraph C, Section 1, the following: "The ex emption from taxation herein provided shall not extend to tenants nor lessees of the Authority. The right of any private person to use or occupy any real estate of the Authority for a period of one year or longer under any lease or other agreement for the purposes of taxation shall be classed as an interest in the real estate and as real-property and shall be taxed as real property as now provided by law, or may be taxed as the General Assembly may hereafter provide by general or local law. The tax exemption herein provided also shall not include exemption from sale and use taxes on property purchased by the Authority or for use of the Authority.
2. By striking the word "General" wherever it appears in para graphs H and I of Section 1.
THURSDAY, FEBRUARY 16, 1956
1233
3. By inserting the following paragraph to follow after paragraph M in Section 1.
"N. There shall be no limitation upon the amount of debt which the Authority may incur, but no debt created by the Authority shall be a debt of the City of Vidalia, State of Georgia, nor Toombs County."
Mr. Strickland of Toombs moved that the House agree to the Senate amend ment to HR 166-477c.
On the motion to agree, the ayes were 138, nays 0.
The Senate amendment was agreed to.
HB 413. By Messrs. Ployd and Weems of Chattooga:
A Bill to be entitled an Act to amend an Act creating the City Court of Chattooga County; and for other purposes.
The following Senate substitute was read: By the Senate
CHATTOOGA CITY COURT
An Act to amend an Act creating the City Court of Chattooga County, Approved March 10, 1941 (Ga. Laws 1941, pp. 621-634), and all Acts amendatory thereof, more especially an Act approved February 23, 1943 (Ga. Laws 1943, p. 728); an Act approved March 26, 1947 (Ga. Laws 1947, p. 831); an Act approved February 17, 1950 (Ga. Laws 1950, p. 2639), an Act approved December 9, 1953 (November-December Session, Ga. Laws 1953, p. 2117) so as to provide that in all cases, civil and criminal, in said court which are to be tried by a jury, the same shall be tried by a jury of twelve jurors; to provide the manner of drawing, the number of, and the impaneling of, jurors in said court; to provide the number of peremptory challenges to which the parties shall be entitled in cases tried before a jury; to repeal conflicting laws; and for other purposes:
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA AS FOLLOWS:
SECTION 1.
An Act creating the City Court of Chattooga County, approved March 10, 1941 (Ga. Laws 1941, pp. 621-634), and all Acts amendatory thereof, more especially an Act approved February 23, 1943 (Ga. Laws 1943, p. 728); an Act approved March 26, 1947 (Ga. Laws 1947, p. 831); an Act approved February 17, 1950 (Ga. Laws 1950, p. 2639), and an Act approved December 9, 1953 (November-December Session, Ga. Laws 1953, p. 2117), is hereby amended by striking therefrom Section 27, relating to the drawing of jurors, and substitution in lieu thereof the following:
"Section 27. The trial of issues of facts in all cases in said court, when either party is entitled to a jury trial, shall be by a jury
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JOURNAL OF THE HOUSE,
of twelve jurors. In civil cases wherein a trial is to be had by a jury, the clerk of said court, shall from the petit jurors drawn, make up a panel of twenty four jurors and the parties shall strike from said panel alternately until there shall be twelve jurors left, which shall constitute the jury to try the case, the plaintiff to have the first strike. In criminal cases wherein a trial is to be had by a jury, said clerk shall, from the petit jurors drawn, make up a panel of twenty four jurors from which the parties shall strike alternately, the defendant to have the first strike and the right of challenging seven jurors peremptorily and the State five, thus leaving twelve jurors, which shall constitute the jury to try the case."
SECTION 2.
Said Act if further amended by striking therefrom Section 29 re lating to impaneling and striking of jurors, and substituting in lieu thereof the following:
"Section 29. (a) From the list of traverse jurors of the Su perior Court of Chattooga County as provided from time to time for such Superior Court, the Clerk of the City Court of Chattooga County shall prepare a separate ticket bearing the name of each traverse juror whose name appears on said superior court traverse jury list, and showing the number of the militia district in which each juror resides, and shall deposit said tickets in a box to be pre pared for that purpose, from which shall be drawn thirty-six tra verse jurors in the manner as now required by law in the superior courts, and as many more jurors may be drawn as are, in the dis cretion of the judge, necessary to provide for the efficient trial of cases. All laws with reference to the drawing, selecting, and sum moning traverse and tales jurors in the superior courts shall apply to the City Court of Chattooga County. All exemptions from jury duty now in force in the Superior Court of Chattooga County shall apply and be of effect in said court.
"(b) The jurors thus drawn shall receive the same pay that jurors are paid in Chattooga County Superior Court, same to be paid under the rules governing the payment of superior court jurors."
SECTION 3.
All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Floyd of Chattooga moved that the House agree to the Senate substitute to HB 413.
On the motion to agree, the ayes were 103, nays 0.
The Senate substitute was agreed to.
HB 486. By Messrs. Moate of Hancock, Groover of Bibb, and many others:
A Bill to be entitled an Act to amend an Act relating to the salary of the Commissioner of Agriculture; and for other purposes.
THURSDAY, FEBRUARY 16, 1956
1235
: The following Senate Substitute was read:
A BILL
To be entitled an Act to amend Code Section 5-105, relating to the salary of the Commissioner of Agriculture and his clerk, as amended by an Act approved March 25, 1947 (Ga. Laws 1947, p. 673), so as to change the compensation of the Commissioner; to provide that the Com missioner shall fix the salary of his clerk; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 5-105, relating to the salary of the Commissioner of Agriculture and his clerk, as amended by an Act approved March 25, 1947 (Ga. Laws 1947, p. 673), is hereby amended by striking said section in its entirety and in lieu thereof inserting the following:
"5-105. The salary of the Commissioner shall be at the rate of $7,500.00 per annum during the remaining time in the term of office of the incumbent and $12,000.00 per annum thereafter with an additional amount in each period of $800.00 annually for each four years of service with a State department financed by appro priations payable through the State Treasury up to twenty years and an annual contingent expense allowance in the amount of $2,400.00 in lieu of any and all traveling expense and the expense of purchasing a personal automobile for official use, with the ex ception of actual transportation expense incurred while traveling by public carrier or the expense incurred at the legal mileage rate for the use of a personal automobile and an annual contingent fund allowance effective only for the period remaining in the present term of office of the incumbent in the amount of $4,500.00 in lieu of any other expense to be borne personally by the Commissioner of Agriculture in the performance of his duties. The Commissioner shall fix the compensation of his clerk."
SECTION 2.
All laws and parts of laws in conflict with this Act are hereby repealed.
' Mr. Twitty of Mitchell moved that the House agree to the Senate substitute to HB 486.
On the motion to agree, the Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Bagby Barber of Colquitt
Barber of Jackson Barker Baughman Bentley
Birdsong Blackburn Bloodworth Bodenhamer
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JOURNAL OF THE HOUSE,
Bolton Brannen Caldwell Callier Campbell Carlisle
Gates Chambers Chastain Cheek Clary Cloud Cocke Coker of Cherokee Coker of Walker Cornelius Cotton Cowart Coxwell Dean of Rockdale Been of Bacon Denmark Drinkard Elder English Floyd Foster Fowler of Douglas Fowler of Tift Freeman Frier Garrard Gilleland Gillis Grimsley Groover Gross of Stephens Gunter Hall Hardaway Hawkins Hayes Henderson Hodges
Hogan Holley Houston Huddleston Hudson Ivey
Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Worth Jones of Lumpkin Jones of Laurens Jones of Sumter Kelley Kennedy of Turner Key Killian Killingsworth King of Whitfield King of Chattahoochee King of Pike Kitchens Land Lanier Larkins Lavender Lindsey Lokey Long Mallory Martin Mashburn Massee Matheson of Hart Mathis of Hart Matthews McGarity McKelvey McKenna McWhorter Mobley Moorman Mull
Murphey of Crawford Murphy of Haralson Murr Musgrove Nightingale Nilan Parker Pelham Peters Pettey Phillips of Columbia Phillips of Walton Potts Ray Register Roughton Rutland Sanders Scoggin Short Sivell Smith of Evans Hoke Smith of Fulton M. M. Smith of Fulton Souter Stephens Stewart Strickland Stripling Tarpley Terrell Todd Truelove Twitty Underwood of
Montgomery Upshaw Veal Watson Wheeler Willis Wilson of Peach Wooten Young
Those voting in the negative were Messrs.: Williams
On the motion to agree, the ayes were 143, nays 1.
The Senate substitute was agreed to. HR 123-348a. By Messrs. Young, Nilan and Pickard of Muscogee:
A Resolution proposing an amendment to the Constitution, to empower
THURSDAY, FEBRUARY 16, 1956
1237
the Board of Commissioners of Roads and Revenues of Muscogee County for regulatory and revenue purposes, to assess and collect license fees and occupational taxes; and for other purposes.
The following Senate amendment was read:
The Committee on General Judiciary moves to amend HR 123-348a by striking in lines 8 and 19 of the quoted paragraph in Section 1, the words "or the failure to pay any license fees or tax assessed under the authority herein granted".
Mr. Young of Muscogee moved that the House agree to the Senate amendment to HR 123-348a.
On the motion to agree, the ayes were 138, nays 0.
The Senate amendment was agreed to.
HB 124. By Messrs. McWhorter, Rutland and Mackay of DeKalb:
A Bill to be entitled an Act to amend, revise, supersede, and consolidate the laws pertaining to the Governing Authority of DeKalb County; and for other purposes.
The following Senate amendment was read:
County and Municipal Government Committee moves to amend HB 124 as follows:
1.
By Striking Section 5 thereof in its entirety and by substituting in lieu thereof a new section to be known as Section 5, and to read as follows:
"Section 5. Election Returns; Vacancies. In all elections for Chairman or member of the Commission held pursuant to this Act, the returns shall be canvassed and the results of same certified as provided by law for elections for members of the General Assembly, and the persons so certified shall be declared and deemed to be elected to such offices. In the event of a vacancy in the office of Chairman or a member of the Commission whose unexpired term exceeds 180 days, it shall be the duty of the Ordinary to call a special election for the filling of such vacancy, which election shall be gov erned by a general laws of force in this State in regard to special elections for the filling of vacancies. In the event such unexpired term does not exceed 180 days, it shall be the duty of the Ordinary to fill the vacancy by appointment."
2.
By adding at the end of Section 7 thereof immediately after the words "Ten Thousand ($10,000.00) Dollars", the words:
"The costs of said bonds shall be paid out of the County treasury."
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JOURNAL OF THE HOUSE,
3.
By striking from the second sentence of Section 8 thereof the words "as follows:", and by placing a period immediately after the word "amounts" immediately preceding the words so stricken.
4.
By adding at the end of Section 20 thereof the following words:
"A copy of the budget and of each revision or amendment to same shall be transmitted by the Chairman to the Grand Jury of the Superior Court of DeKalb County within ten days from the time such budget or amendment thereof is adopted by the Com mission."
5.
By adding at the end of Section 22 thereof the following words:
"Said accountant shall transmit to the Grand Jury of the Su perior Court of DeKalb County a copy of each quarterly and annual report furnished by him to the Commission."
6.
By adding between the words "prior to" and "Payment thereon" in the last sentence of Section 24 of said bill the words "execution, per formance and"; so that the last sentence of said Section 24 when so amended shall read as follows:
"Provided, however, that the provisions of this section shall not be applicable to any contract which has been approved, prior to execution, performance and payment thereon, by a majority of the Commission by a proper entry on the minutes of the Commission."
7.
By striking the period at the end of Section 26 of said Bill and substituting in lieu thereof a comma and by adding immediately fol lowing the same the following words:
"And the Ordinary of DeKalb County shall so declare and certify the same to the Secretary of State as required by law."
Mr. McWhorter of DeKalb moved that the House agree to the Senate amend ment to HB 124.
On the motion to agree, the ayes were 103, nays 0.
The Senate amendment was agreed to.
HB 327. By Mr. Harrison of Wayne:
A Bill to be entitled an Act to amend an Act providing for retirement benefits for ordinaries of Georgia; and for other purposes.
THURSDAY, FEBRUARY 16, 1956
1239
The following Senate amendment was read:
The Committee on Judiciary moves to amend HB 327 by adding the words "may retire and" between the words "Section" and "may" in line 5 of the second paragraph of Section 1, so that the second paragraph of Section 1 shall read as follows:
"Provided, however, any other provisions of this Act to the contrary notwithstanding, any person who completes the required number of years of service and is otherwise qualified under this Act to receive retirement benefits in every manner except as regards reaching the age of 60 years as provided in the first sentence of this Section, may retire and may cease payments into the fund and upon reaching the age of 60, commence receiving the retirement benefits to which he is entitled."
Mr. Harrison of Wayne moved that the House agree to the Senate amendment to HB 327.
On the motion to agree, the Speaker ordered the roil call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Ayers Barber of Jackson Barker Baughman Bentley Birdsong Blackburn Blalock Bloodworth Bodenhamer Bolton Brannen Brown Caldwell Callier Campbell Carlisle Gates Chambers Cheek Clary Cloud Cocke Coker of Walker
Cornelius Cowart Coxwell Deal Dean of Rockdale
Deen of Bacon Denmark Denson Dozier Drinkard Duke Duncan Elder English Eyler Fain Floyd Foster Fowler of Tift Freeman Frier Garrard Gilleland Gillis Greene of Crisp Grimsley Groover Gross of Stephens Gunter Harrell Harrison of Wayne Hawkins Henderson Hodges Hogan Holley
Huddleston Hudson Ivey Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Worth Jones of Laurens Jones of Sumter Killingsworth King of Whitfield King of Chattahoochee Land Larkins Long Mallory Martin Mashburn Massee Matheson of Lowndes Mathis of Hart Mauldin McGarity McKelvey McKenna McWhorter Mincy Mobley Moore Moorman
1240
JOURNAL OF THE HOUSE,
Mull Murphey of Crawford Murr Musgrove Nightingale Nilan Palmer Pelham Pettey Phillips of Columbia Phillips of Walton Raulerson Register Rodgers Roughton
Russell Rutland Sanders Short Smith of Evans M. M. Smith of Fulton Sognier Souter Stevens of Marion Stewart Strickland Stripling Tanner Tarpley Terrell
Todd Truelove Turk Twitty Underwood of Bartow Upshaw Veal Wheeler Williams Willingham Willis Wilson of Peach Wooten
Those voting in the negative were Messrs.: Murphy of Haralson
On the motion to agree, the ayes were 136, nays 1.
The Senate amendment was agreed to.
HR 57-163f. By Messrs. Killian and Nightingale of Glynn:
A Resolution to designate a portion of State Route #32 as the Harrell Highway; and for other purposes.
The following Senate amendment was read:
Senator Raulerson of the 46th moves to amend HR 57-163f as fol lows : By striking the words "city limits of the Town of Patterson" from the second and third lines of Paragraph five of said Resolution and in serting in lieu thereof the following "west line of Brantley County."
Mr. Killian of Glynn moved that the House agree to the Senate amendment to HR 57-1631
On the motion to agree, the ayes were 103, nays 0.
The Senate amendment was agreed to.
HB 333. By Mr. Watson of Dougherty:
A Bill to be entitled an Act to amend an Act known as the Intangible Property Tax Act; and for other purposes.
The following Senate amendment was read:
The Finance Committee moves to amend HB 333 by adding the words "is the same or" between the words "capital stock of which" and the words "is wholly-owned by" wherever such words appear in said Act.
THURSDAY, FEBRUARY 16, 1956
1241
Mr. Watson of Dougherty moved that the House agree to the Senate amend ment to HB 333.
On the motion to agree, the ayes were 108, nays 0.
The Senate amendment was agreed to.
HB 142. By Messrs. Duke and Massee of Baldwin and Jackson of Jones:
A Bill to be entitled an Act to amend an Act relating to a commission to examine persons for whom guardianship is sought or committal to the Milledgeville State Hospital is sought; and for other purposes.
The following Senate amendment was read:
The Committee on Judiciary moves to amend HB 142 as follows:
By adding in the title, before the words "to repeal conflicting laws;", the words "to provide for exceptions;", and
By adding at the end of the new paragraph which is added to Code Section 49-604 in Section 1 of said Bill, at both places in Section 1 where said new paragraph is quoted, the words:
"Provided, however, the provisions of this paragraph shall not apply to the matters provided for in Section 49-612 of the Code, as amended."
Mr. Duke of Baldwin moved that the House agreed to the Senate amendment to HB 142.
On the motion to agree, the ayes were 111, nays 2.
The Senate amendment was agreed to.
HB 141. By Messrs. Duke and Massee of Baldwin and Jackson of Jones:
A Bill to be entitled an Act to amend an Act relating to the restoration to sanity of insance persons; and for other purposes.
The following Senate substitute was read:
Committee Substitute for HB 141:
A BILL
To be entitled an Act to amend an Act relating to sanity of insane persons, approved March 27, 1947 (Ga. Laws 1947, p. 1174), as amended by an Act approved February 15, 1952 (Ga. Laws 1952, p. 188), and an Act approved December 22, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 353), so as to provide that said Act shall apply to a determination of a person's sanity; to provide that under certain conditions, a release from Milledgeville State Hospital shall remove the necessity of filing a petition under the Act for restoration of sanity; to provide for the filing of orders and the transmittal of copies thereof; to provide for oral testimony and testimony by deposition; to prescribe the procedure connected with the
1242
JOURNAL OF THE HOUSE,
foregoing; to amend Sections 85-236 and 35-237 of the Code, relating to lunacy trials of persons at Milledgeville State Hospital, as amended by an Act approved December 18, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 321), and an Act approved March 3, 1955 (Ga. Laws 1955, p. 347), so as to provide for jury trials in county from which committed rather than in Baldwin County; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
An Act relating to the restoration to sanity of insane persons, ap proved March 27, 1947 (Ga. Laws 1947, p. 1174), as amended by an Act approved February 15, 1952 (Ga. Laws 1952, p. 188), and an Act ap proved December 22, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 353), is hereby amended by adding a new section thereto, to be known as Section 1A, to read as follows:
"Section 1A. The procedure provided for in this Act may be used by a person who has been adjudged a lunatic or a person of unsound mind, seeking to be judicially restored to sanity, and such procedure shall be a determination of sanity, as well as a determina tion of whether the guardian, if any, of such person may be dis missed."
SECTION 2.
Said Act is further amended by adding a new section thereto, to be known as Section IB, to read as follows:
"Section IB. In the event a person who has been committed to Milledgeville State Hospital is released therefrom as being sane, under order of the Superintendent, a copy of such order shall be transmitted by the Superintendent, within five (5) days of the date of such order, to the Ordinary of the county from which such person was committed, and thirty (30) days from the date of the receipt of such copy by the Ordinary, such person shall be deemed to have been legally restored to sanity, and it shall be the duty of the Ordinary to issue an order to that effect and enter such order on his minutes along with a copy of the order of the Superintendent, and such person shall not be required to follow the procedure pro vided for in this Act or any other law in order to be legally restored to sanity. In the event a person is released from Milledgeville State Hospital as being improved, under order of the Superintend ent, a copy of such order shall be transmitted by the Superintendent, within five (5) days of the date of such order, to the Ordinary of the county from which such person was committed, and shall be filed with the commitment papers of such person."
SECTION 3.
Said Act is further amended by striking Section 3 in its entirety, and inserting in lieu thereof a new Section 3, to read as follows:
"Section 3. Said commission shall convene after the expiration
THURSDAY, FEBRUARY 16, 1956
1243
of the ten day notice provided for herein, shall examine the peti tioner, shall hear such testimony, either orally or by deposition, as it deems necessary, and shall return its verdict and findings to the court within a period of thirty days from the issuance of said com mission. Testimony of any official or employee of the Milledgeville
State Hospital shall be taken only by deposition. The originals or copies of records of such Hospital shall be furnished, and copies thereof shall be admissible in the proceedings under this section. Said verdict, if it complies with the law as to form, shall be ap proved by the ordinary, and immediately filed and recorded upon his minutes, and in the absence of appeal, shall constitute a final judg ment, binding upon all parties, as to the mental condition of the applicant on the date of the return of said verdict by said commis sion. It shall be the duty of the ordinary, within ten (10) days of such verdict, to transmit a certified copy thereof to the Super intendent of the Milledgeville State Hospital, where it shall be filed permanently in the records of such Hospital."
SECTION 4.
Section 35-236 of the Code, relating to lunacy trials of persons at Milledgeville State Hospital, as recommended by an Act approved De cember 18, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 321), and an Act approved March 3, 1955 (Ga. Laws 1955, p. 347), is hereby amended by striking said Section in its entirety, and inserting in lieu thereof a new Section 35-236, to read as follows:
"Section 35-236. After admission of a patient to the Milledge ville State Hospital, as provided by law, except persons transferred thereto by the State Board of Corrections, the person adjudged to be a lunatic who alleges that the cause of his or her detention has ceased to exist, after refusal by the Superintendent of the Milledge ville State Hospital to discharge such patient, shall have the right in a proceeding brought by friend, or relative, who shall proceed as next friend, or by guardian, to have a trial of the question of lunacy by a jury, which shall be had, as hereinafter provided, in the superior court of the county from which such person was com mitted.
"The petition herein provided for shall be filed in such superior court, and the case shall stand for trial at the first term, provided, the petition be filed at least fifteen days before the commencement of the term. If filed less than fifteen days before the commencement of the term, the case shall stand for trial at the second term, and said case shall be subject in either event to continuance, as provided in other cases."
SECTION 5.
Section 35-237 of the Code, relating to lunacy trials of persons at Milledgeville State Hospital, as amended by an Act approved December 18, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 321), and an Act approved March 3, 1955 (Ga. Laws 1955, p. 347), is hereby amended by striking said Section in its entirety, and inserting in lieu thereof a new Section 35-237, to read as follows:
"Section 35-237. The petition provided for under this Act must
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JOURNAL OF THE HOUSE,
allege that the cause of commitment to the Milledgeville State Hos pital has ceased to exist and that if discharged therefrom, the patient would not be a source of danger to himself, or herself, or to others. The petition provided for herein shall be verified by the person filing the same, and shall be brought as next friend or guardian, and not otherwise. The petition herein provided for shall be brought against the Superintendent of Milledgeville State Hos pital. Upon presentation to the court of the verified petition herein provided for, the court shall issue a rule nisi directed to the Super intendent of Milledgeville State Hospital requiring that he make answer thereto on or before the date or term therein specified. The petition and rule nisi shall be served upon the Superintendent in the manner provided in that Act of the General Assembly approved February 16, 1945 (Ga. Laws 1945, p. 147), or in any manner now or hereafter provided for by law. If the jury should find that the cause of detention has ceased to exist, the court shall thereupon enter an order directing that the patient be discharged. If the jury should find that the cause of detention has not ceased to exist, the court shall enter an order remanding the patient to the Milledgeville State Hospital. Provided, however, that after a trial has been had under the provisions of this section and the question of lunacy determined by a jury, and it has been found that the cause of de tention has not ceased to exist, no subsequent petition and trial may be had under the provisions hereof until after the expiration of a period of twelve (12) months from the date of the final judgment rendered in said trial."
SECTION 6.
All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Duke of Baldwin moved that the House agree to the Senate substitute to HB 141.
On the motion to agree, the ayes were 104, nays 2.
The Senate substitute was agreed to.
The following message was received from the Senate through Mr. Stewart the Secretary thereof:
Mr. Speaker:
The Senate requests that the following Bill of the House be returned to the Senate for the purpose of placing an amendment inadvertently omitted upon passage on the Bill.
HB 336. By Mr. Sanders of Richmond and others:
A Bill to provide for subsistence allowances not to exceed five dollars per day in behalf of Sheriffs, deputy sheriffs, patrolmen, policemen, and other law enforcement officers; for purposes of federal income taxa tion ; and for other purposes.
THURSDAY, FEBRUARY 16, 1956
1245
By unanimous consent, HB 336 was returned to the Senate at their request.
The following Bills of the House were taken up for the purpose of considering the Senate amendments and substitutes thereto:
HB 193. By Messrs. Groover of Bibb, Lavender of Elbert; and others:
A Bill to be entitled an Act to amend an Act relating to the distribution of laws and journals for civil officers of each county; and for other purposes.
The following Senate amendment was read:
Committee on Judiciary moves to amend HB 193 by adding in Section 1, after the word "judge", the words "one copy for the clerk of the Superior Court." and by adding a new sentence to read as follows:
"Each member of the General Assembly shall also be entitled to one copy, to be mailed to such member."
Mr. Groover of Bibb moved that the House agree to the Senate amendment to HB 193.
On the motion to agree, the ayes were 107, nays 0.
The Senate amendment was agreed to.
HB 192. By Messrs. Groover of Bibb, Lavender of Elbert and others:
A Bill to be entitled an Act to amend an Act providing a uniform method of fixing, limiting and restricting the salaries, allowances and travel expenses of certain State officials; and for other purposes.
The following Senate substitute was read:
By the Senate:
A BILL
To be entitled an Act to amend an Act providing for a uniform method of fixing, limiting and restricting the salaries, allowances and travel expenses of certain State officials, approved March 12, 1953 (Ga Laws 1953, Jan.-Peb. Sess., p. 613), as amended by an Act approved February 9, 1955 (Ga. Laws 1955, p. 167), and an Act approved Febru ary 28, 1955 (Ga. Laws 1955, p. 267), so as to change the provisions as to compensation; to specify certain ex officio offices for which com pensation under the provisions of this Act shall not be paid; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
An Act providing for a uniform method of fixing, limiting and re stricting the salaries, allowances and travel expenses of certain State
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JOURNAL OF THE HOUSE,
officials, approved March 12, 1953 (Ga. Laws 1953, Jan.-Peb. Sess., p. 613), as amended by an Act approved February 9, 1955 (Ga. Laws 1955, p. 167), and an Act approved February 28, 1955 (Ga. Laws 1955, p. 267), is hereby amended by striking paragraph (c) of Section 1 in its entirety, and in lieu thereof inserting the following:
"(c) In addition to the foregoing, each of the above named offi cials, shall be paid $240.00 annual compensation, payable in semi monthly installments, for each ex officio office created by law and held by each such officer, provided the Attorney General of Georgia certifies to the State Auditor the legal citation for each ex officio office. Any such ex officio office created by law subsequent to July 1, 1956 must specifically provide for compensation in order for such payment to be made therefor. The State Auditor is hereby directed to make a detailed statement of these items in each annual audit of each of the respective State agencies. Provided, however, that if any such official is performing duties designated under any other title under a statute wherein a specific amount of compensation or allowance is provided therefor, such official shall receive, as an allowance, such amount in addition to that authorized by this Act, but shall not receive credit therefor under this paragraph. Provided further, however, that membership on the following shall not en title any such official to receive the $240.00 annual compensation: (1) Board of Election Commissioners to Canvass Votes in United States Senatorial Elections; (2) Council to Investigate Incompetency of Comptroller General or State Treasurer; (3) State Forest Fire Emergency Commission; (4) State War Ballot Commission; (5) State Art Commission; (6) Council to Investigate Suspension of State Revenue Commissioners; (7) State Programs Study Com mittee; and (8) Vocational Trade School Building Authority."
SECTION 2. This Act shall become effective July 1, 1956.
SECTION 3.
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 substitute to HB 192.
On the motion to agree, the ayes were 110, nays 0.
The Senate substitute was agreed to.
HB 185. By Messrs. Groover of Bibb, Lavender of Elbert, and others:
A Bill to be entitled an Act to amend the Code of Georgia, enumerating the duties of the duties of the State Treasurer so as to provide that he may put out money on warrants countersigned by the Deputy Comptroller General; and for other purposes.
The following Senate amendment was read:
THURSDAY, FEBRUARY 16, 1956
1247
Senator Millican 52 moves to amend HB 185 as follows:
By adding in the title before the words "to repeal conflicting laws" the words "to provide for such Deputy Comptroller General".
By striking Section 2 of said Bill in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. Section 40-1505 of the Code of Georgia, relating to particular duties of the Comptroller General is hereby amended by adding to the end of Subsection 2 thereof the following:
'In the event the Comptroller General ia sick or for other reason is absent from his office for three or more days, the Deputy Comp troller General provided for hereinafter shall examine, check and countersign said warrants during the absence of the Comptroller General. For such purposes the Comptroller General is hereby au thorized and directed to designate one of his employees as Deputy Comptroller General."
so that when amended, Subsection 2 of the Code Section 40-1505 shall read as follows:
"(2) To examine, check and countersign all warrants upon the treasury drawn by the Governor, President of the Senate, and Speaker of the House of Representatives, and charge the amount thereof to the funds on which they may be respectively drawn, pre vious to their being presented to the Treasurer for payment. In the event the Comptroller General is sick or for other reason is absent from his office for three or more days, the Deputy Comptroller General provided for hereinafter shall examine, check, and counter sign said warrants during the absence of the Comptroller General. For such purposes the Comptroller General is hereby authorized and directed to designate one of his employees as Deputy Comptroller General."
Mr. Groover of Bibb moved that the House agree to the Senate amendment to HB 185.
On the motion to agree, the ayes were 106, nays 0.
The Senate amendment was agreed to.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following Bill of the House to wit:
HB 336. By Mr. Sanders of Richmond and others:
A Bill to provide for subsistence allowances not to exceed five dollars per day in behalf of Sheriffs, deputy sheriffs, patrolmen, policemen, and other law enforcement officers; for purposes of federal income taxation; and for other purposes.
1248
JOURNAL OP THE HOUSE,
The following Bills of the House were taken up for the purpose of con sidering the Senate amendments thereto:
HB 336. By Messrs. Chambers, Sanders, and Holley of Richmond:
A Bill to be entitled an Act to provide for subsistence allowances to peace officers for purposes of federal income taxation; and for other purposes.
The following Senate amendment was read:
Senator Overby of the 33rd moves to amend HB 336 as follows:
By adding a new section thereto to be known as Section 4 and to read as follows:
"Section 4. Nothing in this Act shall affect any present pension system of any county, municipal corporation or political subdivision of the State of Georgia or any rights of any person under any pres ent pension system of any county, municipal corporation or political subdivision."
Mr. Sanders of Richmond moved that the House agree to the Senate amend ment to HB 366.
On the motion to agree, the ayes were 107, nays 0.
The Senate amendment was agreed to.
HB 384. By Messrs. Moate of Hancock, Willingham of Cobb, and Groover of Bibb:
A Bill to be entitled an Act to amend an Act, being a portion of the Income Tax Laws; and for other purposes.
The following Senate amendment was read:
Senator Millican of the 52nd moves to amend HB 384 by adding a new Section as follows:
Section 5. All laws and parts of laws in conflict herewith are hereby repealed.
Mr. Willingham of Cobb moved that the House agree to the Senate amend ment to HB 384.
On the motion to agree, the ayes were 114, nays 0.
The Senate amendment was agreed to.
HB 256. By Messrs. Lokey and H. Smith of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta; and for other purposes.
THURSDAY, FEBRUARY 16, 1956
1249
The following Senate amendment was read:
Senator Millican of the 52nd moves to amend HB 256 by adding thereto a new section to immediately precede the repealing section, to be appropriately numbered and the repealing section to be re-numbered, as follows:
SECTION 4A. The corporate limits of the City of Atlanta are ex tended to include all of the territory lying within the following boundary lines:
Beginning at a point on the north line of Land Lot 44, 14th District, Fulton County (formerly Fayette), where the west line of Land Lot 45 intersects the present limits of the City of Atlanta; running thence north along the west line of Land Lot 45, one thousand three hundred seventy-four and one-tenth (1,374.1) feet; thence easterly one hundred twenty (120) feet along the northerly line of the property now or form erly owned by Bips, and continuing easterly across Niskey Lake Road and along the northerly line of property now or formerly owned by Bips, a distance of thousand two hundred forty-two (2,242) feet, more or less, to the southwesterly line of the Lot 8, Block 7, of Niskey Lake Sub division, now or formerly owned by Niskey Lake Water Works; thence southeasterly along said Lot 8, three hundred twenty-eight (328) feet to the east line of Land Lot 45; thence south along the east line of Land Lot 45 one thousand two hundred twenty-one (1,221) feet, more or less, to the north line of Land Lot 44 and the present limits of the City of Atlanta; thence westerly along the north line of Land Lot 44 and the present limits of the City of Atlanta and the point of beginning.
This section shall be effective January 1, 1957.
Mr. Lokey of Fulton moved that the House agree to the Senate amendment to HB 256.
On the motion to agree, the ayes were 103, nays 0.
The Senate amendment was agreed to.
HB 258. By Messrs. Lokey of Fulton: A Bill to be entitled an Act to amend an Act authorizing the establish ment of limited access highways in counties having a population of 300,000 or more; and for other purposes.
The following Senate amendment was read: Senator Millican of the 52nd moves to amend HB 258 by striking
the words "billboard within 500'" in line 6 of the caption, and insert "outdoor poster within 300' ".
Amend Section 1, line 2, by striking the figure "500" and insert in lieu "300".
Amend Section 2, line 1, by striking the word "billboard" and insert in lieu "outdoor poster".
Strike Sub-sections D and E of Section 3.
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JOURNAL OF THE HOUSE,
Amend Section 5 by striking words in lines 2 and 3 "or any regula tion lawfully adopted hereunder" and by striking in line 4 of Section 5 the words "or any regulation adopted hereunder".
Amend by adding a new section to be known as Section 6 (a) and reading as follows:
"The provisions of this Act shall apply in counties having a population of 300,000, or more, according to the United States cen sus of 1940 or any future census."
Mr. M. Smith of Fulton moved that the House agree to the Senate amend ment to HB 258.
On the motion to agree, the ayes were 103, nays 0.
The Senate amendment was agreed to.
HB 316. 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 College Park; and for other purposes.
The following Senate amendment was read:
Senator Millican of the 52nd moves to amend HB 316 by adding a new section to be known as Section 3 a and reading as follows:
Section 3a- That an Act entitled, "An Act to repeal all laws and amendments to laws heretofore passed incorporating the city of Man chester, to provide for incorporating said city under the name of College Park, etc., and for other purposes", approved December 16, 1895, (Ga. Laws 1895), as amended, is hereby amended by adding a new section to the amendatory Act approved January 30, 1946, (Ga. Laws 1946, page 432) which shall be numbered 2-B and which shall read as follows:
"Section 2-B. Any employee of said city who is making regu
lar contributions into the pension fund of said city under this amend
ment and who dies as a result of an injury or personal injury by
accident arising out of and in the course of his employment with
said city (the words 'injury' and 'personal injury' being defined as
follows: Injury and personal injury shall mean only injury by
accident arising out of and in the course of the employment and
shall not include a disease in any form except where it results1
naturally and unavoidably from the accident, nor shall injury and
personal injury include injury caused by the wilful act of a third
person directed against an employee for reasons personal to such
employee.) shall be conclusively entitled to a service-connected dis
ability pension as of the date of such employee's death, the amount
of which shall be determined as service-connected disability pension
is determined under Section
of this Act, and it is specifically
provided that any widow or minor children who shall be the bene
ficiary or beneficiaries of any pension of such an employee shall
have the right to make application for and receive said pension in
the amount of seventy-five (75%) percent of the amount of the
pension such an employee would be entitled to receive under this
THURSDAY, FEBRUARY 16, 1956
1251
provision and such pension shall be continued to such beneficiary or beneficiaries in the regular and normal manner as is provided for continuing pensions to a widow or minor children under this law. Whenever the situation arises whereby it is possible for a beneficiary to establish rights under this Section as well as under Section 2-A of this law then this Section shall apply."
Mr. H. Smith of Fulton moved that the House agree to the Senate amendment to HB 316.
On the motion to agree, the ayes were 103, nays 0.
The Senate amendment was agreed to.
HB 317. 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 College Park; and for other purposes.
The following Senate amendment was read:
Senator Millican of the 52nd moves to amend Sec. 1, Page 2 lines 4 and 5 by striking the following:
"and provided further that a change or re-arrangement of Ward
lines shall not be made oftener than four years" and insert in lieu the following:
Provided that the Mayor and Council shall have authority at any time at regular schedule council meeting by ordinance to re-arrange said Ward Lines.
Mr. M. Smith of Fulton moved that the House agree to the Senate amendment to HB 317.
On the motion to agree, the ayes were 103, nays 0.
The Senate amendment was agreed to.
HB 420. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A Bill to be entitled an Act to provide for the retirement of the Judges of the Solicitor-General of the criminal court of Fulton County; and for other purposes.
The following Senate amendment was read:
Senator Millican of the 52nd District, moves to amend HB 420 by: Adding a new section to be known as Section 2 and re-numbering Section 2 as Section 3, Section 2 to read as follows:
There shall be added to the amendment approved February 8, 1955, a new section to follow Section 2 of said amendment to be designated as Section 2(a) and read as follows:
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JOURNAL OF THE HOUSE,
Section 2(a). Be it further enacted by the authority aforesaid that any of the officers who come within the provisions of this Act and who have not heretofore qualified to participate in the benefits provided in said Act as amended, be, and they are hereby allowed and permitted to qualify for a pension for themselves and their widows as provided under the provisions of this Act providing any official now serving may within thirty (30) days from the approval of this Act, notify the trustees that he elects to qualify for retirement and also elects to qualify for the benefits provided for his widow and shall pay into the fund the percentages of his salary required by the terms of this Act as amended from January 31, 1946 or from the date of appointment. The payments required to be made shall be divided into thirty-six (36) equal monthly installments which may be deducted from the compensation of such officer and shall be deposited into a retirement fund created by this Act, as amended, said deductions shall be in addition to the deductions otherwise required. The officer qualifying shall have as a credit all sums which he may have paid to any pension fund of the county during his prior service as an employee or officer, without deduction, which sum shall be paid by the Treasurer of Fulton County or the trustees of the pension fund, as the case may be, to the trustees and treasurer of the Judges and Solicitors General's Retirement Fund of Fulton County.
Mr. Lokey of Fulton moved that the House agree to the Senate amendment to HB 420.
On the motion to agree, the ayes were 103, nays 0.
The Senate amendment was agreed to.
HB 199. By Messrs. Barber and Short of Colquitt:
A Bill to be entitled an Act to create water districts in Colquitt County; and for other purposes.
The following Senate amendment was read:
By the Senate HB 199, as follows:
By striking Section 11 and in lieu thereof inserting the following:
"Section 11. The District is granted the exclusive right, after acquiring existing utilities or facilities, either by purchase of or by the exercising of the right of eminent domain over such existing utilities or facilities, to construct, install, maintain and operate water systems, fire departments and sewage systems within the District or within any particular area therein where the exercise of such right is desired by the District. Provided, however, that any existing utility or facility may continue to be operated until it is purchased or acquired by the District and provided further that the provisions of this section shall be held to be a limitation on the exclusive character only of the rights and powers conferred by this Act.
Mr. Barber of Colquitt moved that the House agree to the Senate amendment to HB 199.
THURSDAY, FEBRUARY 16, 1956
1253
On the motion to agree, the ayes were 103, nays 0.
The Senate amendment was agreed to.
HB 148. By Messrs. Moate of Hancock, Sheffield of Brooks, and others:
A Bill to be entitled an Act to define the various penal offenses relating to the firing of woods; and for other purposes.
The following Senate amendment was read:
The Agriculture Committee of the Senate moves to amend HB 148 as follows:
1. By striking from Section 8 thereof the paragraph numbered No. 6.
2. By striking from the caption the words "to require that notice be given to adjoining landowners of any intention to burn woods, forests, and other lands."
Mr. Jordan of Wheeler moved that the House agree to the Senate amendment to HB 148.
On the motion to agree, the ayes were 105, nays 1.
The Senate amendment was agreed to.
HR 127-348e. By Mr. Freeman of Monroe:
A Resolution to compensate Early T. Grant for damages; and for other purposes.
The following Senate amendment was read:
Senator Millican of the 52nd moves to amend HR 127-348E by add ing to caption after word "Grant" the words "and John A. Willding" and adding at end of Resolution the following:
WHEREAS, on November 20, 1953, at approximately 2:25 P.M., Mr. John A. Willding was driving his 1953 Buick automobile along U. S. Highway 41 at a point approximately 3.3 miles south of Cartersville, Georgia when a 1945 Pick-up truck owned by the State Highway Department, and driven by Mr. J. L. Brown, an employee of the State Highway Department, crossed the center of the highway and sideswiped car belonging to Mrs. Frances Massey Evans, and then smashed into the car driven by Mr. Willding, damaging it to the extent of Five Hundred ten dollars and eighteen cents ($510.18) which covers actual damages, and
WHEREAS, it is only just and proper that Mr. Willding be com pensated for the actual damage to his car,
NOW THEREFORE BE IT RESOLVED by the General Assembly of Georgia that the Georgia State Highway Department be ordered and directed to pay Mr. John A. Willding the sum of Five Hundred Ten
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JOURNAL OP THE HOUSE,
Dollars and Eighteen Cents ($510.18) as compensation for damages as set out above, said sum to be paid by the State Highway Department from funds appropriated or available to the said Department.
Mr. Freeman of Monroe moved that the House agree to the Senate amend ment to HR 127-348e.
On the motion to agree, the ayes were 107, nays 0.
The Senate amendment was agreed to.
HB 59. By Messrs. Strickland of Toombs, Scoggin of Floyd and others: A Bill to be entitled an Act to amend an Act relating to arrests so as to require the arresting officer who arrests a person under a warrant to bring the accused before the person authorized to examine, commit or receive bail within 72 hours; and for other purposes.
The following Senate amendment was read: Senators Overby of the 33rd and Millican of the 52nd move to amend
Section 2, line 8, of HB 59 by striking 18 and inserting 72 and change line 1 of caption accordingly.
Mr. Strickland of Toombs moved that the House disagree to the Senate amend ment to HB 59 and the motion prevailed.
The following Bill of the Senate was taken up for the purpose of considering the unfavorable report of the committee:
SB 40. By Senators Neel of the 7th, and Overby of the 33rd:
A Bill to be entitled an Act to amend certain sections of the Code of Georgia so as to change certain provisions relative to the Workmen's Compensation law; and for other purposes.
Mr. Groover of Bibb moved that the House disagree to the unfavorable report of the committee.
Mr. Harrison of Wayne moved the previous question and the call was sustained.
The motion to disagree was lost, and the unfavorable report of the Committee was agreed to.
The Speaker announced the House recessed until 1:15 P. M.
AFTERNOON SESSION
1:15 P. M.
The Speaker called the House to order.
THURSDAY, FEBRUARY 16, 1956
1255
The following Resolutions of the House were read and adopted:
HR 249. By Mr. Fowler of Douglas: A Resolution to proclaim Constitution week; and for other purposes.
HR 250. By Messrs. Tanner and Hayes of Coffee:
A Resolution stating that the General Assembly of the State of Georgia is opposed to any increase in the freight rate for railroad carriers; and for other purposes.
HR 251. By Messrs. Parker of Appling, Harrison of Wayne and others:
A Resolution commending Honorable Marvin E. Moate for his just, effi cient and honest manner in which he has performed his task as Speaker of the House of Representatives; and for other purposes.
HR 252. By Mr. Foster of Clayton:
A Resolution authorizing a committee to confer in Washington, D. C. with the Georgia Congressional Delegation concerning the Automotive Training School of Atlanta General Depot; and for other purposes.
The following Resolution of the House was read and referred to the Com mittee on Public Utilities:
HR 253. By Mr. Matthews of Clarke:
A Resolution creating a committee to investigate the Rural Electrifica tion Administration in Georgia; and for other purposes.
The following Resolution of the House was read and adopted:
HR 254. By Messrs. Moate of Hancock, and Groover of Bibb:
A Resolution to express the gratitude of the House of Representatives to the State Highway Department, for the secretarial and clerical help during the Session of the Legislature; and for other purposes.
The following Resolution of the House was read and referred to the Commit tee on State of Republic:
HR 255. By Messrs. Willis of Thomas, Perkins of Carroll, Bodenhamer of Tift, and others:
A Resolution to request the Governor to use the first ten million ($10,000,000) dollars of the Contingent Education Fund to increase the salary of classroom teachers; and for other purposes.
The following Resolution of the House was read and adopted:
HR 256. By Mr. Jackson of Jones: A Resolution to authorize a Committee to visit and inspect the Georgia
1256
JOURNAL OF THE HOUSE,
State Sanitarium in Milledgeville, Georgia, between this session and the next session of the General Assembly; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has adopted the report of the Committee of Conference on the following Bill of the House:
HB 525. By Messrs. Moate of Hancock, Groover of Bibb, Odom of Camden, Barber of Colquitt, Duke of Baldwin and many others:
A Bill to be entitled an Act to provide that candidates for membership in the General Assembly of Georgia may run either in a county primary or a State primary; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by substitute by the requisite constitutional majority the following Bills and Resolutions of the House to wit:
HB 460. By Messrs. Mackay, Rutland and McWhorter of DeKalb:
A Bill to be entitled an Act to amend an Act creating the Civil Court of DeKalb County, by increasing the jurisdiction of such court in civil cases; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following Bills and Resolutions of the House to wit:
HB 458. By Messrs. Mackay, Rutland and McWhorter of DeKalb:
A Bill to be entitled an Act to repeal an Act entitled an Act to create and establish the City Court of Decatur; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following Bills and Resolutions of the House to wit:
HB 243. By Messrs. Moate of Hancock, Willingham of Cobb and others:
A Bill to be entitled an Act to make General Appropriations to pay the cost of operations of the State Government for the ensuing fiscal year; and for other purposes.
THURSDAY, FEBRUARY 16, 1956
1257
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 209. By Mr. Odom of Camden:
A Bill to be entitled an Act to authorize, empower and direct the City of Kingsland to close permanently certain alleys; and for other purposes.
The following Senate amendment was read:
Senator Hopkins of the 48th moves to amend HB 209 as follows: By striking the following words wherever they appear in the Bill, "Block 16 and the Railroad."
Mr. Odom of Camden moved that the House agree to the Senate amendment to HB 209.
On the motion to agree, the ayes were 103, nays 0.
The Senate amendment was agreed to.
Under the regular order of business, the following Bills and Resolution of the House and Senate were taken up for consideration and read the third time:
HR 229-621d. By Mr. Barker of Heard:
A Resolution to compensate R. H. Jackson, Sidney Brazeal, and Charles A Stallings for damages to their cars; and for other purposes.
The previous question was ordered.
The main question was ordered.
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.
SR 14. By Senator Raulerson of the 46th:
A Resolution to authorize the Governor acting on behalf of the State to convey certain property in Pierce County; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the adoption of the Resolution, was agreed to.
1258
JOURNAL OF THE HOUSE,
On the adoption of the Resolution, the Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Ayers Bagby Barker Baughman Black Blalock Bolton Brannen Brown Callier Campbell Carlisle Gates Chastain Cheatham Cheek Clary Cloud Coker of Cherokee Coker of Walker Cornelius Cotton Cowart Deen of Bacon Denmark Duke English Fain Floyd Fordham Foster Fowler of Douglas Freeman Frier Gilleland Gillis Greene of Crisp
Grimsley Groover Gross of Dade Gunter Hardaway Harrison of Wayne Hawkins Hayes Hendrix Hodges Hogan Houston Huddleston Hurst Ivey Johnson of Gilmer Jones of Lumpkin Jones of Laurens Jones of Sumter Jordan Kelley Kennedy of Turner Kennedy of Tattnall Key Killian Killingsworth King of Whitfield King of Chattahoochee Land Larkins Lindsey Lokey Long Love Mallory Mathis of Lowndes Matthews Mauldin McCracken
McKelvey McWhorter Moorman
Murphy of Haralson Murr Musgrove Nightingale Palmer Parker Pelham Perkins Peters Pickard Raulerson Register Rodgers Roughton Rowland Russell Rutland Sivell Smith of Evans Smith of Emanuel Stevens of Marion Stewart Strickland Stripling Tamplin Tanner Tarpley Terrell Twitty Underwood of Bartow Upshaw Williams Wilson of Towns Wilson of Peach
On the adoption of the Resolution, the ayes were 115, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
SB 54. By Senators Lambert of the 28th, and Turner of the 34th:
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.
THURSDAY, FEBRUAEY 16, 1956
1259
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alien Bagby Barker Baughman Black Blalock Brannen Brown Callier Campbell Carlisle Gates Cheatham Cheek Clary Cloud Cocke Coker of Cherokee Coker of Walker Cornelius Cotton Cowart Coxwell Deal Dean of Rockdale Deen of Bacon Denmark Duke English Plynt Fordham Foster Fowler of Douglas
Freeman Gilleland Greene of Crisp Grimsley
Gunter Hardaway Harrison of Wayne Hawkins Hayes Hendrix Hodges Hogan Houston Huddleston Hurst Ivey Johnson of Gilmer Jones of Laurens Jones of Sumter Jordan Kelley Kennedy of Tattnall Key Killingsworth King of Whitfield King of Chattahoochee Land Larkins Lokey Long Love Lowe Martin Matheson of Hart Mathis of Lowndes Matthews McCracken McKelvey McWhorter Mull Murphy of Haralson
Murr Musgrove Palmer Parker Pelham Perkins Peters Pettey Phillips of Walton Potts Raulerson Register Rodgers Roughton Rowland Russell Rutland Sivell Smith of Evans Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton Souter Stephens of Clarke Stevens of Marion Strickland Stripling Tamplin Tanner Tarpley Terrell Twitty Watson Williams Willingham Wilson of Towns Wilson of Peach
Those voting in the negative were Messrs.:
Ayers Bolton Chastain Drinkard
Floyd Frier Gillis Lindsey
Mallory Mauldin Murphey of Crawford Upshaw
1260
JOURNAL OP THE HOUSE,
On the passage of the Bill, the ayes were 111, nays 12.
The Bill, having received the requisite constitutional majority, was passed.
SB 161. By Senator Page of the 1st:
A Bill to be entitled an Act to amend Section 84-710 of the Code, relating to the licensing of certain dentists of other States without examination; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 106, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Willingham of Cobb asked unanimous consent that the House reconsider its action in agreeing to the Senate amendment to the following Bill of the House:
HB 384. By Messrs. Moate of Hancock, Willingham of Cobb, and Groover of Bibb:
A Bill to be entitled an Act to amend an Act, being a portion of the Income Tax Laws; and for other purposes.
The request was granted, and the House reconsidered its action in agreeing to the Senate amendment to HB 384.
The following Bill of the House was again taken up for the purpose of con sidering the Senate amendment thereto:
HB 384. By Messrs. Moate of Hancock, Willingham of Cobb, and Groover of Bibb:
A Bill to be entitled an Act to amend an Act, being a portion of the Income Tax Laws; and for other purposes.
The following Senate amendment was read:
Senator Millican of the 52nd moves to amend HB 384 by adding a new Section as follows:
Section 5. All laws and parts of laws in conflict herewith are hereby repealed.
Mr. Willingham of Cobb moved that the House disagree to the Senate amend ment to HB 384, and the motion prevailed.
The House disagreed to the Senate amendment to HB 384.
THURSDAY, FEBRUARY 16, 1956
1261
Under the regular order of business, the following Bills and Resolutions of the Senate were taken up for consideration and read the third time:
SB 104. By Senator Hollis of the 24th:
A Bill to be entitled an Act to repeal an Act to require registration of tourist camps or like places by whatever name called; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Ayers Barker Baughman Blalock Bolton Brannen Brown Campbell Carlisle Gates Cheatham Cheek Clary Cloud Cocke Coker of Cherokee Coker of Walker Cornelius Cotton Cowart Coxwell Deal Dean of Rockdale Deen of Bacon Denmark Drinkard Duke Elder English Floyd Flynt
Fordham Foster Fowler of Douglas Freeman Frier Gilleland Gillis Grimsley Groover Gross of Dade Gunter Hardaway Harrell Harrison of Wayne Hawkins Hayes Hendrix Hodges Hogan Houston Huddleston Hurst
Ivey
Johnson of Gilmer Jones of Laurens Jones of Sumter Kelley Kennedy of Turner Kennedy of Tattnall Key Killian Killingsworth King of Whitfield
King of Chattahoochee Land Lanier Larkins Lokey Long Love Mackay Mallory Martin Mashburn Matheson of Hart McCracken McKelvey McWhorter Moorman Mull Murphey of Crawford Murphy of Haralson Murr Musgrove Nightingale Odom Palmer Parker Peacock Peters Pettey Phillips of Walton Pickard Potts Register Rodgers
1262
JOURNAL OF THE HOUSE,
Eoughton Rowland Russell Sivell Smith of Evans Smith of Emanuel M. M. Smith of Fulton Souter Stephens of Clarke
Stevens of Marion Stewart Strickland Stripling Tamplin Tanner Tarpley . Terrell Truelove
Twitty Upshaw Weems Williams Willingham Wilson of Towns Wilson of Peach
Those voting in the negative were Messrs.:
Lowe
Perkins
Raulerson
On the passage of the Bill, the ayes were 124, nays 3.
The Bill, having received the requisite constitutional majority, was passed.
SB 35. By Senators Blalock of the 36th, McBride of the 10th, Morrison of the 15th, Dews of the 9th, and others:
A Bill to be entitled an Act to comprehensively and exhaustively revise
supersede and consolidate the laws relating to the State Board of Cor
rections and to prisons; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 106, nays 3.
The Bill, having received the requisite constitutional majority, was passed.
SB 49. By Senators McDonald of the 43rd and Overby of the 33rd:
A Bill to be entitled an Act to amend an Act providing revenue and a source of revenue for the purpose of paying annuities and benefits to the peace officers of the State of Georgia; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 121, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
THURSDAY, FEBRUARY 16, 1956
1263
SB 95. By Senators Hollis of the 24th, Steis of the 25th and Jones of the 23rd:
A Bill to be entitled an Act to add one additional Judge of the Superior Courts of the Chattahoochee Circuit; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 156. By Senator Overby of the 33rd:
A Bill to be entitled an Act to authorize all eligible officials and em ployees of the State Office Building Authority to become members of the Employees' Retirement System of Georgia; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SR 15. By Senators Wilkins of the 44th and McDonald of the 43rd:
A Resolution to authorize the exchange of properties or interest therein in connection with clearing of title to property comprising Cloudland Canyon State Park, located in Dade and Walker Counties; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
1264
JOURNAL OF THE HOUSE,
SB 30. By Senator Lambert of the 28th:
A Bill to be entitled an Act to provide for the prohibition of the owning, controlling or holding by certain companies of more than 15% of voting stock of banks as defined therein and of bank holding companies as defined therein; and for other purposes.
The following Committee amendment was read:
The Committee on Banks and Banking moves to amend Senate Bill 30 by adding to Section 3 the following:
"Also in municipalities having branches of a bank with a hold ing company relation, such banks may make branches of existing holding company banks and in the future in cities now having branches of a bank, present branches will have the same privilege of additional branches as permitted to other banks."
Mr. Harrison of Wayne moved the previous question on the amendment and the call was sustained.
On the adoption of the amendment, Mr. Key of Jasper 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.:
Alien Ayers Barber of Colquitt Barber of Jackson Baughman Bentley Birdsong Black Blackburn Bolton Brown Caldwell Carlisle Catos Chambers Cheatham Cotton Cowart Coxwell Deal Dean of Rockdale Deen of Bacon Denmark Denson Duncan Elder English
Eyler Fordham Foster Freeman Garrard Gilleland Greene of Crisp Grimsley Groover Gunter Harrell Harrison of Wayne Hayes Henderson Hendrix Hodges Hogan Holley Hudson Jackson Jessup Jonos of Worth Jones of Laurens Jones of Sumter Jordan Kilgore Killingsworth
Kitchens Lam Land Larkins Lindsey Lokey Mallory Martin Mashburn Matheson of Hart Mathis of Lowndes McKenna McWhorter Moorman Mull Murphy of Haralson
Murr Musgrove Nightingale Nilan Odom Peacock Perkins Pettey Pickard Potts Raulerson
THURSDAY, FEBRUARY 16, 1956
1265
Register Rodgers Roughton Rowland Ruark Rutland Sanders Scoggin
Short Smith of Emanuel Sognier Souter Stripling Tanner Tarpley Underwood of Bartow
Underwood of Montgomery
Upshaw Watson Williams Wilson of Towns Young
Those voting in the negative were Messrs.:
Barker Blalock Bloodworth Bodenhamer Brannen Callier Campbell Chastain Cheek Clary Cloud Cocke Coker of Cherokee Coker of Walker Cornelius Drinkard Duke Fain Floyd Flynt Fowler of Douglas Fowler of Taft Frier
Gillis Gross of Stephens Gross of Dade Hawkins Houston Huddleston Hurst Johnson of Gilmer Kennedy of Tattnall Key King of Whitfield King of Chattahoochee Lanier Love Lowe Massee Mauldin McCracken McKelvey Mincy Mobley Moore Murphey of Crawford
Palmer Parker Pelham Peters Phillips of Columbia Phillips of Walton
Ray Reed Russell Sivell Smith of Evans Hoke Smith of Fulton Stephens of Clarke Stevens of Marion
Stewart Tamplin Todd Truelove Turk Twitty Veal Weems Wheeler
On the adoption of the amendment, the ayes were 103, nays 69.
The amendment was adopted.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, Mr. Smith of Emanuel moved the ayes and nays and the call was sustained..
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Ayers
Bagby Barber of Colquitt Barber of Jackson
Baughman Bentley Birdsong
1266
JOURNAL OP THE HOUSE,
Black Blalock Bloodworth Bolton Brown Caldwell Callier Campbell Carlisle Gates Chambers Cheatham Clary Cocke Coker of Walker Cornelius Cotton Cowart Deal Dean of Rockdale Deen of Bacon Denmark Denson Duncan Elder English Eyler Flynt Fordham Foster Fowler of Douglas Freeman Garrard Gilleland Gillis Greene of Crisp Grimsley Groover Gross of Dade Gunter Harrell Harrison of Wayne Hayes Henderson Hendrix Hodges
Hogan Holley Hudson Hurst Jackson Jessup Jones of Worth Jones of Laurens Jones of Sumter Jordan Kelley Kennedy of Tattnall Key Killian Killingsworth King of Whitfield King of Chattahoochee Kitchens Lam Land Lanier Larkins Lindsey Lokey Long Mallory Martin Mashburn Matheson of Hart Mathis of Lowndes Mauldin McCracken McKenna McWhorter Mobley Moorman Mull Murphy of Haralson Murr Musgrove Nightingale Nilan Odom Palmer Peacock Pelham
Perkins Pettey Phillips of Columbia Phillips of Walton Pickard Potts Raulerson Reed Register Rodgers Roughton Rowland Russell Rutland Sanders Scoggin Short Sivell Smith of Evans Smith of Emanuel M. M. Smith of Fulton Sognier Souter Stephens of Clarke Stevens of Marion Stewart Strickland Stripling Tamplin Tanner Tarpley Truelove Twitty Underwood of Bartow Underwood of
Montgomery Upshaw Veal Watson Williams Willingham Wilson of Towns Wooten Young
Those voting in the negative were Messrs.:
Bodenhamer Brannen Cha stain Cheek Cloud Coker of Cherokee
Coxwell Drinkard Duke Fain Floyd Fowler of Tift
Frier Gross of Stephens Hawkins Johnson of Gilmer Kennedy of Turner Love
THURSDAY, FEBRUARY 16, 1956
1267
Lowe McGarity McKelvey Mincy Moore
Murphey of Crawford Parker Peters Ray Hoke Smith of Fulton
Turk Weems Wheeler
On the passage of the Bill, as amended, the ayes were 144, nays 31.
The Bill, having received the requisite constitutional majority, was passed, as amended.
The Bill was ordered immediately transmitted to the Senate.
SB 136. By Senator Parker of the 20th:
A Bill to be entitled an Act providing a method by which employees of certain hospitals and institutions may obtain goods and services; and for other purposes.
The following Committee amendment was read and adopted:
The Georgia State Sanitarium Committee moves to amend SB 136 by adding after the period at the end of the first sentence the following:
Provided, however, that no employees shall be permitted to make any single purchase of goods or services in excess of $50.00, except medi cal and dental services only, and in no event shall any employee obtain goods or services for any person except for himself or members of his immediate family.
The report of the committee which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, Mr. 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 Alien Barber of Jackson Barker Baughman Bentley Birdsong Black Blackburn Bloodworth Bolton Brannen Callier
Campbell Carlisle Gates Chastain Cheatham Cheek Clary Cocke Coker of Cherokee Coker of Walker Coxwell Deal Deen of Bacon
Denmark Denson Duke Duncan Eyler Floyd Fowler of Douglas Freeman Garrard Grimsley Groover Hall Harrell
1268
JOURNAL OF THE HOUSE,
Harrison of Wayne Hawkins Hayes Hodges Holley Hurst Ivey Jackson Jessup Johnson of Gilmer Jones of Worth Jones of Sumter Kelley Kennedy of Turner Key Kilgore Killian Killingsworth King of Whitfield Larkins Lavender Lokey Long Massee Mathis of Lowndes
Mauldin McCracken McGarity McKenna Mobley Moorman Murphey of Crawford Murphy of Haralson Murr Musgrove Nightingale Nilan Odom Palmer Parker Perkins Peters Phillips of Columbia Raulerson Reed Register Rodgers Rowland Russell Sanders
Scoggin Sheffield Short Smith of Evans Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton Souter Stephens of Clarke Stewart Strickland Tamplin Tarpley Todd Truelove Underwood of
Montgomery Upshaw Veal Weems Willingham Wilson of Towns Wooten Mr. Speaker
(Moate)
Those voting in the negative were Messrs.:
Ayers Caldwell Cornelius Gilleland
Henderson Hogan Hudson Jones of Laurens
Love Mallory McKelvey Williams
On the passage of the Bill, as amended, the ayes were 112, nays 12.
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 Senate amendments thereto:
HB 243. By Messrs. Moate of Hancock, Willingham of Cobb, Groover of Bibb, Coker of Cherokee, and Sheffield of Brooks:
A Bill to be entitled an Act to make General Appropriations to pay the cost of operations of the State Government for the ensuing fiscal year; and for other purposes.
The following Senate amendments were read:
HB 243. Section 1. Inserting new Subsection at the end of the Section
Appropriations Committee moves to amend HB 243, Section 1 by adding at the end of said section a new Subsection to read as follows:
THURSDAY, FEBRUARY 16, 1956
1269
For exclusive use for repairs, refurbishing, painting and equipping committee rooms and offices on the third floor of the State Capitol Building including House and Senate Chambers _--_--_--_----$150,000.00
HB 243, Section 7--End of Second Paragraph
Appropriations Committee moves to amend HB 243, Section 7 by striking from the last line of the second paragraph of Section 7 the words "any provisions" and substituting in lieu thereof the words "Section 47".
HB 243, Section 13--Subsection E
Appropriations Committee moves to amend HB 243, Section 13 Subsection E, Line 4 by striking the figures $250,000.00 and insert in lieu thereof "$500,000.00 and by adding at end of said Subsection the words "for the years 1956-1957 and year 1957-1958.
HB 243 Section 15 Adding a new Subsection (d)
Appropriations Committee moves to amend Section 15 of HB 243 same pertaining to the appropriations for the Department of Agriculture by adding at end of Section 15 a new sub-section to read as follows:
"(d) For annual cost of acquiring Farmers Market Land, buildings and euipment from the State Farmers' Market Authority and for no other purposes .....___..._...____.----__--_____.-$500,000.00 Provided, that notwithstanding any itemization of purposes for which funds are appropriated to the Agriculture Department by this Section the sums necessary to pay rentals accruing under lease contracts heretofore or hereafter executed by the State Department of Agriculture for leasing of property from State Authorities shall constitute a first charge on all funds appropriated to the State Department of Agriculture by this Section or otherwise.
Provided, further, that no provision in this Act shall be con strued as authorizing the reduction of or the voiding of any part of the appropriation made in sub-section (d) required to pay the annual payment required under lease contracts with State Authori ties."
HB 243. Section 15 Adding New sub-section (e)
Committee moves to amend HR 243, Section 15 by adding at the end of said Section a new sub-section to read as follows:
"(e) For poultry disease research and control and poultry pro cessing plant inspections --____--____,,_____,,----_.--___________$100,000.00
HB 243. Section 20
Appropriations Committee moves to amend HB 243, Section 20 by striking the figure "$275,000.00" and in lieu thereof inserting the figure "$300,000.00".
HB 243. Total at end of Section 47
Appropriations Committee moves to amend HB 243 by striking the total at the end of Section 47 reading $284,189,433.60 and substituting in lieu thereof the figure $284,964,433.60.
1270
JOURNAL OF THE HOUSE,
HB 243. Section 48 Add to end of first paragraph
Appropriations Committee moves to amend HB 243, Section 48 by adding at the end of the first paragraph the following:
"Provided that in the administration of this Section 80% of all income received in a fiscal year which is in excess of the total amount of appropriation or allotment authorized in the foregoing sections of this Act for the fiscal year, other than income received from Motor Fuel Tax and Motor Vehicle Tag Tax, shall be dis tributed 75% to the State Board of Education, 20% to State Board of Regents and 5% to Teacher Retirement Fund and no State official shall be authorized to expend said funds in any other manner.
HB 243. Section 48--Adding a new subsection at the end of said section
Appropriations Committee moves to amend HB 243, Section 48 by adding at the end of said section the following paragraph (i) and new paragraph to read as follows:
(j) For the cost of operating all activities of the Department of Agriculture including Farmers Markets .__..,,...,,___,,...$300,000.00
HB 243. Section 48 End of Said Section
Appropriations Committee moves to amend HB 243, Section 48 by striking the total at the end of said section reading $55,125,000.00 and inserting in lieu thereof the figure $55,425,000.00.
Mr. Groover of Bibb moved that the House agree to the Senate amendments to HB 243.
On the motion to agree, the Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Ayers Barber of Colquitt Barber of Jackson Barker Baughman Bentley Birdsong Black Blackburn Blalock Bloodworth Bodenhamer Bolton Brannen Brown Callier Campbell Carlisle
Gates Chambers Chastain Cheatham Cheek Clary Cocke Coker of Cherokee Coker of Walker Cornelius Cotton Cowart Coxwell Deal Been of Bacon Denmark Drinkard Duke Duncan Elder
Eyler Fain Floyd Flynt Fordham Foster Fowler of Douglas Fowler of Tift Freeman Frier Garrard Gilleland Gillis Greene of Crisp Grimsley Groover Gross of Stephens Gross of Dade Gunter Hall
THURSDAY, FEBRUARY 16, 1956
1271
Hardaway Harrell Harrison of Wayne Hawkins Hayes Henderson Hendrix Hodges Hogan Holley
Houston Hudson Hurst Ivey Jackson Jessup Johnson of Jenkins Johnson of Gilnier Jones of Lumpkin Jones of Laurens Jones of Sumter
Jordan Kelley Kennedy of Turner
Key Kilgore Killian Kins of Whitfield King of Pike Kitchens
Lam Larkins Lavender
Lindsey Lokey Long
Love
Lowe Mallory Martin Mashburn Massee
Matheson of Hart Mathis of Lowndes Matthews Mauldin McCracken McGarity McKelvey McKenna Mincy Mobley Moore Moorman Mull Murphey of Crawford Murphy of Haralson Murr Musgrove Nightingale Nilan Odom Palmer Parker Peacock Perkins Peters Pettey Phillips of Columbia Phillips of Walton
Potts Raulerson
Ray Reed Rodgers Roughton Rowland Russell Rutland Sanders
Scoggin Sheffield Short Smith of Evans
Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton Souter Stephens of Clarke Stewart Strickland Stripling Tamplin Tarpley Todd Truelove T witty Underwood of Bartow Underwood of
Montgomery Upshaw Veal Watson Weems Williams Willingham .Wilson of Towns
Wooten
On the motion to agree, the ayes were 167, nays 0.
The Senate amendments was agreed to.
Under the regular order of business, the following Bills of the Senate were taken up for consideration and read the third time:
SB 31. By Senators McDonald of the 43rd, Dews of the 9th, Matthews of the 47th, Jones of the 23rd and others:
A Bill to be entitled an Act to provide for municipal home rule; and for other purposes.
Mr. Gillis of Treutlen moved that SB 31 be tabled.
On the motion to table, Mr. Bolton of Spalding moved the ayes and nays and the call was sustained.
1272
JOURNAL OP THE HOUSE,
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Barber of Colquitt Baughman
Birdsong Blackburn Bloodworth
Bodenhamer Brannen Brown Gates Cheek Cocke Coker of Cherokee
Cotton Cowart Coxwell Dean of Rockdale
Denmark Drinkard
Flynt Fowler of Douglas
Fowler of Tift
Frier Garrard Gillis Gross of Duke
Hall Harrell
Harrison of Wayne
Hawkins Hendrix Hogan
Hudson Ivey Jessup Johnson of Jenkins Jones of Worth Jones of Lumpkin Jones of Laurens Jones of Suniter Jordan Key Kilgore King of Pike Kitchens
Land Lanier Larkins Lavender Lowe Mashburn Massee Mauldin McCracken Mincy Mobley Moorman Murphey of Crawford
Odom Perkins Peters
Pettey Phillips of Columbia Phillips of Walton Raulerson Ray Roughton Rowland Sheffield Sivell Smith of Emanuel Hoke Smith of Fulton Souter Stewart Tamplin Todd Truelove Twitty Underwood of Bartow Underwood of
Montgomery Upshaw Veal Williams Willingham
Willis
Those voting in the negative were Messrs.:
Alien Ayers Bagby Barber of Jackson Barker Bentley Blaiock Bolton Callier Campbell Carlisle
Chambers Clary Coker of Walker Cornelius Deen of Bacon Denson Duke Eyler
Floyd Fordham Foster Freeman Gilleland Greene of Crisp Grimsley Groover Gross of Stephens Gunter Hayes Henderson Hodges Holley Houston Jackson Johnson of Gilmer Kelley Killian
King of Whitfield Lam Lindsey Lokey Long Love Mallory Martin Matheson of Hart Mathis of Lowndes Matthews McGarity McKelvey McKenna Moore Mull Murphy of Haralson
Nightingale
Nilan
THURSDAY, FEBRUARY 16, 1956
1273
Palmer Parker Peacock Potts Reed Rodgers Sanders
Scoggin Smith of Evans M. M. Smith of Fulton Stephens of Clarke Strickland Tarpley Turk
Watson Weems Wilson of Towns Wilson of Peach Wooten
On the motion to table, the ayes were 85, nays 76.
The Bill was tabled.
Mr. McWhorter of DeKalb requested that they Journal him as voted against tabling the Bill.
The following Bill of the House was taken up for the purpose of considering the report of the Committee on Conference thereon:
HB 525. By Messrs. Moate of Hancock, Groover of Bibb, Duke of Baldwin, and many others:
A Bill to be entitled an Act to amend an Act to provide that candidates for membership in the General Assembly of Georgia may run either in a county primary or a State primary; and for other purposes.
The following Conference Committee Reports was read: Mr. President Mr. Speaker
Your committee on conference appointed on HB 525 submits the following report.
That the House recede from its position in rejecting Senate amendment number two (2).
On the part of the House: /s/ McGarity of Henry /s/ Ray of Warren /s/ Groover of Bibb
On the part of the Senate: /s/ Millican of the 52nd /s/ Page of the 1st /s/ Hollis of the 24th
Mr. Groover of Bibb moved that the House adopt the Conference Committee Report on HB 525.
On the motion to adopt, the ayes were 110, nays 0.
The Conference Committee Report was adopted.
1274
JOURNAL OP THE HOUSE,
Under the regular order of business, the following Bill of the Senate was taken up for consideration and read the third time:
SB 52. By Senator Dews of the 9th:
A Bill to be entitled an Act to provide that no schools in any county shall be consolidated without a vote of the persons living in the affected county; and for other purposes.
The previous question was ordered.
The main question was ordered.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the Speaker ordered the roll call and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Bagby Barber of Jackson Barker Baughman Bentley Birdsong Blalock Bloodworth Bolton Brannen Brown Caldwell Campbell Gates Cheatham Cheek Clary Cloud Coeke Coker of Cherokee Coker of Walker Cornelius Cotton Cowart Coxwell Dean of Rockdale Deen of Bacon Denson Drinkard Duncan Eyler
Floyd Fordham Foster Fowler of Douglas Freeman Frier Garrard Gilleland Gillis Greene of Crisp Grimsley Gross of Stephens Hall Hardaway Harrell Harrison of Wayne Hawkins Henderson Hodges Houston Hudson Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Lumpkin Jones of Laurens Jones of Sumter Key Kilgore Kins of Whitfield Kitchens Lanier
Larkins
Lokey Long Lowe Mallory Martin Mashburn Matheson of Hart Mathis of Lowndes Matthews Mauldin McCracken McGarity McKelvey McKenna Mobley Moorman Mull Murphey of Crawford Murphy of Haralson Musgrove
Nilan Odom Palmer Parker Peacock Perkins Peters Pettey Phillips of Walton
Potts Raulerson Register
THURSDAY, FEBRUARY 16, 1956
1275
Rodgers Roughton Russell Scoggin Sivell Smith of Evans Smith of Emanuel Hoke Smith of Fulton
M. M. Smith of Fulton
Sognier Souter Stewart Strickland Tamplin Tanner Tarpley Truelove
Twitty
Upshaw Veal Watson Wheeler Willingham Willis Wilson of Towns Wilson of Peach
Wooten
Voting in the negative was Mr.: Carlisle
On the passage of the Bill, the ayes were 126, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
HB 65. By Messrs. Seoggin, Wright and Hall of Floyd:
A Bill to be entitled an Act to amend an Act creating the State Board of Pardons and Paroles, so as to create an advisory staff as a division thereof; and for other purposes.
The following Senate Substitute was read:
The Committee on Penal and Correctional Affairs moves to Sub stitute HB 65 as follows:
AN ACT
To amend an Act creating the State Board of Pardons and Paroles approved February 5, 1943 (Ga. Laws 1943, p. 185) so as to create an advisory staff as a division thereof; to define the qualifications and functions of members of said staff; to fix their compensation; to pro vide for the screening of applications for parole of sex criminals; to provide for sanity trials for sex criminals discharged at the expiration of penal sentences; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
An Act creating the State Board of Pardons and Paroles approved February 5, 1943 (Ga. Laws 1943, p. 185) is hereby amended, effective upon approval hereof, by adding a new section thereto, designated Sec tion 11-A, to read as follows:
"11-A. There is hereby created within the State Board of Pardons and Paroles as a division thereof, an advisory staff to con sist of professional members as follows: two medical experts quali fied to practice medicine in this State, each of whom shall be licensed
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to practice medicine in Georgia and in addition shall have completed sufficient post graduate work in mental diseases and disorders to be eligible for certification by the American Board of Psychiatry and Neurology, and one legal expert who is a member of the Attorney General's office and who shall have had not fewer than seven years of active trial practice as an attorney at the bar of this State."
SECTION 2.
Said Act is further amended by adding a new section thereto, desig nated Section 11-B to read as follows:
"11-B. The professional members of said advisory staff shall be appointed by the Governor. The terms of office of members initially appointed shall commence on the date of the appointment and shall end with that of the incumbent Chairman of the State Board of Pardons and Paroles. Terms of office of subsequent appointees shall begin and end with that of the Chairman of the State Board of Pardons and Paroles.
SECTION 3.
Said Act is further amended by adding a new section, designated Section 11-C to read as follows:
"11-C. The members of said staff shall be compensated from appropriations made for the maintenance of the State Board of Pardons and Paroles, as follows: the professional medical members not more than fifty dollars per diem for each day of service required of them by the State Board of Pardons and Paroles, together with such allowances for travel appropriate to the proper execution of their duties as required by law. Provided, however, that any com pensation or salary scale must be approved by the Budget Com mission and provided further that this bill shall not become opera tive until such time as the appropriation for the State Board of Pardons and Paroles exceeds $250,000 annually, for its entire opera tion. The member from the Attorney General's office shall receive no additional compensation for service on said Board other than travel allowance."
SECTION 4.
Said Act is further amended by adding a new section, designated Section 11-D, to read as follows:
"11-D. It shall be the duty of the professional staff, when called upon by the State Board of Pardons and Paroles, to examine care fully, persons incarcerated in any penal institution of this State whose application for parole is before the Board and advise with respect to whether the subject be mentally and morally capable of maintaining himself, or herself, outside a penal institution; whether there by any latent or unconscious mental or moral impairment reasonably calculated to render the subject a dubious parole risk; whether such subject would likely respond to psychiatric treatment. Said Staff shall, after full examination file with the Chairman of the State Board of Pardons and Paroles its findings and observa tions, wherein shall be contained any observations or findings not
THURSDAY, FEBRUARY 16, 1956
1277
mentioned herein which might have bearing on the subject's entitle ment to parole. Methods of examination of parolees shall conform to diagnostic procedures usually employed in medical practice by specialists in mental and nervous diseases and disorders."
SECTION 5.
Said Act is further amended by adding a new Section, designated Section 11-E, to read as follows:
"11-E. For the purposes contemplated herein, sex crimes are (1) rape; (2) assault with the intent to rape; (3) sodomy; (4) kidnapping a female by a male; (5) incest; (6) molesting children to gratify a sex urge. Persons convicted of a sex crime shall be examined not more than 60 days prior to becoming eligible for parole, by the Advisory Staff when requested to do so by the State Board of Pardons and Paroles. Said Staff may, after careful exami nation and diagnosis, make known to the State Board of Pardons and Paroles whether the subject so examined, has any mental, moral or physical impairment which would render release unadvisable. Not less than ninety days prior to the expiration date of the penal sentence of any such offender, that is to say, any person convicted of a sex crime the Chairman of the State Board of Pardons and Paroles, when he considers it necessary, may direct the Advisory Staff to complete the same character of examination and report on each of such persons as is required in connection with an application for parole. Those reports of examination as would fail to support an application for parole shall be furnished to the Solicitor General of the judicial circuit wherein lies the county of residence of the offender, or in the event such person be a non-resident of this State, then to the Solicitor General of the judicial circuit wherein lies the county in which the indictment, trial and conviction occurred. It shall thereupon be and become the duty of the Solicitor General to cause a lunacy warrant to be sued out in the manner and before the authority outlined and prescribed in statutes codified as Chap ter 49-6 of the Code of Georgia of 1933. The procedure incident to the suing out of said lunacy warrant, the trial of the issues raised, the commitment and all else, except as hereinafter provided, shall be in all respects as prescribed in said statutes. The report of exami nation so furnished the Solicitor General shall, notwithstanding other provisions of law, be deemed a sufficient cause and basis for the issuance of a lunacy warrant.
SECTION 6.
Said Act is further amended by adding a new section, designated Section 11-F, to read as follows:
"11-F. In the accomplishment of the aforementioned duties, officers, agents and employees of this State, and of each subdivision thereof, having the custody of prisoners, shall be required to lend full cooperation to said advisory staff in the accomplishment of their duties under this amendatory Act. Records shall be filed with the State Board of Pardons and Paroles and kept in the individual case folder of the persons concerned and made available to the State Board of Pardons and Paroles and to members of the Advisory Staff. Provided, however, said records shall be confidential and
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shall not be disclosed except to the above named persons and except as provided now by an act of the General Assembly providing for the disclosure of the records of the State Board of Pardons and Paroles in certain instances.
SECTION 7.
All laws and parts of laws in conflict with this Act are hereby repealed.
SECTION 8.
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.
The following House Amendment to the Senate substitute was read and adopted:
Messrs. Scoggin of Floyd and Floyd of Chattooga move to amend the Senate Substitute to HB 65 by striking from Section 3 thereof the words in line 11 and after the word "commission", as follows:
"and provided further that this bill shall not become operative until such time as the appropriation for the State Board of Pardons and Paroles exceeds $250,000.00 annually for its entire operation."
Mr. Scoggin of Floyd moved that the House agree to the Senate substitute to HB 65, as amended by the House.
On the motion to agree, the ayes were 114, nays 0.
The Senate substitute, was agreed to, as amended, by the House.
Under the regular order of business, the following Bills of the Senate were taken up for consideration and read the third time:
SB 120. By Senators Steis of the 25th, and Ricketson of the 19th:
A Bill to be entitled an Act to provide for the issuance of automobile license tags to disabled veterans; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 108, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 32. By Senator Overby of the 33rd:
A Bill to be entitled an Act to regulate the sanitary conditions of meat, poultry, and dairy processing plants, and for other purposes.
THUESDAY, FEBRUARY 16, 1956
1279
The following amendment was read and adopted:
Mr. Sanders of Richmond moves to amend SB 32 by adding a new section to be numbered 15 and to read as follows: "Nothing contained herein shall be construed to apply to any meat, poultry and dairy pro cessing plant which is now under inspection and regulations according to the laws of the Federal Government."
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
SB 44. By Senators Wilkins of the 44th, Matthews of the 47th and others:
A Bill to be entitled an Act to amend an Act prohibiting throwing trash upon public roads or 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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Ayers Bagby Barber of Jackson Barker Bentley Birdsong Black Blackburn Blalock Bolton Brannen Brown Caldwell Campbell Carlisle Gates Chambers Cheatham Cheek Clary Cocke Coker of Cherokee Coker of Walker
Cornelius Coxwell Dean of Rockdale Deen of Bacon Drinkard Eyler Fordham Foster Fowler of Douglas Freeman Frier Garrard Gilleland Gillis Greene of Crisp Grimsley Groover Hall Hardaway Harrison of Wayne Hawkins Hodges Houston Hudson
Ivey
Jessup Johnson of Gilmer Jones of Laurens Jones of Sumter Jordan Kelley Kennedy of Turner Key Kilgore Killian Killingsworth King of Whitfield King of Pike
Larkins Lindsey Lokey Long Lowe Mallory Mashburn Mathis of Lowndes Mauldin McCracken McGarity McKelvey
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JOURNAL OF THE HOUSE,
McKenna Mincy Mobley Moore Moorman Mull Murphey of Crawford Murphy of Haralson Musgrove Nightingale Nilan Odom Parker Perkins Peters Pettey
Phillips of Columbia Potts Raulerson Ray Register Rodgers Roughton Rowland Russell Rutland Sanders Smith of Evans Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton Sognier
Souter Stewart Strickland Tamplin Tarpley Todd Truelove Twitty Upshaw Veal Watson Willingham Willis Wilson of Towns Wilson of Peach
On the passage of the Bill, the ayes were 122, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following Bills and Resolutions of the House to wit:
HB 97. 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, relating to funds for improvements in the Department of Parks; and for other purposes.
HB 246. By Messrs. McWhorter, Rutland and Mackay of DeKalb:
A Bill to be entitled an Act to fix, prescribe and establish compensation and/or salaries of the Elective County Officials of DeKalb County; and for other purposes.
HB 414. By Messrs. Floyd and Weems of Chattooga:
A Bill to be entitled an Act to repeal an Act creating a Board of Com missioners of Roads and Revenues of Chattooga County; and for other purposes.
HB 527. By Messrs. Barber and Short of Colquitt:
A Bill to be entitled an Act to amend the charter of the City of Moultrie, to extend the present corporate limits of said City; and for other pur poses.
HB 545. By Mr. Lokey of Fulton: A Bill to be entitled an Act providing that cities having a population of
THURSDAY, FEBRUARY 16, 1956
1281
more than 150,000, shall furnish pension to all officers and employees of such cities and providing a system of pensions, so as to re-open the pension fund; and for other purposes.
HB 566. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A Bill to be entitled an Act to create the office of Director of Public Safety in all counties having a population of 300,000 or more; to provide for the appointment and term thereof; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following Bills and Resolutions of the House to wit:
HB 207. By Messrs. Groover of Bibb, Chastain of Thomas and others:
A Bill to be entitled an Act to provide for a physical examination as a prerequisite for employment by the State; and for other purposes.
HB 348. By Mr. Dean of Rockdale:
A Bill to be entitled an Act to provide for the appointment of an assistant Solicitor General in Judicial Circuits having two or more Judges of Superior Courts in such circuit; and for other purposes.
HB 579. By Mr. Groover of Bibb:
A Bill to be entitled an Act to amend an Act relating to selling, leasing, granting, exchanging and disposing of recreational and park property by the State ... so as to provide that the provisions relative to adver tising and bids shall not apply to the leasing of State parks or facilities if the lease involved is for a period of one year or less, nor to the ex change of State park property or interest therein on a dollar for dollar value basis; and for other purposes.
HB 266. By Mr. Groover of Bibb:
A Bill to be entitled an Act to provide for the partial abatement of the gross premium tax levied against insurance companies; and for other purposes.
The Senate recedes from its position in amending the following Bill of the House:
HB 384. By Messrs. Moate of Hancock, Willingham of Cobb and Groover of Bibb:
A Bill to be entitled an Act to amend an Act, being a portion of the Income Tax Laws; and for other purposes.
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 Resolution of the House to wit:
HR 204. By Mr. Sanders of Richmond and others:
A Resolution authorizing the establishing and leasing of port facilities in Richmond County.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate disagrees to the House Amendment to the following Bill of the Senate and respectfully asks that a Committee of Conference be appointed:
SB SO. By Senator Lambert of the 28th:
A Bill to be entitled an Act to provide for the prohibition of the owning, controlling or holding by certain companies of more than 15% of voting stock of banks as defined therein and of bank holding companies as defined therein; and for other purposes.
The President appointed as a Committee of Conference on the part of the Senate: Senators Hollis of the 24th, Ayers of the 31st and Lambert of the 28th.
The Senate has agreed to House amendments to the following Bills of the Senate:
SB 140. By Senator Matthews of the 47th:
A Bill to provide that the compensation of the Sheriff, the Clerk of the Superior Court and the Ordinary of Colquitt County shall be on a salary basis an53 to provide their compensation; and for other purposes.
SB 136. By Senator Parker of the 20th:
A Bill providing a method by which employees of certain hospitals and institutions may obtain goods and services; and for other purposes.
SB 92. 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 change the date of the regular city elections; and for other purposes.
The following Bill of the Senate was taken up for the purpose of considering the Senate disagreement to the House amendment thereto:
SB 30. By Senator Lambert of the 28th:
A Bill to be entitled an Act to prohibit the holding by certain companies of more than 15% of voting stock of banks, and for other purposes.
THURSDAY, FEBRUARY 16, 1956
1283
Mr. Groover of Bibb moved that the House insist on its position in amending SB 30, and that a Committee on Conference on the part of the House 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 on the part of the House the following members: Messrs. Cheatham of Chatham, Harrell of Grady, and Brown of Telfair.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 579. By Mr. Groover of Bibb:
A Bill to be entitled an Act to amend an Act relating to selling, leasing, or disposing of recreational and park property by the State, and for other purposes.
The following Senate amendment was read:
The Senate Committee on Rules moves to amend HB 579 by adding at the end of both quoted paragraph in Section 1, the following: "Pro vided further, no lease for a term of more than one year, and no exchange of State Park property shall be effective until the same shall be ratified by a two-thirds majority of the State Senate."
Mr. Smith of Emanuel moved that the House agree to the Senate amendment.
On the motion to agree, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Ayers Barber of Colquitt Barber of Jackson Black Blackburn Blalock Bloodworth Bolton Brannen Brown Caldwell Carlisle Chambers Chastain Cheek Clary Cocke Coker of Cherokee Coker of Walker Cornelius Coxwell
Dean of Rockdale Deen of Bacon Drinkard Duke Duncan English Fordham Foster Fowler of Douglas Freeman Frier Garrard Gilleland Gillis Greene of Crisp Grimsley Groover Hall Hardaway Harrell Harrison of Wayne Hawkins Hodges
Holley Houston Hudson Ivey Jackson Jessup Johnson of Gilmer Jones of Lumpkin Jones of Laurens Jones of Sumter Jordan Kelley Kennedy of Turner Key Kilgore Killian King of Whitfield King of Pike Larkins Lavender Lindsey Lokey Long
1284
JOURNAL OF THE HOUSE,
Lowe Mallory Mashburn Mathis of Lowndes Matthews Mauldin McGarity McKelvey McKenna McWhorter Mincy Mobley Moore Moorman Mull Murphey of Crawford Musgrove Nightingale Nilan Odom Palmer
Parker Peacock Perkins Peters Pettey Phillips of Columbia Potts Raulerson Ray Register Rodgers Roughton Rowland Russell Rutland Scoggin Sivell Smith of Evans Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton
Sognier Souter Stephens of Clarke Stewart Strickland Tamplin Tarpley Todd Twitty Underwood of
Montgomery Upshaw Watson Wheeler Williams Willingham Willis Wilson of Towns Wilson of Peach Wooten
On the motion to agree, the ayes were 130, nays 0.
The Senate amendment to HB 579 was agreed to.
The following report of a Special House Committee was read:
Speaker House of Representatives State Capitol Atlanta, Georgia
Mr. Speaker:
Your House Committee, authorized in House Resolution, No. 135 being as follows, makes this report:
"WHEREAS, it has come to the attention of several members of the House of Representatives and has been widely circulated through the Daily Press that certain persons have been going about over the State of Georgia soliciting money from business establishments, cafes, restaurants, service stations, drive-in restaurants and other business houses where coin-operated amusement machines are operated, to create a slush fund for the purpose of defeating non-existent legislation in the General Assembly of Georgia, and
WHEREAS, said persons have held themselves out to be police officers and members of the Georgia Bureau of Investigation and have by coercion and duress obtained large sums of money, and
"WHEREAS, said persons in so doing have created an inference to the licensed and unlicensed coin-operated amusement machine operators of several of the municipalities of Georgia and to the general public that cash would be required to influence the judgment of the Members of the General Assembly to pass or defeat any legislation offered upon said subject matter, and
THURSDAY, FEBRUARY 16, 1956
1285
"WHEREAS, such actions on the part of said persons and the re ports of the press tend to injure the good name, reputation and character of the General Assembly collectively, and its members individually, and also to injure the reputation, character and good name of the members and employees of the Georgia Bureau of Investigation, and
"WHEREAS, it is to the interest of the General Assembly, the Georgia Bureau of Investigation and the general public that a full and complete investigation be made of said matter.
"NOW THEREFORE, be it resolved by the House of Representa tives that the Speaker of the House appoint a Special Committee to con duct an investigation into said matter in order that the members of the General Assembly and the people of Georgia be fully informed as to said subject matter.
"BE IT FURTHER RESOLVED, that said Special 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 to compel the production of such documents, records, letters and papers.
"BE IT FURTHER RESOLVED, that said Special Committee shall
report its finding thereon within 10 days."
Those appointed to the Committee by you were the gentleman from Paulding, Mr. Bagby, the gentleman from Fayette, Mr. Huddleston, the gentleman from Haralson, Mr. Murphy, the gentleman from Elbert, Mr. Lavender and the gentleman from Brooks, Mr. Sheffield. Your commit tee met and elected the gentleman from Elbert, Mr. Lavender, as Chair man and the gentleman from Brooks, Mr. Sheffield, as Secretary.
At the initial meeting, the Committee adopted the following policy:
"The Committee deems that the function of this Committee is to investigate the so-called con-racket or the report of the so-called conracket in the pin ball machine enterprise over the State and the reported implications of the General Assembly and the Georgia Bureau of Investi gation, and of the participation of Members of the General Assembly or the Georgia Bureau of Investigation in such con-racket or alleged con-racket. The Committee deems that the policy of this group shall be full use of all resources to secure all possible information with reference to the alleged pin ball machine con-racket; to determine the extent, if any, of the participation of the General Assembly and of any Member of the Georgia Bureau of Investigation. Our policy will be to transmit forthwith all information which avails to legal evidence to proper author ities in the counties in which the alleged con-racket was in operation and to make available to the proper authorities all reports, documents, affi davits and sworn testimony that this Committee might hear."
After establishing Committee policy, Mr. Speaker, your Committee acquainted itself with the reports from the Georgia Bureau of Investi gation, on alleged con-racket activities in Paulding County, Georgia, Augusta, Georgia and Albany, Georgia. The Committee received a report on Paulding County from Lt. T. A. Smith, Special Agent, G.B.I.; on Augusta, Georgia, from Sgt. Ben Sentell, G.B.I, and subpoenaed wit nesses in connection with the Augusta report; in Albany, the Committee
1286
JOURNAL OF THE HOUSE,
received a report from Mr. John Durham, of the G.B.!. and subpoenaed witnesses in connection with this report; the Committee received a statement from the G.B.!. in Columbus.
Mr. Speaker, after a thorough study of all reports and full consideration of all sworn testimony, the Committee finds: (1) There is evidence that a pin ball con-racket was being perpetrated by certain individuals in several counties in Georgia, (2) That there is no implication of the General Assembly, either collectively or individually, in the so-called pin-ball racket, that (3) there is no implication of any Member of the G.B.!. presently serving in any capacity with this organization.
The Committee desires to make the following recommendations and observations. Citizens having interest in matters before the General Assembly, or purported to be before the General Assembly, should contact their elected Representative concerning same. In the event that there is any question about any matter within purview of the General Assembly, the elected Representative from that Georgian's county would appreciate being contacted in the matter and will be happy to substantiate or obtain the necessary information on the question at issue.
While it was not within the scope of HR 135, the Committee would state further that in addition to no Member of the General Assembly or the Georgia Bureau of Investigation being implicated by sworn testimony or reports received, no State employee was involved in any matters substantiated by fact.
It is the recommendation of this Committee that all evidence, papers, documents, statements, affidavits and sworn testimony of this Committee be turned over to Solicitor-Generals of the counties involved.
The Committee wishes to express appreciation to Governor Griffin for the cooperation given by the Governor and the Executive Department, also to the G.B.!. for their untiring efforts in obtaining facts for the Committee, and to the Georgians who took time from personal endeavor to appear before the Committee.
Respectfully submitted: Is/ Lavender, of Elbert, Chairman Is/ Sheffield, of Brooks, Secretary /s/ Bagby, of Paulding /s/ Huddleston, of Fayette Is/ Murphy, of Haralson
Mr. M. Smith of Fulton moved that the House do now adjourn until 10:00 o'clock tomorrow and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock tomorrow morning.
FRIDAY, FEBRUARY 17, 1956
1287
Representative Hall, Atlanta, Georgia. Friday, February 17, 1956.
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 Alien Ayers Barber of Colquitt Barber of Jackson Barker Baughman Bentley Birdsong Black Blackburn Blalock Bloodworth Bodenhamer Bolton Brannen Brown Caldwell Callier Campbell Carlisle Cason Gates Chambers Cheek Clary Cloud Cocke Coker of Cherokee Coker of Walker Cornelius Cowart Coxwell Dean of Rockdale Deen of Bacon Denson Dozier Drinkard Duke Duncan Edenfield Elder English
Fain
Floyd 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 Harrison of Wayne Hawkins Hayes Henderson Hodges Hogan Holley Houston Hudson
Hurst Ivey Jackson Jessup Johnson of Jenkins Jones of Worth Jones of Lumpkin Jones of Laurens Jones of Sumter Jordan Kelley Kennedy of Turner Kennedy of Tattnall . Killian King of Chattahoochee
King of Pike Kitchens Lam Land Lanier Larkins Lavender Lindsey Long Lowe Mackay Mallory Martin Mashburn Massee Matheson of Hart Mathis of Lowndes Matthews Mauldin McCracken McGarity McKelvey McKenna Mincy Mobley Moore Moorman Mull Murphey of Crawford Murphy of Haralson Murr Musgrove Nightingale Nilan Palmer Parker Peacock Pelham Perkins Peters Pettey Phillips of Columbia Phillips of Walton
Pickard
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JOURNAL OF THE HOUSE,
Potts Raulerson Ray Reed Register Rodgers Roughton Rowland Russell
Sanders Scoggin Short Singer Sivell Smith of Evans Smith of Emanuel
M. M. Smith of Fulton Souter Stephens of Clarke Stevens of Marion Stewart Strickland Stripling Tamplin Tarpley
Todd Treulove Turk Twitty Underwood of Bartow Underwood of
Montgomery
Upshaw Veal Watson Weems Wheeler Williams Willingham Willis Wilson of Towns
Wilson of Peach Wooten Wright Young Mr. Speaker
(Moate)
Those not answering the roll call were Messrs. Bagby, Chastain, Cheatham, Cotton, Deal, Denmark, Eyler, Flynt, Harrison of Jeff Davis, Hendrix, Huddleston, Johnson of Gilmer, Key, Kilgore, Killingsworth, King of Whitfield, Lokey, Love, McWhorter, Odom, Ramsey, Ruark, Rutland, Sheffield, H. Smith of Fulton, Sognier, Tanner and Terrell.
Mr. Floyd of Chattooga gave notice that at the proper time he would move that the House reconsider its action in passing SB 120.
Mr. M. Smith of Fulton gave notice that at the proper time he would move that the House reconsider its action in passing SB 32.
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. Reports of Standing Committees. 2. Second reading of Bills and Resolutions, favorably reported. 3. Third reading and passage of Local Bills and General Bills with local
application. 4. That the Speaker in his discretion may call up any Bill on the General
Calendar in any order he deems advisable.
The Clerk was directed to correct an error in the amendment to HB 455.
By unanimous consent, the following Committee Reports were submitted and read:
FRIDAY, FEBRUARY 17, 1956
1289
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 Bill of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendation:
SB 38. Do Pass.
Respectfully submitted,
Scoggin of Floyd,
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 51. Do Pass.
Respectfully submitted,
Hoke Smith of Fulton,
Chairman.
Mr. Drinkard of Lincoln County, Chairman of the Committee on State of Republic, submitted the following report:
Mr. Speaker:
Your Committee on State of Republic has had under consideration the fol lowing Bill of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendation:
SB 18. Do Pass, as amended.
Respectfully submitted,
Drinkard of Lincoln,
Chairman.
By unanimous consent, the following Bills of the Senate were taken up for consideration and read the third time:
SB 51. By Senator Matthews of the 47th:
A Bill to be entitled an Act to amend the Act creating and establishing a new charter for the City of Moultrie; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
1290
JOURNAL OF THE HOUSE,
On the passage of the Bill, the ayes were 103, nays 0. The Bill, having received the requisite constitutional majority, was passed.
SB 141. 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 substitute was read and adopted: By the Fulton Delegation:
AN ACT
To amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA and it is hereby enacted by authority of the same that an Act entitled "An Act to establish a new charter for the City of Atlanta, approved February 28, 1874," and the several Acts amendatory thereof, be further amended as follows:
SECTION 1.
A copy of notice of intention to apply for this local legislation and an affidavit showing the publication of such notice as required by law are attached hereto and made a part of this Bill, and it is hereby declared that all the requirements of the Constitution of the State of Georgia of 1945 relating to publication of notice of intention to apply for the passage of this local legislation have been complied with for the enactment of this law.
SECTION 2.
The office of "Comptroller" for the Board of Education is hereby created. He shall be elected by the Board at its first meeting in July, 1956 and shall hold office for a term of four (4) years, or until his successor is elected and qualified. His salary shall be fixed by the Board of Education. He shall give bond in the sum of Ten Thousand ($10,000.00) Dollars with security, subject to the approval of the Board of Education, conditioned for the faithful performance of his duties. He shall be hereafter referred to in this charter amendment as the "Comp troller".
SECTION 3.
The "Comptroller" shall have the same responsibility and duty with respect to funds and accounts of the Board of Education as the City Comptroller has under this charter with respect to the general finances of the city. It shall be his duty to pass upon all warrants or claims which shall be presented to him for payment and he shall have power to require evidence that the amount claimed is justly due and for that purpose may summon before him any office or employee of the Board of Education
FRIDAY, FEBRUARY 17, 1956
1291
or any other person and may require the production of books and papers to be used as evidence before him.
SECTION 4.
There shall be established in the Department of Education a Budget Commission, which shall consist of the "Comptroller", the Superintend ent of Schools, the President of the Board of Education and two (2) members of the Board of Education. The "Comptroller", the Superin tendent of Schools and the President shall be ex officio members. The two (2) members of the Board shall be elected at the first meeting of the Board in the fiscal year.
SECTION 5.
The fiscal year of the Board of Education shall begin on the first day of January and continue through the 31st day of December. On the second Wednesday in November, at a public meeting called for that purpose by the Board of Education, the "Comptroller" shall submit to the Board of Education a budget, certified by the Budget Commission, containing the financial plan for the conduct of the affairs of the Board of Education for the ensuing year. The budget shall be accompanied by an explanatory message and may include recommendations as to capi tal projects to be undertaken by the Board of Education within the en suing fiscal year and within the five (5) succeeding years.
SECTION 6.
In the preparation of the budget, the Budget Commission, through the "Comptroller" or an officer designated by him, shall, at such date as he shall determine, obtain from the head of each department of the Board of Education estimates of revenues and expenditures of that department or agency, detailed by organization units and character and object of expenditure and such other supporting data as he may request; together with an estimate of all capital projects pending or which he believes should be undertaken (a) within the next fiscal year or (b) within the five (5) succeeding years. The Budget Commission shall re view the estimates, shall hold public hearings thereon, and may revise the estimates, as they may deem advisable and shall approve the budget, explanatory message, and recommendations before submission to the Board of Education by the "Comptroller" on behalf of the Budget Com mission.
SECTION 7.
The budget shall provide a complete financial plan for the ensuing fiscal year and shall include, but not be limited to, (a) detailed estimate of all anticipated revenue applicable to proposed expenditures, (b) pro posed expenditures with enumeration of debt service requirements, ap propriations required by statute and other purposes, and (c) comparative data on the last completed fiscal year and actual and estimated data for current fiscal year.
SECTION 8. The Budget Commission shall include in its anticipation for the
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next fiscal year a sum not to exceed the actual revenue collected by the Board of Education from all sources during the period from January 1st to October 30th of the current fiscal year and the estimated revenue for the remainder of the fiscal year, provided that there may be added to such anticipations a sum equal to not more than eighty-five (85%) per cent of all tax executions on real estate and fifty (50%) percent on tax executions on personal property not more than three years old and choses in action owned by the Board of Education and certified by the Municipal Revenue Collector as being solvent and collectible. Actual revenue shall include income of a recurring nature but shall not include the proceeds from the sale of real estate or from insurance thereon, nor shall actual revenue include any surplus or unencumbered or unappro priated cash balances carried forward from one fiscal year to the next. However, in the preparation of the budget there shall be added to the anticipated revenues the amount anticipated as being available the next fiscal year from surplus, unencumbered or unappropriated funds but when the actual amount of funds aforementioned is known, the budget shall be adjusted accordingly. Provided, however, that for the calendar year beginning January 1, 1957 the anticipated revenue from all sources as hereinbefore enumerated may be increased by not more than the percentum that the certified enrollment in the system for the 1956-1957 fiscal year exceeds the 1955-1956 enrollment for the same period. Pro vided further that for the fiscal years beginning January 1, 1958, and thereafter the ratio of increase in enrollment of the then current school year to that of the preceding school year to increase anticipated revenue may be used.
SECTION 9.
A summary of the budget submitted by the "Comptroller" shall be published on or before the last Wednesday in November in a daily news paper. The budget as submitted and all supporting data shall be a public record open to inspection by anyone and shall be filed in the office of the Secretary of the Board of Education and in the office of the "Comp troller" for such purpose. The Board of Education shall consider the budget submitted as hereinbefore provided at the regular meeting the second Wednesday in December, which shall be a public meeting. Should the Board of Education desire to propose changes; increase or decrease items of the budget, or otherwise revise the budget as submitted, such proposals shall be announced and recorded at said meeting, provided, however, the total expenditures, including the changes, shall at no time exceed the total of the anticipated revenue as certified by the Budget Commission to the Board of Education.
SECTION 10.
The budget shall be finally adopted by the Board of Education at, or before, the adjournment of their regular meeting for the month of January, which shall be a public meeting, and upon adoption it shall relate back to the first of the year and shall cover the full fiscal year. Within one week after the adoption of the budget a summary thereof shall be published as hereinbefore provided for the publication of the summary of the budget. A copy of the budget as finally adopted shall be certified by the Budget Commission and shall be filed in the office of the Secretary of the Board of Education. The budget so certified
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1293
shall be printed, mimeographed or otherwise reproduced and sufficient copies thereof shall be made available for the use of all officers, depart ment and agency heads, and for the use of the public.
SECTION 11.
In the event of a change in the personnel of the Board of Education between the December meeting referred to in Section 9, and the January meeting referred to in Section 10, a public meeting of the Board of Edu cation may be called in January prior to the regular January meeting, at which called meeting the proposed budget may be considered and revised in all respects as fully as it could at said December meeting.
SECTION 12.
The budget so adopted shall not be changed or altered during the fiscal year and the Board of Education may not vary the titles, descrip tions or conditions of administration specified in the Budget, except in the manner provided hereinafter. Any proposal to insert any additional item, increase or decrease any item or appropriation, transfer any item or to revise the budget in any particular shall be made only at a regular meeting of the Board of Education and shall not be adopted until the next succeeding meeting of the Board of Education. No such revisions or changes in the budget as herein provided shall be made during the last two months of the fiscal year, except in case of emergency. Before any revision or change in the budget shall be made during the last two months of the fiscal year, the Board of Education shall first determine that an emergency exists and advertise such determination of emergency in a daily newspaper, together with an explanation of the facts con stituting the emergency, and a notice of a public meeting of the Board of Education to consider such proposed revision or change in the budget. Such public meeting shall be held not less than 48 hours after publication of the notice. No such budget revision or change shall be made except at a public meeting of the Board of Education. The Board of Education shall have no authority to transfer funds set aside for debt service or for the payment of outstanding obligations to any other purpose until all such obligations are paid. Should the anticipated income of the Board of Education be either increased or decreased by law, by a change in the tax rate or by changes in grants and aid from other governments, the Budget Commission shall, within a period of ten (10) days certify to the Board of Education the amount of the revised revenues for the balance of the fiscal year and such Board of Education, upon certification by the Budget Commission, shall adjust the budget accordingly. However, should any property of the Board of Education be damaged or destroyed by fire, windstorm or other casualty, the Board of Education may ap propriate at any time for the restoration of such property any amount realized from insurance thereon, but any additional appropriations shall comply with the formalities herein provided.
SECTION 13.
This Act shall not affect the expenditure of any monies derived from bonds that are issued and sold by the City of Atlanta in accordance with the laws of the State of Georgia. Nothing herein shall be construed to restrain or limit the Board of Education in the amount of taxes that may be levied by them which are otherwise authorized by law.
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SECTION 14.
From and after the effective date of this Act, any warrants issued or indebtedness incurred by the Board of Education in excess of the ap propriations provided in the budget, or without a valid appropriation in a budget compiled as herein required, shall be absolutely void as obligations of the Board of Education but shall constitute a personal liability upon each member of the Board of Education individually.
SECTION 15.
The budget prepared in accordance with this Act shall fix the sala ries and expenses of all officers and employees of the Board of Education, which shall not be increased by the Board of Education after the adop tion of the budget in January, as provided in Section 10 of this Act. Provided, however, this shall not apply to salaries fixed by law. Pro vided, however, that this restriction shall not apply where it is necessary to make salary adjustments to comply with regulations issued by the Board of Education of the State.
SECTION 16.
It shall be the duty of the Board of Education to cause a compre hensive audit to be made annually of all the departments, which audit shall be made by independent certified public accountants. When com pleted, the audit shall be filed with the "Comptroller" of the Board of Education not later than November 1st of each year covering the finan cial operations of the government for the preceding year. Upon receipt of the audit, the "Comptroller" of the Board of Education shall forthwith have complete copies of all such reports transmitted to the grand jury of Fulton County then in session; and shall also send complete copies of said reports to the Atlanta Public Library, the Atlanta Chamber of Commerce and to each member of the Board of Education, and to the Mayor and Board of Aldermen; and shall send copies of each depart mental audit to the department heads concerned. The grand jury of such county then in session, upon the receipt of said copies of the complete audit, after its consideration and examination of the same shall retrans mit said copies, together with its recommendations, to the "Comptroller" of the Board of Education. Copies of all or any part of said audit shall be available to any interested party at actual cost.
SECTION 17.
Be it further enacted that each and every phrase, clause and part of this Act is separately enacted, and should any part or section of this Act be held invalid for any reason, it is hereby declared the intent and purpose of the General Assembly that the remaining valid portions of this Act shall remain in full force and effect.
SECTION 18. 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 0.
FRIDAY, FEBRUARY 17, 1956
1295
The Bill, having received the requisite constitutional majority, was passed, by substitute.
SB 159. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act creating a Joint City County Board of Tax Assessors in all counties having a population of 300,000 or more; and for other purposes.
The following amendment was read and adopted:
Fulton Delegation moves to amend SB 159:
Amend Section 3 by deleting from lines 5 and 6 the words "or his property has been assessed for taxation at a figure grossly below its true value,".
Further amend Section 3 by deleting from line 10 the comma fol lowing the word "undervaluation" and the word "either" immediately thereafter, and from lines 10 and 11 the words "or by the tax assessor".
Further amend Section 3 by deleting from line 14 the words "or assessed".
Further amend Section 3 by changing the period at the end of said section to a semi-colon and adding immediately thereafter the following:
"provided, further, that, where the owner of property has re turned the same for taxation at the time the return should have been made, the right of the Joint Board of Tax Assessors to require, under the authority of this act, a further return of such property, on the ground that the owner has grossly undervalued the same shall expire on December 31 of the year for which the assessment was made or on the payment of all taxes due on the assessment for such year, whichever date shall occur later."
The report of the committee which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 105, nays 0.
The Bill, having received the constitutional majority, was passed, as amended.
SB 165. By Senator Florence of the 39th:
A Bill to be entitled an Act to amend an Act to place the Clerk of the Superior Court, the Ordinary, the Tax Commissioner, and the Sheriff of Cherokee County on a salary basis in lieu of a fee basis; and for other purposes.
The report 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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SB 166. By Senator Brooks of the 50th:
A Bill to be entitled an Act to amend an Act establishing the City Court of Lexington in the County of Oglethorpe, and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bills, the ayes were 107, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Ployd of Chattooga asked unanimous consent that the House reconsider its action in passing the following Bill of the Senate:
SB 120. By Senators Steis of the 25th and Ricketson of the 19th:
A Bill to be entitled an Act to provide for the issuance of automobile license tags to disabled veterans; and for other purposes.
The motion prevailed, and the House reconsidered its action in passing SB 120.
Mr. M. Smith of Fulton asked unanimous consent that the House reconsider its action in passing the following Bill of the Senate:
SB 32. By Senator Overby of the 33rd:
A Bill to be entitled an Act to regulate the sanitary conditions of meat, poultry and dairy processing plants; and for other purposes.
The motion prevailed, and the House reconsidered its action in passing SB 32.
The following Bills of the House were taken up for the purpose of considering the Senate amendments and substitutes thereto:
HB 460. By Messrs. Mackay, Rutland, McWhorter of DeKalb:
A Bill to be entitled an Act to amend an Act creating the Civil Court of DeKalb County; and for other purposes.
The following Senate Substitute was read:
County and Municipal Government Committee moves the adoption of the following Substitute for HB 460:
AN ACT
To amend an Act approved February 14, 1951 (Georgia Laws 1951, page 2401) creating the Civil Court of DeKalb County, by providing for an additional judge for such court and by fixing his duties, powers, qualifications, manner of appointment and elections; by providing that such court shall have criminal jurisdiction over all misdemeanor cases; by providing for the appointment, qualification and election of a solicitor
FRIDAY, FEBRUARY 17, 1956
1297
and an assistant solicitor; by fixing the salaries of the judges, solicitor and assistant solicitor; by providing for the transfer of criminal cases from the Superior Court of DeKalb County; by fixing the methods of trials and procedure and appeals in criminal cases in such court; by providing the judges, solicitors and employees of such court shall be ex-officio officers of the City Court and eligible for benefits under the employees' retirement system of Georgia; by providing that the solicitor of such court may serve on lunacy commissions; by providing that this Act shall be subject to a referendum; to provide an effective date for this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA:
SECTION 1.
The Act approved February 14, 1951 (Georgia Laws 1951, page 2401), creating the Civil Court of DeKalb County is hereby amended by striking Section 6 of said Act in its entirety, and substituting in lieu thereof a new section, reading as follows:
"Be it further enacted by the authority aforesaid that there shall be two judges of the Civil Court of DeKalb County who shall be elected for a term of four years thereafter. The judge in office at the time of approval of this Act shall continue to serve as one of the judges until the expiration of his term, and until his successor shall have been elected and qualified. The second judge of said court shall be appointed by the Governor of the State of Georgia for a term beginning on the effective date of this Act and ending on the 31st day of December 1958. In the event the effective date of this Act is the 31st day of December, 1958, then and in that event the Governor shall appoint the second judge for a term beginning on the 1st day of January, 1959, and ending on the 31st day of Decem ber, 1960. The successor to such second judge shall be elected at the general election to be held in November, 1958, and each four years thereafter, unless the effective date of this Act is the 31st day of December, 1958, and in that event the successor to such second judge shall be elected at the general election to be held in November 1960 and each four years thereafter.
SECTION 2.
Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that said Act shall be and the same is hereby amended by adding the following sections:
"Section 1-A: That in addition to the jurisdiction heretofore conferred on said court, the Civil Court of DeKalb County shall have jurisdiction over DeKalb County of the following matters, namely:
All crimes and offenses which by the Constitution of the State of Georgia are not exclusively cognizable in the superior courts thereof.
Section 2-A: Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that all criminal cases pending in the City Court of Decatur upon the effective date of this Act shall be immediately transferred to the Civil Court of
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DeKalb County, and cases shall be tried and all subsequent pro ceedings filed in said court.
"Section 3-A: Be it further enacted by the authority afore said, and it is hereby enacted by authority of the same that any indictment or presentment made by the grand jury of DeKalb County in cases of which the Civil Court of DeKalb County has jurisdiction under this Act, may from time to time be transferred by the judges of the superior court of DeKalb County to the Civil Court of DeKalb County and shall thereafter stand for trial in said court.
Section 4-A: Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same that all prose cutions in criminal cases instituted in the Civil Court of DeKalb County shall be by written accusation made by the solicitor or an assistant solicitor, based upon affidavit setting forth plainly the offense charged in terms of the law, upon which shall be entered the name of the prosecutor, if any, but the solicitor or assistant solicitor, in his discretion, may make such accusation and proceed to trial thereon without an affidavit as the basis therefor.
Section 5-A: Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that there shall be a solicitor for the Civil Court of DeKalb County whose duty it shall be to represent the State in all prosecutions pending therein and all matters in which it is the duty of the solicitor general of the superior courts of said State to represent the State. The solicitor of the City Court of Decatur at the time of the effective date of this Act, shall serve as solicitor of this court until the 31st day of December, 1958. His successor shall be elected in the general electo be held in November, 1958, for a term of four years, beginning on January 1, 1959, and each four years thereafter. The salary of the solicitor of the Civil Court of DeKalb County shall be $8,000.00 per annum, payable monthly out of the county treasury as an ex pense of the court. Said salary shall be in lieu of any and all fees of said solicitor as provided by law. The solicitor of the Civil Court of DeKalb County shall have been a resident and elector of DeKalb County, Georgia, for at least one year immediately preceding his election or appointment, and shall have been engaged in the practice of law at least three years next preceding his election or appointment hereunder and shall be at least twenty-five years of age.
Section 6-A: Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that there shall be an assistant solicitor of the Civil Court of DeKalb County. Such office shall be filled by the present assistant solicitor of the City Court of Decatur at the time of the effective date of this Act, who shall serve until his successor shall have been chosen in the manner herein provided. The assistant solicitor of such court shall be nomi nated by the solicitor of said court, subject to the approval of the judges thereof. He may be removed by the concurrent action of the judges and solicitor. The salary of the assistant solicitor shall be $6,300.00 per annum, payable monthly out of the county treasury as an expense of the court. The qualifications for the office of assistant solicitor shall be the same as those of the solicitor of such court.
FRIDAY, FEBRUARY 17, 1956
1299
Section 7-A. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, that proceed ings in criminal cases in said court after accusation shall conform to rules governing like proceedings in the superior court, except that the jury in said court shall consist of five jurors to be stricken alternately by the defendant and State from a panel of twelve. The defendant shall be entitled to four strikes and the State shall be entitled to three strikes. The remaining jurors shall compose the jury.
Section 8-A: Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that said court is empowered to issue bench warrants for the arrest of offenders, to accept pleas of guilty and pass sentence in term time or vacation. The court is further authorized to pass upon all questions of law and of fact in cases where trial by jury is waived by the defendant and to try such non-jury cases in term time or vacation.
"Section 9-A: Be it further enacted by the authority afore said, and it is hereby enacted by authority of the same, that it shall be the duty of the sheriff of DeKalb County to require and approve appearance bonds returnable to the Civil Court of DeKalb County in all criminal cases over which said court has jurisdiction. It shall further be the duty of said sheriff to transport persons confined to jail to and from such court when required by the judges or the solicitor thereof. The sheriff is also required to furnish to said court a sufficient number of bailiffs to attend such court when in session, the number of bailiffs to be approved by the judges of said Civil Court of DeKalb County.
Section 10-A: Be it further enacted by the authority afore said, and it is hereby enacted by authority of the same, that rules as to motions for new trials, appeals, writs of error and certiorari from criminal cases in such court shall be the same as in civil cases involving the sum of $300.00 or more in such court.
Section 11-A: Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of same, that except as other wise provided herein, the statutes and rules in force in the superior courts of this State in so far as applicable to this Court are hereby conferred on such court including the power to forfeit bonds, recog nizances or other obligations returnable to said court.
Section 12-A: Be it further enacted by the authority afore said, and it is hereby enacted by authority of the same, that fees and costs charged in criminal cases in the Civil Court of DeKalb County shall be the same as those charged in the Superior Courts of this State in misdemeanor cases. All costs, fines and forfeitures in such court shall be paid to the clerk of such court and shall be paid into the county treasury by said clerk as is now provided by law.
Section 13-A: Be it further enacted by the authority afore said, and it is hereby enacted by authority of the same, that each of the judges of the Civil Court of DeKalb County shall have all the powers, jurisdiction, duties, qualifications and dignity of the present judge of said court, and shall receive as compensation the sum of Ten Thousand ($10,000.00) Dollars each per annum from the ef-
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fective date of this Act to be paid monthly out of the County Treasury.
Section 14-A: Be it further enacted by the authority afore said, and it is hereby enacted by authority of the same, that in all matters relating to the matters of fixing, arranging for and dis posing of the business of such court and making appointments as authorized by law, where the judges thereof cannot agree or shall differ, the opinion or order of the judge senior in term of service as judge of the Civil Court of DeKalb County shall control; provided, however, that in the event both of said judges were elected at the same time and neither of said judges be senior in term of service, the judge receiving the greater number of votes in the election shall be deemed the senior judge.
Section 15-A: Be it further enacted by the authority afore said, and it is hereby enacted by authority of the same, that the governing authority of DeKalb County is hereby fully authorized and empowered to provide suitable court rooms, jury rooms and chambers for each of the judges of said court and upon the recom mendation of both judges, the same shall be provided.
Section 16A: Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that all judges, solicitors and employees of the Civil Court of DeKalb County are hereby declared to be ex-officio judges, solicitors and employees of a city court of said State and county and as such, shall be eligible to make such contributions and to receive such benefits as are de scribed in the Act establishing the employees' retirement system for the State of Georgia as amended.
Section 17-A: Be it further enacted by the authority afore said, and it is hereby enacted by authority of the same, that the solicitor of the Civil Court of DeKalb County in his capacity as ex-officio solicitor of the city court shall have all the rights and powers to serve on lunacy commissions as provided in Section 49-604 of the Code of Georgia as amended."
SECTION 3.
Should any court of this State declare any section or clause of this Act unconstitutional or invalid for any cause or reason, then such deci sion shall affect only that section or clause so declared to be unconsti tutional or invalid and shall not affect any other section, clause or part of this Act.
SECTION 4.
This Act is passed subject to the abolition of the City Court of Decatur in a referendum to be held for such purpose in DeKalb County, Georgia, on the 16th day of May, 1956. Should the voters of DeKalb County vote to abolish said City Court of Decatur in said referendum, then the provisions of this Act shall become effective on the effective date of the said Act abolishing the City Court of Decatur, to-wit; on the expiration of the term of the incumbent Judge of the City Court of Decatur on December 31, 1958, or upon the occurrence of a vacancy in the office of Judge of the City Court of Decatur, whichever event shall
FRIDAY, FEBRUARY 17, 1956
1301
first occur. Should the voters of DeKalb County fail or refuse to abolish said City Court of Decatur in said referendum, this Act shall be void and of no force and effect.
SECTION 5.
Notice of the intention to apply for the passage of this local Bill has been published in the newspaper in which sheriff's advertisements for DeKalb County are published, namely The DeKalb New Era, once a week for three weeks during a period of sixty days immediately pre ceding 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 6.
All laws and parts of laws in conflict with the provisions of this Act are hereby repealed.
Mr. McWhorter of DeKalb moved that the House agree to the Senate Sub stitute to HB 460.
On the motion to agree, the ayes were 103, nays 0.
The Senate Substitute was agreed to.
HB 458. By Messrs. Mackay, Rutland, and McWhorter of DeKalb:
A Bill to be entitled an Act to repeal an Act to create and establish the City Court of Decatur; and for other purposes.
The following Senate amendment was read:
County and Municipal Government Committee moves to amend HB 458 as follows:
1.
By striking Section 3 thereof in its entirety, and by substituting in lieu thereof a new Section 3 to read as follows:
"Section 3. Should a majority of the voters voting in the referendum election provided for in Section 2 of this Act vote in favor of abolishing the City Court of Decatur, as provided in said section, this Act shall become effective on and after the expiration of the present term of office of the Judge of said Court on December 31, 1958, or upon the occurrence of a vacancy in the office of Judge of said Court, whichever such event shall first occur."
2.
By adding in the caption of said Bill between the words "to provide an effective date of this Act;" and the words "to provide for a referen dum on the question" the following words and symbols:
"to provide for transfer of all civil cases, and books and papers
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pertaining to same from the City Court of Decatur to the Superior Court of DeKalb County on the effective date of this Act;"
3.
By adding a new section to said Bill to be known as Section 3-A and to read as follows:
Section 3-A. All civil cases and all civil business pending in the said City Court of Decatur on the effective date of this Act are hereby transferred to the Superior Court of DeKalb County. All civil processes, mesne and final, returnable to said City Court of Decatur shall, on and after the effective date of this Act be return able to the Superior Court of DeKalb County. All books and papers attaching to such civil actions shall be transferred to the appropriate officers of the Superior Court of DeKalb County and in all other respects the Superior Court of DeKalb County shall on and after the effective date of this Act stand substituted for the said City Court of Decatur in civil matters of every kind and nature, and all sub sequent proceedings shall be the same as though such cases had been originally filed in the Superior Court of DeKalb County."
Mr. McWhorter of DeKalb moved that the House agree to the Senate amend ment to HB 458.
On the motion to agree, the ayes were 103, nays 0.
The Senate amendment was agreed to.
HB 246. By Messrs. McWhorter, Rutland and Maekay of DeKalb:
A Bill to be entitled an Act to fix, prescribe and establish compensation or salaries of the Elective County Officials of DeKalb County; and for other purposes.
The following Senate amendment was read: The County and Municipal Government Committees moves to amend
HB 246 as follows: By inserting the following figures in Section 3 of said Bill: Opposite Ordinary of DeKalb County ----._.---,,.__---_._.._._ 9,500.00 Opposite Clerk of the Superior Court ,,--._--.-_..--._---..--._.. 11,000.00 Opposite Sheriff of DeKalb County _,,__,,__.._--__....__._.. 9,500.00 Opposite Tax Commissioner of DeKalb County _._,,_.--.._ 11,500.00
Mr. McWhorter of DeKalb moved that the House agree to the Senate amend ment to HB 246.
On the motion to agree, the ayes were 103, nays 0.
The Senate amendment was agreed to.
FRIDAY, FEBRUARY 17, 1956
1303
HB 97. 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 97 by adding a new section to be known as Section 2A and reading as follows:
Effective as of February 1,1956, the salary of the General Manager of Parks shall be nine thousand, nine-hundred and fifty dollars, subject to uniform increases and decreases as approved by mayor and board of Aldermen.
Mr. Smith of Fulton moved that the House agree to the Senate amendment to HB 97.
On the motion to agree, the ayes were 103, nays 0.
The Senate amendment was agreed to.
HB 414. By Messrs. Floyd and Weems of Chattooga:
A Bill to be entitled an Act to repeal an Act creating a Board of Com missioners of Roads and Revenues of Chattooga Coutny; and for other purposes.
The following Senate amendment was read:
Senator Davis of the 42nd moves to amend HB 414, as follows:
By adding in Section 16, before the sentence "It shall be the duty of the Ordinary to hold and conduct such election.", the sentence "The expense of such election shall be borne by Chattooga County."
Mr. Floyd of Chattooga moved that the House agree to the Senate amendment to HB 414.
On the motion to agree, the ayes were 103, nays 0.
The Senate amendment was agreed to.
HB 348. By Mr. Dean of Rockdale:
A Bill to be entitled an Act to provide for the appointment of an assist ant Solicitor General in Judicial Circuits having two or more Judges of Superior Courts in such circuit; and for other purposes.
The following Senate amendment was read:
The Committee on Judiciary moves to amend HB 348 by adding at the end of Section 4, the following: "Nor to any Circuit which during the calendar year 1955 had only one Judge at the 1956 session or any subse quent session of the General Assembly.
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Mr. Dean of Rockdale moved that the House agree to the Senate amendment to HB 348.
On the motion to agree, the ayes were 103, nays 0.
The Senate amendment was agreed to.
HB 351. By Mr. Bentley of Cobb:
A Bill to be entitled an Act to provide that a parent or guardian shall be liable for the wilful and wanton torts of his minor child; and for other purposes.
The following Senate amendment was read:
Senator Millican of the 52nd moves to amend HB 351, Section 1, line 2 by striking the word "sixteen" and inserting "seventeen".
Further amend by striking word "sixteen" in line 3 of Caption and inserting word "seventeen".
Mr. Bentley of Cobb moved that the House agree to the Senate amendment to HB 351.
On the motion to agree, 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 Barker Baughman Bentley Birdsong Black Blackburn Blalock Bloodworth Bolton Callier Campbell Carlisle Cason Gates Chambers Chastain Cloud Cocke Coker of Cherokee Coxwell Deal Dean of Rockdale Deen of Bacon
Denmark Denson Dozier Duke Elder English Foster Fowler of Douglas Fowler of Tift Frier Garrard Gilleland Greene of Crisp Grimsley Groover Gross of Dade Hardaway Harrison of Wayne Hawkins Hayes Henderson Hogan Houston Huddleston Hudson Hurst Ivey
Jackson Jessup Johnson of Jenkins Jones of Laurens Jones of Sumter Kelley Key King of Whitfield King of Chattahoochee King of Pike Larkins Lindsey Lokey Long Mashburn Matheson of Hart Matliis of Lowndes Matthews McCracken McGarity Mincy Mobley Moore Moorman Murr Musgrove Nightingale
FRIDAY, FEBRUARY 17, 1956
1305
Nilan Palmer Peacock Pelham Peters Pettey Phillips of Columbia Phillips of Walton Pickard Potts Raulerson Ray Reed
Register Rodgers Sanders Short Smith of Evans Hoke Smith of Fulton M. M. Smith of Fulton Souter Stephens of Clarke Stevens of Marion Strickland Tamplin Tarpley
Todd Truelove Turk Twitty Upshaw Veal Watson Weems Willingham Wilson of Towns Wilson of Peach Wooten Young
On the motion to agree, the ayes were 120, nays 0.
The Senate amendment was agreed to.
HB 527. By Messrs. Barber and Short of Colquitt:
A Bill to be entitled an Act to amend the Charter of the City of Moultrie; and for other purposes.
The following Senate amendment was read:
Senator Matthews of the 47th moves to amend HB 527 by striking Sections 25 and 25A in their entirety from the Bill, and renumbering the following sections accordingly.
Mr. Barber of Colquitt moves that the House agree to the Senate amendment to HB 527.
On the motion to agree, the ayes were 103, nays 0.
The Senate amendment was agreed to.
HB 545. By Mr. Lokey of Fulton:
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 all officers and employees of such cities; and for other purposes.
The following Senate amendment was read:
Senator Millican of the 52nd moves to amend HB 545 (General Employees Pension Act), by adding thereto, immediately preceding the repealing section thereof, the following section to be appropriately num bered and the repealing section to be re-numbered so that the numbers shall be consecutive:
Section 2A. In addition to the fund derived from salaries and wages as required by the terms of this Act, as amended, or as may hereafter be amended, it shall be the duty of the Board of Education of such city to appropriate and pay into the pension fund established by this Act, an amount which shall equal the total amount of deductions
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from the salaries and wages paid to officers and employees of said board. Should said fund at any time be insufficient to meet and pay the pensions due to such officers and employees such Board of Education shall appro priate from current funds sufficient amounts to make up the deficiency as it relates to such officers and employees. The provisions of this Sec tion shall be effective January 1, 1957.
Mr. M. Smith of Pulton moved that the House agree to the Senate amendment to HB 545.
On the motion to agree, the ayes were 103, nays 0.
The Senate amendment was agreed to.
HB 566. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A Bill to be entitled an Act to create the office of Director of Public Safety in all counties having a population of 300,000 or more; and for other purposes.
The following Senate amendment was read:
Senator Millican of the 52nd moves to me and HB 566 by striking therefrom Section 6 and substituting in lieu thereof the following to be known as Section 6:
"Be it further enacted that the Director of Public Safety shall receive as compensation $6,000.00 per annum payable in equal monthly installments subject to increases or decreases by the County Commissioners of such Counties who are hereby vested with au thority to increase or decrease said salary at any time subject only to the provisions of any budget control and the availability of funds with which to pay any increase in salary. The said Director of Public Safety shall not be subject to any civil service or tenure laws which may exist affecting any County".
Mr. M. Smith of Fulton moved that the House agree to the Senate amendment to HB 566.
On the motion to agree, the ayes were 103, nays 0.
The Senate amendment was agreed to.
HB 266. By Mr. Groover of Bibb:
A Bill to be entitled an Act to provide for the partial abatement of the gross premium tax levied against insurance companies, and for other purposes.
The following Senate amendment was read:
The Committee on Industry and Labor moves to amend HB 266, by deleting the following phrase from Item (8) of Section 1 of said Bill, "other than money and bank deposits", so that said Item "8" of Section 1 when so amended shall read as follows:
FRIDAY, FEBRUARY 17, 1956
1307
"(8) intangible property having a taxable situs in this State;"
Mr. Groover of Bibb moved that the House agree to the Senate amendment to HB 266.
On the motion to agree, the ayes were 106, nays 0.
The Senate amendment was agreed to.
HB 207. By Messrs. Groover of Bibb, Chastain of Thomas, and others:
A Bill to be entitled an Act to provide for a physical examination as a prerequisite for employment by the State; and for other purposes.
The following Senate amendments were read:
The Committee amends as follows:
By Deleting Section 5 in its entirety and substitute the following:
Section 5--The State Personnel Board is hereby authorized to pro mulgate reasonable rules and regulations not inconsistent with the pro visions of this Act nor with public health practice concerning such phy sical examinations.
The Committee amends as follows:
Delete Section 4 and substitute as follows:
Section 4.
The examining physician shall make a report in triplicate certifying that he has examined the applicant and whether or not found any dis ability that would impair the fulfillment of the prescribed duties of his employment. Additional confidential medical information should be given only with the consent of the applicant. The examining physician shall furnish the person examined one copy, the department or agency head one copy and shall furnish one copy to the State Personnel Board. Such report shall be made a part of the employment record of the Applicant.
Mr. Groover of Bibb moved that the House agree to the Senate amendment to HB 207.
On the motion to agree, the ayes were 114, nays 0.
The Senate amendments were agreed to.
Under the regular order of business, the following Resolution of the Senate was taken up for consideration and read the third time:
SR 23. By Senator Page of the 1st:
A Resolution granting to the United States of America a spoilage ease ment to Barnwell Island, to facilitate development of Savannah Harbor; and for other purposes.
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The report of the committee which was favorable to the adoption of the Reso lution, was agreed to.
On the adoption of the Resolution, the ayes were 104, nays 3.
The Resolution, having received the requisite constitutional majority, was adopted.
Under the regular order of business, the following Bill of the Senate was again taken up for consideration:
SB 32. By Senator Overby of the 33rd:
A Bill to be entitled an Act to regulate the sanitary conditions of meat, poultry and dairy processing plants; and for other purposes.
An amendment offered by Mr. Sanders of Richmond 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 108, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Under the regular order of business, the following Bills and Resolution of the Senate were taken up for consideration and read the third time:
SB 71. By Senators Millican of the 52nd, Hollis of the 24th, and Lovett of the 16th:
A Bill to be entitled an Act to require all fees paid to departments or agencies of the State of Georgia, except those paid to the common schools or the institutions of the University System, to be paid into the State 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 113, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 107. By Senator Millican of the 52nd:
A Bill to be entitled an Act to authorize the transfer to Milledgeville State Hospital without formal commitment of persons enrolled in the Georgia Training School for Mental Defectives; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
FRIDAY, FEBRUARY 17, 1956
1309
On the passage of the Bill, the ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 108. By Senators Hollis of the 24th, Lovett of the 16th, and Millican of the 52nd:
A Bill to be entitled an Act to prohibit officers and departments of State Government from spending budgeted funds for any purpose other than the one for which the fund was allocated; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 109. By Senators Hollis of the 24th, Millican of the 52nd, and Lovett of the 16th:
A Bill to be entitled an Act to direct the Commissioner of Agriculture to evaluate each of the present farmer's markets that are being operated by the State and to determine whether any one or more of them should be closed; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 110. By Senators Millican of the 52nd, Hollis of the 24th, and Lovett of the 16th:
A Bill to be entitled an Act to amend an Act creating the State Board of Corrections as to the requirement of a formal adjudication of mental disease before a prisoner is transferred to 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 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 133. By Senators Millican of the 52nd, Lovett of the 16th, and Hollis of the 24th:
A Bill to be entitled an Act to amend the Act creating the Department of
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Public Safety for Georgia by changing the duties of the Georgia State Patrol; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SR 17. By Senator Chance of the 51st:
A Resolution to officially designate the name for a bridge over Savage Creek on the highway between Tarversville, Twiggs County, Georgia, and Bonaire, Houston County, Georgia, as the "General. Ezekiel Wimberly Bridge."
The report of the committee which was favorable to the adoption of the Reso lution, 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.
SB 14. By Senators Harper of the 26th, Brooks of the 50th, Turner of the 34th, and Ursrey of the 54th:
A Bill to be entitled an Act to create certain regulations concerning in surance companies which sell accident and sickness and hospitalization insurance; and for other purposes.
The following Committee Substitute was read and adopted:
A BILL
To be entitled an Act to create certain regulations concerning in surance companies which sell accident, sickness or hospitalization in surance; to provide for defining the terms used in this Act; to provide for explanatory words on insurance policy delivery envelopes; to provide for refund of initial premiums upon request within ten (10) days; to provide for outline of benefits applied for; to provide for certain refunds of premiums on optional renewable and cancellable policies; to provide for certain explanatory words on either optional renewable and can cellable or non-cancellable and guaranteed renewable policies; to provide for an incontestability clause in certain policies; to provide for exclu sion of companies operating under Sections 99-1001 through 99-1021 inclusive, and Sections 99-1001-A through 99-1031-A inclusive, and cer tain other exclusions; to provide for filing policies with the Insurance Commissioner; 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:
FRIDAY, FEBRUARY 17, 1956
1311
SECTION 1.
For the purpose of this Act and except as set forth in Section 10 hereof, the term "accident, sickness or hospitalization insurance" means individual policies and family-group policies which provide insurance against loss resulting from sickness or bodily injury or death by acci dent, or both. The term "monies paid" as used herein shall mean appli cation fees, premiums or anything of monetary value paid to a company or its agent as consideration for the acceptance of an application for insurance or the continuing of a contract of insurance in force issued by an insurance company doing business under this Act. The term "company" as used herein shall include any company writing accident, sickness and hospitalization insurance within the State of Georgia.
SECTION 2.
Every company authorized to write accident, sickness or hospitali zation insurance business in the State of Georgia shall provide a delivery envelope for the delivery of such policies issued to Georgia residents on which envelope shall be printed or stamped across face thereof in bold type and red ink: "IMPORTANT INSURANCE POLICY--PLEASE READ."
SECTION S.
Every company authorized to write accident, sickness or hospitaliza tion insurance in the State of Georgia shall be required on such policies issued to residents of Georgia to refund all monies paid if within ten days after the delivery of a sickness, accident or hospitalization policy the insured returns said policy to the company or an authorized repre sentative thereof and requests such refund. Each such policy shall have printed thereon or enclosed therewith a notice stating in substance that such a refund will be made upon request.
SECTION 4.
Every company authorized to write accident, sickness or hospitaliza tion insurance in the State of Georgia shall furnish to any applicant for such insurance residing in the State of Georgia a written outline showing the major coverage of the policy applied for, the major exclusions of the policy applied for, the renewal provisions of the policy applied for, and a reference to the policy as respects further provisions. Such written outline shall be given to the applicant at the time of signing the appli cation for such policy and the forms of such outlines shall be subject to the same requirements for filing and approval as are set forth for the filing and approval of policy forms in Section 12 hereof.
SECTION 5.
Every company authorized to write accident, sickness or hospitaliza tion insurance in the State of Georgia issuing such policies renewable at the option of the company or such policies cancellable at the option of the company to residents of the State of Georgia shall not decline to accept timely payments of renewal premiums thereon or exercise their optional right to cancel unless such company shall tender to the premium payor 75% of the difference between the monies paid and the claims
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benefits received in cases where the amount of premiums exceed the amount of claims benefits received. The requirements of this Section shall not apply to cancellation of such policies or refusal to accept re newal premiums for such policies when the policyholder reaches the age limit set forth in the policy or in the company's schedule of premium rates on file with the Georgia Insurance Department, such age limit in any event to be not less than age 60; nor, in the case of accident and sickness policies only, shall this Section apply to cancellation or refusal to accept renewal premiums because of change in occupation of the policyholder to an occupation generally classified by the company as to all applicants as uninsurable.
SECTION 6.
Every company authorized to write accident, sickness or hospitalization insurance in the State of Georgia issuing to residents of the State of Georgia such policies cancellable or renewable at the option of the company shall print on either the top or the bottom of the first page and on the filing back of such policies in bold face type the following words or words of similar import not less favorable to the policyholder, "Cancellable at the option of the company", or "Renewable at the option of the company", as the case may be. If the policy contains a brief description this provision shall also be incorporated therein.
SECTION 7.
Every company authorized to write accident, sickness or hospitalization insurance in the State of Georgia shall include in such policies in a provision thereof or in an endorsement thereon or in a rider attached thereto a statement as follows, or a statement of substantially similar wording but which is not less favorable to the policyholder: "INCON TESTABLE PROVISION, (a) After 2 years from the policy date no misstatements except fraudulent misstatements made by the applicant in the application for this policy shall be used to void this policy or to deny a claim for loss of time (as defined in the policy) commencing or other loss incurred after the expiration of such 2 year period, (b) No claim for loss of time (as defined in the policy) commencing or other loss incurred after 2 years from the policy date shall be reduced or denied on the grounds that a disease or physical condition not excluded from coverage by name or specific description, effective on the date of loss had existed prior to the effective date of coverage of this policy."
SECTION 8.
Every company authorized to write accident, sickness or hospitalization insurance in the State of Georgia and issuing such policies in the State of Georgia represented to be non-cancellable and guaranteed re newable shall include therein a statement as follows, or a statement of substantially similar wording but which is not less favorable to the policyholder: "This policy may be maintained in force by the insured upon timely payment of premiums to age 60." In all advertising of such policies, the maximum age to which the policy is non-cancellable or guaranteed renewable, must be stated.
FRIDAY, FEBRUARY 17, 19S6
1313
SECTION 9.
Every company authorized to write accident, sickness or hospitalization insurance in the State of Georgia issuing such policies of accident, sickness or hospitalization insurance in the State of Georgia in which the company reserves the right to refuse to renew or to cancel the policy except for non-payment of premiums when due shall provide, in sub stance, in such policies, in a provision thereof or in an endorsement thereon or in a rider attached thereto, that the company may not refuse timely renewal of the policy except at the renewal date occurring on or after and nearest to each anniversary date thereof or in the case of lapse and reinstatement at the renewal date occurring on or after and nearest to each anniversary date of the last reinstatement. Except for non payment of premium, the company shall give to the policyholder not less than 30 days written notice of its intention to cancel or to refuse to accept renewal premium.
SECTION 10.
Nothing in this Act shall apply to or affect (1) any policy of work men's compensation insurance or any policy or liability insurance with or without supplementary expense coverage therein; or (2) any policy or contract of re-insurance; or (3) any policy, the renewal of which is subject to continuation of employment with a specified employer, or any blanket or group policy of insurance, or any policy issued pursuant to the exercise of conversion privileges provided for in group insurance policies; or (4) life insurance, endowment or annuity contracts, or con tracts supplemental thereto which contain only such provisions relating to accident and sickness insurance as (a) provide additional benefits in case of death or dismemberment or loss of sight by accident, or as (b) operate to safeguard such contracts against lapse, or to give a special surrender value or special benefit or an annuity in the event that the insured or annuitant shall become totally and permanently disabled, as defined by the contract or supplemental contract; or to any policy of accident, sickness or hospitalization insurance issued prior to the effec tive date of this Act.
SECTION II.
The provisions of this Act shall not apply to companies, organiza tions or associations operating under Section 99-1001 through 99-1021 inclusive and Sections 99-1001-A through 99-1031-A inclusive of the Code of the State of Georgia.
SECTION 12.
No individual or family group policy of accident, sickness or hos pitalization insurance may be issued for delivery in the State of Georgia until a copy of such policy has been filed with and approved by the Insurance Commissioner of Georgia. The Commissioner shall approve or disapprove the form of such policies not later than 30 days after such policy forms are filed, otherwise such policies shall be deemed to be approved. If disapproved, the Commissioner shall notify the company submitting such policy forms, in writing, stating the reasons for such disapproval. The Commissioner may withdraw approval of a policy form previously approved, after formal hearing, notice of which hearing
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shall be given to the company in writing at least 20 days in advance.
The action of the Commissioner in approving, disapproving or with
drawing approval of any such policy form may be reviewed by certiorari
to the Superior Court of Fulton County, Georgia, as in other cases pro
vided by law.
^
Any policy which by its terms otherwise may be approved for issue in the State of Georgia may be brought into conformity with the re quirements of this Act by rider or endorsement.
SECTION 13.
Any person, association, company or corporation violating any of the provisions of this Act shall be deemed guilty of a misdemeanor.
SECTION 14. If any part or parts of this Act shall be held to be unconstitutional, such unconstitutionality shall not effect the validity of the remaining parts of this Act. The Legislature hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts thereof would be declared unconstitutional.
SECTION 15.
The provisions of this Act shall become effective July 1, 1956.
SECTION 16.
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 126, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Under the regular order of business, the following Bill of the Senate was again taken up for consideration:
SB 120. By Senators Steis of the 25th and Kicketson of the 19th:
A Bill to be entitled an Act to provide for the issuance of automobile license tags to disabled veterans; and for other purposes.
The following amendment was read and adopted:
Mr. Floyd of Chattooga moves to amend SB 120 by striking the word in line 7 of Section 1 after the word "proof of ownership of an automobile which he is operating or owning as a disabled veteran and which has initially been furnished him free of charge by the United States Government." and by inserting in lieu thereof the words "that
FRIDAY, FEBRUARY 17, 1956
1315
he has been furnished an automobile free of charge by the United States Government".
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.
Under the regular order of business, the following Bills of the Senate were taken up for consideration and read the third time:
SB 158. By Senator Richardson of the 13th:
A Bill to be entitled an Act to provide for the licening and bonding of dealers in agricultural products; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 88. By Senators Davis of the 42nd, Hollis of the 24th, and Overby of the 33rd:
A Bill to be entitled an Act to amend the Code of Georgia to provide for hearings regarding disagreements in connection with Workmen's com pensation; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 124, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Nightingale of Glynn moved that the following Bill of the House be taken from the table:
SB 31. By Senators McDonald of the 43rd, Dews of the 9th, Matthews of the 47th, Jones of the 23rd, Waters of the 41st, and others:
A Bill to be entitled an Act to provide for municipal home rule; and for other purposes.
On the motion to take from the table, Mr. Nightingale of Glynn moved the ayes and nays and the call was sustained.
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JOURNAL OF THE HOUSE,
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alien Avers Barber of Jackson Bentley Bolton Campbell Carlisle Chambers Cheatham Coker of Cherokee Deal Dean of Rockdale Deen of Bacon Denson Elder English
Eyler Fain Floyd Fordham Fowler of Douglas Freeman Gilleland Green of Rabun Greene of Crisp Grimsley
Gross of Stephens Gunter Henderson Hendrix Holley Houston Huddleston Jackson Jones of Sumter Kennedy of Tattnall Killian Killingsworth King of Whitfield Lam Lanier Lindsey Long Love Mallory Mathis of Lowndes Matthews McGarity McKenna McWhorter Moore Murphey of Haralson
Murr Musgrove Nightingale Nilan Palmer Parker Potts Reed Register Rodgers Sanders Scoggin Singer Smith of Evans M. M. Smith of Fulton Sognier Stevens of Marion Strickland Stripling Tarpley Todd Underwood of Bartow Watson Weems Wooten Wright
Those voting in the negative were Messrs.:
Adams Barber of Colquitt Barker Baughman Birdsong Black Blackburn Blalock Bloodworth Brown Callier Cason Cheek Clary Coker of Cherokee Cornelius
Cotton Coxwell Drinkard Duncan Flynt Foster
Frier Garrard Gillis Gross of Dade Hardaway Harrell Harrison of Wayne Hawkins Hogan Hudson Jessup Johnson of Jenkins Jones of Worth Jones of Laurens Jordan Kennedy of Turner Key Kilgore King of Chattahoochee Kitchens Land Larkins
Lowe Mashburn
Massee Mauldin McCracken McKelvey Mincy Mobley Moorman Pelham Perkins Peters Pettey Phillips of Columbia
Raulerson Ray Roughton Rowland Smith of Evans Hoke Smith of Fulton
Souter Stewart
FRIDAY, FEBRUARY 17, 1956
1317
Turk Twitty Underwood of
Montgomery Upshaw Veal
Wheeler Willingham Wilson of Peach
On the motion to take from the table, the ayes were 78, nays 74.
The motion prevailed, and the Bill was taken from the table.
Under the regular order of business, the following Bill of the Senate was taken up for consideration and read the third time:
SB 45. By Senators Wilkins of the 44th, Matthews of the 47th, Dean of the 40th, and Jones of the 23rd:
A Bill to be entitled an Act to make it unlawful to park or leave un attended, any vehicle upon the right-of-way of any State Highway for over forty-eight hours; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The following 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 108. 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, providing that the Mayor and Board of Alder men shall have full and complete power to sell or lease certain property; and for other purposes.
HB 314. By Messrs. Kilgore and Kelley of Gwinnett:
A Bill to be entitled an Act to create a new municipality in Gwinnett County, Georgia to be known as the City of Berkeley Lake; and for other purposes.
HB 412. By Messrs. Floyd and Weems of Chattooga:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues of Chattooga County; and for other purposes.
HB 452. By Mr. Pettey of Pulaski:
A Bill to be entitled an Act to amend an Act creating the office of Com-
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JOURNAL OP THE HOUSE,
missioner of Roads and Revenues of Pulaski County; and for other purposes.
HB 453. By Mr. Singer of Stewart:
A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Richmond; and for other purposes.
HB 459. By Messrs. Mackay, Rutland and McWhorter of DeKalb and Ivey of Newton:
A Bill to be entitled an Act to add one additional Judge of the Superior Courts for the Stone Mountain Circuit; and for other purposes.
HB 506. 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, relocate and redefine the corporate limits of said city; and for oher purposes.
HB 509. By Mr. Land of Wilkinson:
A Bill to be entitled an Act to establish a new charter for the Town of Allentown, in the County of Wilkinson; and for other purposes.
HB 533. By Messrs. Hardaway and Peters of Meriwether:
A Bill to be entitled an Act to amend an Act entitled an Act to provide for the compensation of the Chairman and members of the Board of Commissioners of Meriwether County; and for other purposes.
HB 534. By Mr. Lokey of Fulton:
A Bill to be entitled an Act to amend an Act providing that cities having a population of 150,000 or more, shall provide pensions for members of the police department of such city; and for other purposes.
HB 535. By Messrs. Lokey and H. Smith of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, to authorize the Mayor and Board of Aldermen to sell certain described property; and for other purposes.
HB 536. By Mr. Lokey of Fulton:
A Bill to be entitled an Act to amend an Act providing that cities having a population of more than 150,000 shall provide pensions for members of the fire department of such cities; and for other purposes.
HB 537. By Mr. Lokey of Fulton:
A Bill to be entitled an Act to amend an Act entitled an Act for the Protection of the Pension rights of county employees, County School District Teachers and employees and employees of the largest city located in whole or in part in counties having a population of 300,000 or more to provide pension credits for prior service with subdivisions of govern ment; and for other purposes.
FRIDAY, FEBRUARY 17, 1956
1319
HB 539. By Mr. Truelove of White:
A Bill to be entitled an Act to amend an Act incorporating the Town of Helen, so as to change the corporate limits; and for other purposes.
HB 540. By Messrs. Sognier, Cheatham and Eyler of Chatham:
A Bill to be entitled an Act to amend the Charter of the Town of Thun derbolt; and for other purposes.
HB 546. By Messrs. Birdsong and Lam of Troup:
A Bill to be entitled an Act to incorporate and establish the city of North West Point, in the County of Troup; and for other purposes.
HB 548. By Mr. Parker of Appling:
A Bill to be entitled an Act to amend an Act establishing the City Court of Baxley; and for other purposes.
HB 553. By Mr. Wilson of Towns:
A Bill to be entitled an Act to amend, consolidate and supersede the several Acts incorporating the City of Hiawassee, in the County of Towns; and for other purposes.
HB 558. By Messrs. Lam and Birdsong of Troup:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Hogansville; and for other purposes.
HB 564. By Messrs. Groover and Carlisle of Bibb:
A Bill to be entitled an Act to amend an Act entitled "An Act to re-enact the charter of the City of Macon; and for other purposes.
HB 565. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to amend an Act incorporating the City of Adrian, and for other purposes.
HB 567. By Messrs. H. Smith, M. Smith and Lokey of Fulton:
A Bill to be entitled 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 Juve nile Court; and for other purposes.
HB 568. By Messrs. Lam and Birdsong of Troup:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Hogansville; and for other purposes.
HB 569. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to amend an Act entitled "An Act to in corporate the Town of Kite; and for other purposes."
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JOURNAL OF THE HOUSE,
HB 575. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A Bill to be entitled an Act to amend the Charter of the City of Pine Lake, in the County of DeKalb; and for other purposes.
HB 576. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide for the examination for qualified electrician, for the right to engage in said vocation in counties having a population of not less than 85,000 and not more than 90,000", and for other purposes.
HB 582. By Mr. Souter of Macon:
A Bill to be entitled an Act to supplement the fees of the Ordinary of Macon County; and for other purposes.
HB 587. 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 amend an Act entitled 'County Officers. Laws Applicable' in counties having a population of 300,000 or more," and for other purposes.
HB 594. By Mr. Willis of Thomas:
A Bill to be entitled an Act to create the office of Tax Commissioner for Thomas County; and for other purposes.
HB 597. By Mr. Todd of Glascock:
A Bill to be entitled an Act to establish a method of paying traveling expenses incurred by the Sheriff of Glascock County; and for other purposes.
HB 598. By Mr. Love of Catoosa:
A Bill to be entitled an Act to amend an Act to create and establish a new charter for the City of Ringgold; and for other purposes.
HB 599. By Mr. Love of Catoosa:
A Bill to be entitled an Act to create a Board of Utilities Commissioners for Catoosa County; and for other purposes.
HB 532. 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 as to the tax upon dealers in rimfire pistol and rifle cartridges; and for other purposes.
HB 560. By Messrs. Houston and King of Whitfield, Stripling of Coweta, Caldwell and Mallory of Upson, Harrison of Wayne and 60 others:
A Bill to be entitled an Act to provide for a change in the salaries of the officers, non-commissioned officers and troopers of the Uniform
FRIDAY, FEBRUARY 17, 1956
1321
Division of the Department of Public Safety and the members of the Georgia Bureau of Investigation; and for other purposes.
HB 580. By Messrs. Groover of Bibb, and Stripling of Coweta:
A Bill to be entitled an Act to amend an Act to amend an Act approved March 5, 1937, creating the Natural Resources Dept., and the various divisions thereof; and for other purposes.
HB 584. By Mr. Groover of Bibb:
A Bill to be entitled an Act to simplify the construction, acquisition and financing of educational and training facilities for the State by trans ferring to and conferring upon the State School Building Authority, created and operating under the State School Building Authority Act; and for other purposes.
HR 141. By Messrs. Coker of Cherokee and Mashburn of Forsyth:
A Resolution authorizing the Governor to sell certain land in Dawson and Forsyth Counties; and for other purposes.
HR 188. By Messrs. Cloud of Decatur and Harrell of Grady:
A Resolution authorizing the establishment and leasing of port facilities in Decatur County; and for other purposes.
HR 29. By Messrs. Alien and Fordham of Bulloch: A Resolution to compensate Dr. John Mooney, and for other purposes.
HR 56. By Messrs. Gunter and Williams of Hall: A Resolution to compensate Ralph Cleveland; and for other purposes.
HR 58. By Mr. Underwood of Bartow:
A Resolution to compensate Leon Lewis for damages to his farm ma chinery; and for other purposes.
HR 92. 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.
HR 103. Messrs. Hayes and Tanner of Coffee:
A Resolution to compensate Daniel H. Walker expenses for repairing automobile damaged by the Highway Department truck; and for other purposes.
HR 110. By Mr. Ivey of Newton: A Resolution to compensate Walker Harris; and for other purposes.
1322
JOURNAL OF THE HOUSE,
HR 112. By Messrs. Tanner and Hayes of Coffee: A Resolution compensating W. S. Mooneyham; and for other purposes.
HR 119. 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.
HR 125. By Mr. Murphy of Haralson:
A Resolution to compensate Preston Morris for damages to his auto mobile caused by an employee of the State Highway Department oper ating a State owned vehicle; and for other purposes.
HR 189. By Messrs. Nightingale and Killian of Glynn:
A Resolution authorizing the establishment and leasing of port facilities in Glynn County, and for other purposes.
HR 206. By Messrs. Murphy of Crawford and Cheek of Taylor:
A Resolution to designate a bridge which crosses the Flint River between Crawford and Taylor Counties as the Colonel Benjamin Hawkins Bridge; and for other purposes.
HR 209. By Messrs. Cheatham, Eyler and Sognier of Chatham:
A Resolution authorizing and directing the Governor to execute a lease in behalf of the State of Georgia of certain property conveyed to the State by Chatham County and to be used as a site for construction of an Armory for the Georgia Air National Guard with one-hundred per cent federal funds, and for other purposes.
HR 128-348f. By Mr. Eyler of Chatham:
A Resolution to provide for payment to the Quante Plumbing and Heat ing Company for damage to said company's truck; and for other pur poses.
HR 150-428d. By Mr. Matthews of Clarke:
A Resolution to compensate the B & B Beverage Company for damages to its truck when hit by a vehicle owned by the State Highway Dept.; and for other purposes.
HR 157-454d. By Messrs. Lindsey and Bolton of Spalding:
A Resolution to compensate Nolin Burl Randolph for damages; and for other purposes.
HR 158-454e. By Mr. Love of Catoosa:
A Resolution to compensate T. W. Christian of Ringgold, Georgia for damages resulting from the death of cattle; and for other purposes.
FRIDAY, FEBRUARY 17, 1956
1323
HE 165-477b. By Mr. 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.
HR 197-5311. By Messrs. Gunter and Williams of Hall: A Resolution to compensate Mrs. Ann H. Meyer; and for other purposes.
HR 198-531m. By Mr. Todd of Glascock:
A Resolution to provide for payment to Charlie B. Swint for damages to his Ford pickup truck; and for other purposes.
HR 247. By Mr. Duke of Baldwin:
A Resolution relative to compensation resolutions; and for other pur poses.
HR 151-428c. By Mr. Singer of Stewart:
A Resolution authorizing and directing the State Librarian to furnish certain law books to the Clerk of the Superior Court and the Ordinary of Stewart County; and for other purposes.
The Senate has by substitute passed by the requsite constitutional majority the following Bill of the House to wit:
HB 610. By Mr. Groover of Bibb:
A Bill to be entitled an Act to amend an Act repealing, enacting and re-enacting laws or parts of laws creating a pension system for the employees of the City of Macon by providing for the benefit, contribu tions, retirement aid; and for other purposes.
The Senate has passed as amended by the requisite constitutional majority the following Bill of the House to wit:
HB 27. By Mr. Twitty of Mitchell:
A Bill to be entitled an Act creating a board to be known as the State Board of Dispensing Opticians; 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 407. By Mr. Matthews of Clarke:
A Bill to be entitled an Act to amend an Act relating to obscene pictures and abusive language; and for other purposes.
The Senate has agreed to the House substitute to the following Bill of the Senate:
1324
JOURNAL OF THE HOUSE,
SB 141. By Senator Millican of the 52nd:
A Bill to be entitled an Act establishing a new charter for the City of Atlanta so as to create the office of "Comptroller" for the Board of Education; and for other purposes.
The Senate has agreed to the House amendments to the following Bills and Resolutions of the Senate:
SB 123. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act establishing the Criminal Court of Atlanta so as to require the Solicitor General of said Court to maintain a docket on which he shall enter all commitments made to said court from any magistrate, justice, recorders, municipal or civil court, or any other inferior court of said county, having committing powers; and for other purposes.
SR 42. By Senator Millican of the 52nd:
A Resolution proposing to the people of Georgia, for ratification or rejection, an amendment to Article VII of the Constitution of Georgia of 1945, authorizing the City of Atlanta to incur indebtedness for school purposes.
The Senate has passed by the requisite constitutional majority the following Bills of the House to wit:
HB 335. By Messrs. Floyd and Weems of Chattooga, Perkins of Carroll, Mauldin of Gordon, and Deen of Bacon:
A Bill to be entitled an Act to amend an Act providing for an integrated Veterans Service of Georgia and creating a State Department of Vet erans Service, so as to provide for the compensation of the members of the State Board of Veterans Service; and for other purposes.
HB 352. By Messrs. Bentley of Cobb, M. Smith of Fulton and Scoggin of Floyd:
A Bill to be entitled an Act to amend an Act entitled "An Act to amend and revise the adoption laws now set forth in Chapter 74-4 of the Code of Georgia of 1933; and for other purposes.
HB 393. By Messrs. Groover of Bibb, Floyd of Chattooga, Campbell of Walker and others:
A Bill to be entitled an Act to amend an Act entitled "Public Safety De partment Act", so as to change the amount of the fee required for the issuance of a duplicate license; and for other purposes.
HB 433. By Messrs. Freeman of Monroe and Blackburn of Habersham:
A Bill to be entitled an Act to amend an Act relating to the powers, duties and suspension of the County Superintendent of Schools; and for other purposes.
PEIDAY, FEBEUARY 17, 1956
1325
HB 434. By Messrs. Freeman of Monroe and Blackburn of Habersham:
A Bill to be entitled an Act to amend an Act, relating to the removal of a county superintendent of schools from office; and for other purposes.
HB 449. By Messrs. Matthews of Clarke and Bolton of Spalding:
A Bill to be entitled an Act to amend an Act relating to the granting of divorces; and for other purposes.
HB 448. By Messrs. Matthews of Clarke and Bolton of Spalding:
A Bill to be entitled an Act to amend an Act relating to the relief of disabilities, so as to provide that the notice of applixation to remove disabilities shall be published once a week for four weeks next preceding the term of court at which the marital disabilities are removed; and for other purposes.
HB 482. By Messrs. Groover of Bibb and Bodenhamer of Tift:
A Bill to be entitled an Act to repeal an Act of the General Assembly of 1943 entitled: "An Act to authorize and direct the Governor to appoint an advisory committee in each county in which a State Park is located and operated, and for other purposes." (Ga. Laws 1943, p. 223); and for other purposes.
HB 501. By Messrs. Blalock of Clayton and Scoggin of Floyd:
A Bill to be entitled an Act to amend an Act to provide for fixing the salary of the Director of the State Board of Social Security at Ten Thousand per annum; 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 244. By Messrs. Mackay, McWhorter and Rutland of DeKalb:
A Bill to be entitled an Act to enable DeKalb County to establish a planning commission and to enable the several municipalities lying wholly within the limits of DeKalb County to establish joint planning commissions; and for other purposes.
HB 341. 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 carry into effect in the City of Atlanta the provisions of an amendment to the Constitution relating to the abolition of Justice Courts and the Office of Justice of the Peace in certain cities; and for other purposes.
HB 577. By Messrs. Mackay, Rutland and McWhorter of DeKalb:
A Bill to be entitled an Act to amend an Act entitled "An Act to create and establish the City Court of Decatur; and for other purposes.
1326
JOURNAL OP THE HOUSE,
HE 83-314h. By Messrs. Register and Mathis of Lowndes:
A Resolution proposing an amendment to the Constitution so as to provide for the election of members of the Lowndes County Board of Education by the people; and for other purposes.
HB 465. By Mr. Bagby of Paulding:
A Bill to be entitled an Act to amend the several Acts incorporating the the City of Dallas; and for other purposes.
HB 544. By Messrs. H. Smith and Lokey of Fulton:
A Bill to be entitled an Act to amend an Act creating a Joint CityCounty Board of Tax Assessors in all counties having within its borders all or the greater part of the population of 300,000 or more; and for other purposes.
HB 615. By Mr. Harrison of Wayne:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Jasper; and for other purposes.
SR 54. By Senators Millican of the 52nd and Overby of the 33rd:
A Resolution authorizing the Lieutenant Governor appoint a committee to work with the Governor, Secretary of State and State Auditor in planning committee rooms and offices on the third floor of the State Capitol.
The Senate has adopted the report of the Committee on Conference on the following Bill of the Senate:
SB 30. By Senator Lambert of the 28th:
A Bill to be entitled an Act to provide for the prohibition of the owning, controlling or holding by certain companies of more than 15% of voting stock of banks as defined therein and of bank holding companies as defined therein; and for other purposes.
The Senate has agreed to the House Substitute to the following Bill of the Senate:
SB 14. By Senators Harper of the 26th, Brooks of the 50th, Turner of the 34th and Ursrey of the 54th:
A Bill to be entitled an Act to create certain regulations concerning insurance companies which sell accident and sickness and hospitalization insurance; to repeal conflicting laws; and for other purposes.
The Senate has agreed to the House amendment to the following Bill of the Senate:
FRIDAY, FEBRUARY 17, 1956
1327
SB 120. By Senators Steis of the 25th and Ricketson of the 19th:
A Bill to be entitled an Act to provide for the issuance of automobile license tags to disabled veterans; and for other purposes.
The Senate has agreed to the House amendment to the following Bill of the Senate:
SB 159. By Senator Millican of the 52nd:
A Bill to amend the Act creating a Joint City-County Board of Tax Assessors in all counties having within its borders all or the greater part of the population of 300,000 or more, according to the United States census of 1950 or any future United States Census so as to provide for a public record of assessments on real estate; and for other purposes.
Under the regular order of business, the following Bill of the Senate was taken up for consideration and read the third time:
SB 78. By Senators Overby of the 33rd, Ursrey of the 54th, and others:
A Bill to be entitled an Act to amend an Act known as the Unemploy ment Compensation Law "(Now Employment Security Law)"; and for other purposes.
The following Amendment was read:
Mr. McCracken moves to amend SB 78 as follows:
By striking from said Bill Section 10 in its entirety, and by re numbering the remaining sections in their appropriate numerical order.
Mr. McCracken of Jefferson moved that the House adopt the amendment to SB 78.
Mr. Gillis of Treutlen moved the previous question.
On the motion to adopt 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.:
Barber of Colquitt Baughman Bentley Birdsong Bolton Brannen
Caldwell Carlisle Gates Clary
Cocke Coker of Cherokee Cowart Dean of Rockdale Drinkard Flynt
Garrard Gillis Grimsley Groover
Gross of Stephens Harrell Harrison of Wayne Hawkins Johnson of Jenkins Jones of Lumpkin
Jordan Killingsworth Lam Lindsey
1328
JOURNAL OF THE HOUSE,
Lokey Mallory Mashburn Matthews McCracken Mobley Mull Murphey of Crawford Nightingale Palmer
Parker Peacock Pettey Phillips of Columbia Pickard Ray Russell Rutland Sivell Hoke Smith of Fulton
M. M. Smith of Fulton Souter Stephens of Clarke Stewart Strickland Stripling Todd Truelove Turk Twitty
Those voting in the Negative were Messrs.:
Alien Ayers Bagby Barker Black Blalock Bloodworth Bodenhamer Brown Callier Campbell Chambers Chastain Cheatham Cheek Coker of Walker Cornelius Coxwell Deal Deen of Bacon Denmark Dozier Duke Duncan Elder English Eyler Floyd Foster Fowler of Douglas
Freeman Frier Gilleland Green of Rabun Gross of Dade Hall Henderson Hendrix Hogan Holley Houston Hudson Jackson Jessup Jones of Laurens Jones of Sumter Kennedy of Tattnall Key Killian King of Whitfield King of Chattahoochee Kitchens Land Love Lowe Mathis of Lowndes Mauldin McGarity McKelvey Mincy
Moore Moorman Murphy of Haralson Murr Musgrove Odom Perkins Peters Potts Reed Register Roughton Rowland Ruark Scoggin Smith of Evans Sognier Stevens of Marion Tamplin Tarpley Underwood of Bartow Upshaw Veal Weems Wheeler Williams Willingham Wilson of Towns Wright Young
On the motion to adopt the amendment, the ayes were 60, nays 90.
The amendment was lost.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, Mr. Willingham of Cobb moved the ayes and nays and the call was sustained.
FRIDAY, FEBRUARY 17, 1956
1329
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alien Ayers Bagby
Barber of Jackson Barker Baughman Bentley Black Blackburn Blalock Bloodworth Bodenhamer Brannen Brown Campbell Gates Chambers Chastain Cheatham Coker of Cherokee Coker of Walker Cornelius Deal Dean of Rockdale Deen of Bacon Denmark Duke Elder English Eyler Fain Foster Fowler of Douglas Freeman Frier Gilleland Green of Rabun Grimsley Groover Gross of Stephens Gross of Dade Gunter
Hall Harrison of Wayne Henderson Hendrix Hodges Hogan Holley Houston Hudson ' Hurst Jackson Jessup Jones of Worth Jones of Lumpkin Jones of Laurens Jones of Sumter Kennedy of Tattnall Key Killian Killingsworth King of Whitfield King of Chattahoochee King of Pike Kitchens Lam Land Lindsey Long Love Lowe Mashburn Mathis of Lowndes Matthews Mauldin McGarity McKelvey Mincy Mobley Moore Moorman Murphey of Crawford Murphy of Haralson
Murr Musgrove Nilan Odom Palmer Parker Peacock Pelham Perkins Peters Pettey Potts Raulerson Register Rodgers Roughton Rowland Ruark Russell Sanders Scoggin Sheffield Smith of Evans M. M. Smith of Fulton Sognier Stephens of Clarke Stevens of Marion Stripling Tamplin Tarpley Underwood of Bartow Upshaw Veal Weems Wheeler Williams Willingham Wilson of Towns Wright Young
Those voting in the negative were Messrs.:
Barber of Colquitt Caldwell Cheek Cowart Dozier Drinkard
Gillis Jordan Mallory McCracken Nightingale Phillips of Columbia
Pickard Hoke Smith of Fulton
Strickland Turk Twitty
1330
JOURNAL OF THE HOUSE,
On the passage of the Bill, the ayes were 124, nays 17.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Fowler of Tift asked that he be recorded as having voted "aye".
The following Bill of the Senate was taken up for the purpose of considering the Conference Committee Report thereon:
SB 30. By Senator Lambert of the 28th:
A Bill to be entitled an Act to provide for the prohibition of the owning, controlling or holding by certain companies of more than 15% of voting stock of banks as defined therein and of bank holding companies as defined therein; and for other puropses.
The following Conference Committee Report was read:
Mr. President and Mr. Speaker, your Committee on Conference on SB 30 has met and recommends that the House and Senate adopt the following amendment in lieu of the amendment proposed by the House:
Add to Section 3 the following:
Also in municipalities now having branches of a bank with a holding company relation, such banks may make branches of existing holding company banks; and in the future in cities of over 80,000 population, according to the 1950 or any subsequent census, now having branches of a bank, present branches will have the same privilege of additional branches as permitted to other banks.
And to amend the caption accordingly.
Respectfully submitted,
/s/ Cheatham of Chatham /s/ Harrell of Grady /s/ Brown of Telfair /s/ Lambert of the 28th /s/ Ayers of the 31st /s/ Hollis of the 24th
Mr. Cheatham of Chatham moved that the printing of the Conference Com mittee report be dispensed with.
On the motion to dispense, Mr. Russell of Barrow 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 Alien Ayers
Bagby Barber of Colquitt Barber of Jackson
Barker Baughman Bentley
FRIDAY, FEBRUARY 17, 1956
1331
Birdsong Blackburn Blalock Bloodworth Bodenhamer Brannen Brown Caldwell Carlisle
Gates Chambers Cheatham Clary Coker of Cherokee Cornelius Cotton Cowart Dean of Rockdale Deen of Bacon Denmark Drinkard Duke Duncan Elder English Eyler Flynt Foster Fowler of Douglas Fowler of Tift Freeman Frier Garrard Gilleland Groover Gross of Stephens
Gunter Hall Harrell Harrison of Wayne Hawkins Henderson
Hogan
Holley Houston Huddleston Hudson Hurst Jackson Jessup Jones of Worth Jones of Lumpkin Jones of Laurens Jordan
Kennedy of Tattnall Killingsworth
King of Whitfield King of Chattahoochee Kitchens Lam Land Larkins Lindsey Long
Love Mallory Martin Mashburn Mathis of Lowndes Matthews Mauldin McCracken McKenna McWhorter Mincy Mobley Moore Mull Murphy of Haralson Musgrove Nightingale Nilan Odom Palmer Parker Peacock
Perkins Pettey
Phillips of Columbia Pickard Potts Raulerson Reed Register Rodgers
Roughton Rowland Ruark Rutland Sanders Scoggin Short Sivell Smith of Evans Smith of Emanuel M. M. Smith of Fulton Sognier Souter Stephens of Clarke Stewart Strickland Stripling Tamplin Tarpley Todd Turk Twitty Underwood of Bartow Underwood of
Montgomery Upshaw Veal Weems Wheeler Williams Willingham Wilson of Towns
Wright Young
Those voting in the negative were Messrs.:
Black Bolton Cheek Dozier
Fain McKelvey Murphey of Crawford Pelham
Russell Hoke Smith of Fulton
On the motion to dispense with the printing of the Conference Committee Report, the ayes were 137, nays 10.
The motion prevailed, and the printing was dispensed with.
1332
JOURNAL OP THE HOUSE,
Mr. Cheatham of Chatham moved that the House adopt the Conference Com mittee Report on SB 30.
On the motion to adopt, the ayes were 107, nays 5.
The Conference Committee Report was adopted.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 27. By Mr. Twitty of Mitchell: A Bill to be entitled an Act creating a Board to be known as the State Board of Dispensing Opticians providing a method for the appointment of the members of said Board; and for other purposes.
The following Senate amendment was read: Senator Hollis of the 24th moves to amend HB 27 by striking the
sentence in Section 12 which reads as follows: "Each member of the Board shall receive Twenty Five ($25.00)
Dollars Per Diem expenses when actually engaged in the discharge of his official duties and all legitimate and necessary expenses in curred in attendance of all meetings of said Board."
Mr. Twitty of Mitchell moved that the House agree to the Senate amendment to HB 27.
On the motion to agree, the ayes were 114, nays 0.
The Senate amendment was agreed to.
Mr. Palmer of Mitchell rose to a Point of Personal Privilege and addressed the House.
Under the regular order of business, the following Bill of the Senate was again taken up for consideration:
SB 31. By Senators McDonald of the 43rd, Dews of the 9th, Matthews of the 47th and others: A Bill to be entitled an Act to provide for municipal home rule; and for other purposes.
The following amendments were read and adopted:
'Mr. Nightingale of Glynn moves to amend SB 31 by substituting the words and figures "twenty-five (25%) percent" for the words and figures "twenty (20%) percent" wherever they occur in said Bill.
The Committee on Special Judiciary moves to amend SB 31 by striking the words "of the summary" in the third sentence of the third paragraph of Section 6 of said Bill.
FRIDAY, FEBRUARY 17, 1956
1333
Mr. Bolton of Spalding moved the previous question.
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. 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.:
Alien Ayers Barber of Jackson Bentley Blackburn Bolton Caldwell Carlisle Chambers Chastain Cheatham Dean of Rockdale Deen of Bacon Duke Elder Eyler Fain Fordham Fowler of Douglas Freeman Gilleland Gillis Green of Rabun Greene of Crisp Grirnsley Groover Gross of Stephens Gunter Henderson
Hodges Hogan Holley Houston Hudson Jackson Jones of Lumpkin Jones of Laurens Jones of Sumter Kalley
Kennedy of Tattnall Killian Killingsworth King of Whitf ield King of Chattahoochee Lam Lindsey Lokey Long Love Mallory Mathis of Lowndes Matthews Mauldin McGarity McKenna McWhorter Moore Mull
Murphy of Haralson Murr Musgrove Nightingale Nilan Palmer Parker Peacock Potts Reed Register Rodgers Rutland Sanders Scoggin Smith of Evans Sognier Stephens of Clarke Strickland Stripling Tamplin Tarpley Turk Underwood of Bartow Weems Wiison of Towns Wright Young
Those voting in the negative were Messrs.:
Baughman Birdsong Black Blalock Bloodworth Bodenhamer Brannen Brown Gates Cheek
Clary Cocke Coker of Cherokee Cornelius Cowart Cox well Denmark Dozier English Foster
Fowler of Tift Frier Garrard Gross of Dade Harrell Harrison of Wayne Hawkins Hendrix Jessup Jones of Worth
1334
JOURNAL OF THE HOUSE,
Jordan Key King of Pike Land Larkins Lowe Mashburn McCracken McKelvey Mincy Mobley
Murphey of Crawford Odom Pelham Perkins Peters Raulerson Ray Roughton Rowland Ruark Russell
Sheffield Sivell Smith of Emanuel Hoke Smith of Fulton Stewart Twitty Upshaw Veal Wheeler Willingham
On the passage of the Bill, as amended, the ayes were 86, nays 62.
The Bill, having failed to receive the requisite constitutional majority, was lost.
The Speaker announced the House recessed until 1:45 p.m. this afternoon.
AFTERNOON SESSION
1:45 P. M.
The Speaker called the House to order.
The following Resolutions of the House were read and adopted:
HR 257. 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 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 21 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 ( J/4) of his per diem now fixed by law, which shall include all necessary secretarial help.
BE IT FURTHER RESOLVED that the Chairman of the Engross ing, Enrollment and Auditing Committees and seven (7) 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
FRIDAY, FEBRUARY 17, 1956
1335
auditing the expenses and doing whatever is necessary by the said Com mittees and the members herein authorized to remain.
BE IT FURTHER RESOLVED that the Post Mistress of the House be authorized to remain at the Capitol 3 days for the purpose of forward ing members' mail.
BE IT FURTHER RESOLVED that the Chairman of the Peni tentiary Committee be authorized to appoint a. sub-committee to consist of not more than six members of 'the Penitentiary Committee to be approved by the Speaker, to include the Chairman, Vice-Chairman, and his Secretary to visit the penal system of Georgia. Said visits not to exceed 30 days in number, unless ordered by the Speaker in a case of an emergency.
BE IT FURTHER RESOLVED that the Speaker is authorized to appoint committees from the members of the House of Representatives to serve as a legislative investigating committee or for other necessary business for the State during the time that the Legislature is not in session. Said committees shall be authorized to convene at any time when requested to do so by the Speaker for the purpose of making in vestigation 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 com pensation 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.
HR 258. By Mr. Carlisle of Bibb:
A Resolution concerning the use of the third floor of the Capitol Building for legislative purposes; and for other purposes.
HR 238. By Messrs. Cocke of Terrell, Cloud of Decatur, Denmark of Liberty, Perkins of Carroll, Stripling of Coweta; and many others:
A Resolution to authorize an inspection of the facilities of the Game and Fish Commission; and for other purposes.
HR 259. By Messrs. Clary of McDuffie, McKenna of Bibb, Duke of Baldwin, Stripling of Coweta, Floyd of Chattooga, Deen of Bacon; and others:
A Resolution relative to the establishment of a memorial to Georgians who gave their lives while serving in the armed forces; and for other purposes.
HR 260. By Messrs. Moate of Hancock, Willingham of Cobb, Groover of Bibb, and Scoggin of Floyd:
A Resolution to create a committee to make a study of Jekyll Island; and for other purposes.
1336
JOURNAL OF THE HOUSE,
HR 261. By Messrs. Groover of Bibb, Sheffield of Brooks, and Harrison of Wayne:
A Resolution recommending and urging the investment of a certain por tion of the funds of certain retirement systems in real estate and estate mortgages, loans and leases; and for other purposes.
HR 262. By Messrs. Moate of Hancock, Musgrove of Clinch, Harrell of Grady, McCracken of Jefferson, and many others:
A Resolution commending Honorable Denmark Groover for his magnifi cent job as House Floor Leader; and for other purposes.
HR 263. By Messrs. Groover of Bibb, Lokey of Fulton, Russell of Barrow, Watson of Dougherty, Nightingale of Glynn, and others:
A Resolution expressing appreciation and gratitude to Honorable Marvin E. Moate, of Hancock County, Speaker, and to Honorable William B. Freeman, of Monroe County, the sponsors of the Resolution providing for the installation and use of the automatic voting system; and for other purposes.
The following Resolution of the House was read and referred to the Committee on Rules:
HR 264. By Messrs. Moate of Hancock, and Groover of Bibb: A Resolution amending the Rules of the House and for other purposes.
The following Resolutions of the House were read and adopted:
HB 265. By Messrs. Pettey of Pulaski, Brannen of Dooly, Jessup of Bleckley:
A Resolution commending the service of Honorable Roger Lawson as a member of State Highway Board, and the Rural Roads Authority, and for other purposes.
HR 266. By Messrs. Sanders of Richmond, Barber of Colquitt, Holley of Rich mond, Smith of Emanuel, and many others:
A Resolution expressing appreciation for the services rendered by the Claims Advisory Board; and for other purposes.
Under the regular order of business, the following Resolution of the House was taken up for consideration and read the third time:
HR 152. By Messrs. Gates of Burke, McGarity of Henry, and Bodenhamer of Tift:
A Resolution to create a committee to study the dairy industry in Georgia; and for other purposes.
FRIDAY, FEBRUARY 17, 1956
1337
The following Substitute was read and adopted:
By Mr. McGarity of Henry:
A RESOLUTION
To create a committee to study the dairy industry in Georgia; and for other purposes.
WHEREAS, the economic condition of the dairy industry in Georgia is of vital concern to the citizens of Georgia; and
WHEREAS, the Sanitary regulations affecting fluid milk and dairy products are essential to protect the consumers of dairy products; and
WHEREAS, it is felt that a study should be made to ascertain ways and means of improving existing conditions:
NOW, THEREFORE, BE IT RESOLVED by the House of Repre sentatives of the State of Georgia that a committee of five members of the House, to be appointed by the Speaker, be created to study:
1. Sanitary regulations, federal, state and local, as they affect fluid milk and dairy products, both from the production of fluid milk by dairy farmers in Georgia and from the processing distribution of fluid milk for human consumption and from the manufacturing processes of dairy products.
2. The operation of milk pricing under the Milk Control Law of Georgia and the effect of the Milk Control Law on the dairy industry and the consuming public.
3. The committee is specifically directed to determine what can be done to assure the producer of getting a fair and reasonable price for milk.
BE IT FURTHER RESOLVED THAT the committee be authorized to solicit the cooperation of the State Department of Agriculture; the Extension Division, Dairy Department of the College of Agriculture and other agencies having access to dairy records of production; feeding; animal health; cost of distribution, manufacturing and processing, etc., to the end that the committee may be enabled to obtain the true facts concerning the dairy industry of Georgia. The committee shall make a written report of its finding to the members of the General Assembly not later than December 1, 1956. The members of such committee shall not receive compensation for more than 20 days' service and such committee shall be abolished upon making its report.
The Resolution, was adopted, by Substitute:
HR 267. By Mr. Lindsey of Spalding:
A Resolution to request that two committees are to consolidate their study so that there will only one study be made by the General Assembly of the dairy industry; and for other purposes.
The following Resolution of the House was taken up for consideration and read:
1338
JOUENAL OF THE HOUSE,
HR 34. By Mr. Lindsey of Spalding:
A Resolution to create a Agricultural Research Committee; and for other purposes.
The following amendment was read and adopted:
The Committee on State of Republic moves to amend HR 34, as follows:
By striking the word and figure "fifteen (15)" in the last paragraph, and inserting in lieu thereof the word and figure "ten (10)".
The Resolution was adopted, as amended.
The following Resolutions of the House were read and adopted:
HR 268. By Mr. Groover of Bibb:
A Resolution extending sincere and cordial thanks from the House of Representatives to the Institute of Law and Government and its staff of the University of Georgia for their most valuable service; and for other purposes.
HR 269. By Mr. Murr of Sumter:
A Resolution to commend the press, radio and television; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following Bill of the House to wit:
HB 113. By Mr. Groover of Bibb:
A Bill to be entitled an Act to amend an Act approved March 7, 1955 (Ga. Laws 1955, p. 483) comprehensively and exhaustingly superseding and revising the laws relating to the Game and Fish Commission and to game and fish, to provide penalties for violation here; to repeal con flicting laws; and for other purposes.
The following Bills of the House were taken up for the purpose of considering the Senate amendments thereto:
HB 465. By Mr. Bagby of Paulding:
A Bill to be entitled an Act to amend the several Acts incorporating the City of Dallas; and for other purposes.
The following Senate amendment was read: Senator Jones of the 38th District moves to amend HB 465, by
FRIDAY, FEBRUARY 17, 1956
1339
adding the following proviso at the end of Paragraph (a) of Section 35 of said Bill:
"Provided, however, that such charges shall not be a charge upon the real estate served where the tenant or other person in pos session or having the right to possession and use of such real estate has by contract agreed to pay for such charges."
Mr. Bagby of Paulding moved that the House agree to the Senate amendment to HB 465.
On the motion to agree, the ayes were 103, nays 0.
The Senate amendment was agreed to.
HB 544. By Messrs. H. Smith and Lokey of Fulton:
A Bill to be entitled an Act to amend an Act creating a Joint City-County Board of Tax Assessors in all counties having within its borders all or the greater part of the population of 300,000 or more; and for other purposes.
The following Senate amendment was read:
The Senate moves to amend HB 544 in the following particulars:
1.
By striking from the caption thereof the following language: "so as to fix the compensation of the Chief Clerk of said Board; to repeal conflicting laws; and for other purposes.", and inserting in lieu thereof the following: "so as to create the position of Office Manager in the Office of the Joint City-County Board of Tax Assessors and fix his com pensation; so as to create the position of attorney for the Joint CityCounty Board of Tax Assessors; to fix the qualifications and salary of such attorney; to repeal conflicting laws; and for other purposes."
2.
By striking Section 1 in its entirety and substituting in lieu thereof the following:
SECTION 1.
There is hereby established in the office of the Joint City-County Board of Tax Assessors the position of Office Manager, who shall be selected by and subject to the said Joint Board. His salary shall be $7,200.00 per annum, payable in monthly or shorter periods of payment and subject to uniform decreases or increases by the Board of Aldermen. The salary shall be paid by the City but the County shall reimburse the City to the extent of 3/7ths of the amount thereof. His assignment shall not be subject to Civil Service.
3.
By adding thereto a completely new section to be numbered 1 (a), as follows:
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JOURNAL OF THE HOUSE,
SECTION 1-A.
There is hereby created the position of attorney for the Joint CityCounty Board of Tax Assessors. Such attorney shall be a licensed prac ticing attorney of not less than five years experience and shall be a resi dent of the city or the county. He shall perform such services as may be required of him by the Joint City-County Board of Tax Assessors or the City or County Attorneys, in relation to legal tax matters. He shall not be subject to nor shall he be entitled to any benefit of the Civil Service Laws applicable to the city or the county. He may be a former employee of such city or county who has retired on a pension applicable to his employment, in which event he shall receive such pension in addi tion to his salary hereinafter provided, and shall not, by virtue of his employment, as such attorney, be entitled to additional pension benefits. He shall be elected by said Joint Board of Tax Assessors upon the nomi nation of the City Attorney and the County Attorney and shall serve for a term of four (4) years, at the expiration of which time said position is hereby abolished. He may be removed at any time for cause by the Tax Assessors after a hearing. His salary shall be $7,200.00 per annum, payable in equal monthly installments or other proportionate payments to be made at shorter intervals of time. The salary of such attorney shall be paid by the county and the city shall reimburse the county 4/7ths thereof. Nothing herein shall be construed to limit or restrict the au thority of the City Attorney or the County Attorney to represent the Board of Tax Assessors in all litigated matters as heretofore established by this Act and all amendments thereto. Should there be a vacancy in said position by death, resignation or otherwise of the person elected to such position, said position shall thereupon stand abolished. Said attor ney shall not directly or indirectly represent as attorney or counsellor at law any person or cause whose interests are in conflict with the interest of the city or county. He shall not appear as attorney before the Board of County Commissioners or the Mayor and Board of Aldermen or any committee thereof in any matter pending before said Board of County Commissioners or the Mayor and Board of Aldermen. Except as herein expressly prohibited, he shall be eligible to engage in the practice of law. This Section shall become effective April 1, 1956.
Mr. Lokey of Fulton moved that the House agree to the Senate amendment to H.B. 544.
On the motion to agree, the ayes were 103, nays 0.
The Senate amendment was agreed to.
HB 341. By Messrs. H. Smith, M. Smith, and Lokey of Fulton: A Bill to be entitled an Act to amend an Act to carry into effect in the City of Atlanta the provisions of an amendment to the Constitution relating to the abolition of Justices Courts and the Office of Justice of the Peace of certain cities; and for other purposes.
The following Senate amendment was read:
Senator Millican of the 52nd moves to amend HB 341, Section 3, Page 4, Line 9 by striking the word "two" and inserting in lieu thereof
FRIDAY, FEBRUARY 17, 1956
1341
the word "one". Further amends Lines 9-13-14-17, by striking words "marshalls' and insert the word "marshall". Further amend by striking Lines 19 and 20 beginning with the words "The Judge" and inserting in lieu the following "The Judge may with the prior approval of the Com missioners of Roads and Revenues, of Fulton County, appoint a secretary in lieu of a second special Deputy Marshall". Further amend Caption in line 20 by striking the words "two" and inserting the word "one".
Mr. Lokey of Fulton moved that the House agree to the Senate amendment to HB 341.
On the motion to agree, the ayes were 103, nays 0.
The Senate amendment was agreed to.
HB 577. By Messrs. Mackay, Rutland and McWhorter of DeKalb:
A Bill to be entitled an Act to amend an Act to create and establish the City Court of Decatur; and for other purposes.
The following Senate amendment was read:
The Senate moves to amend HB 577 as follows:
By inserting in the blank space of Section I of said Act the figure 11,000.00.
Mr. McWhorter of DeKalb moved that the House agree to the Senate amend ment to HB 577.
On the motion to agree, the ayes were 103, nays 0.
The Senate amendment was agreed to.
HB 244. By Messrs. Mackay, Rutland and McWhorter of DeKalb:
A Bill to be entitled an Act to enable DeKalb County to establish a planning commission and to enable the several municipalities lying whol ly within the limits of DeKalb County to establish joint planning com missions; and for other purposes.
The following Senate amendment was read:
The Senate moves to amend HB 244 by adding the following sent ence at the end of Section 8 of said Act:
"The interim zoning Resolution of DeKalb County in force and effect as of the effective date of this Act shall remain in force and of full effect until the adoption of a zoning plan for the unincorpo rated area of DeKalb County."
Mr. McWhorter of DeKalb moved that the House agree to the Senate amend ment to HB 244.
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JOURNAL OF THE HOUSE,
On the motion to agree, the ayes were 103, nays 0.
The Senate amendment was agreed to.
HB 407. By Mr. Matthews of Clarke: A Bill to be entitled an Act to amend an Act relating to obscene pictures and abusive language, and for other purposes.
The following Senate amendment was read: The Committee on Judiciary moves to amend HB 407 by striking of
both Sections #2 with reference to confiscation.
Mr. Matthews moved that the House agree to the Senate amendment to HB 407.
On the motion to agree, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Ayers Bagby Barber of Colquitt Barker Baughman Black Blackburn Blalock Bolton Brannen Caldwell Gates Chambers Chastain Cheatham Cheek Clary Coker of Cherokee Coker of Jackson Cornelius Cotton Coxwell Dean of Rockdale Deen of Bacon Drinkard Elder English Eyler Fordham Foster Fowler of Douglas
Fowler of Tift Freeman Frier Garrard Gilleland Gillis Green of Rabun Greene of Crisp Gross of Stephens Hall Hardaway Harrison of Jeff Davis Hawkins Henderson Hodges Houston Huddleston Hudson Hurst Jessup Johnson of Jenkins Killian King of Whitfield King of Pike Kitchens Lam Lanier Larkins Lindsey Lokey Long Love Lowe
Mallory Martin Mashburn Matthews McCracken McKelvey McWhorter Mincy Moore Moorman Mull Murphey of Crawford Murphy of Haralson Musgrove Nilan Odom Palmer Peacock Pelham Perkins Peters Pettey Phillips of Columbia Pickard Potts Raulerson Ray Rodgers Roughton Rowland Russell Rutland Scoggin
FRIDAY, FEBRUARY 17, 1956
1343
Short Sivell Smith of Evans Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton Sognier
Souter Stephens of Clarke
Stewart Tamplin Tarpley Turk Twitty Underwood of
Montgomery
Upshaw Veal
Watson Weems Wheeler Wilson of Towns Wilson of Peach Wright Young
On the motion to agree, the ayes were 123, nays 0.
The Senate amendment was agreed to.
The following Resolutions of the House were read and adopted:
HR 270. By Mr. Odom of Camden: A Resolution extending congratulations of the House of Representatives to Mr. Robert Bennett of Kingsland, Georgia, for having brought credit to our Sovereign State and to its people; and for other purposes.
HR 271. By Messrs. Jackson of Jones, Clary of McDuffie, Roughton of Washing ton, and Ray of Warren: A Resolution to commend the publisher of the Macon Telegraph for services to the General Assembly; and for other purposes.
Under the regular order of business, the following Bill of the Senate was taken up for consideration and read the third time:
SB 56. By Senators Turner of the 34th, and Harper of the 26th: A Bill to be entitled an Act authorizing insurance companies organized and doing business by virtue of the laws of this State to acquire and hold real property for the purpose of renting and leasing same; and for other purposes.
The report of the committee which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 109, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The following Bills of the House were taken up for the purpose of considering the Senate amendments and substitute thereto:
HB 610. By Mr. Groover of Bibb:
A Bill to be entitled an Act to amend an Act repealing, enacting and re-enacting or parts of laws creating a pension system for the em ployees of the City of Macon; and for other purposes.
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JOURNAL OF THE HOUSE,
The following Senate substitute was read:
HB 610. By Mr. Groover of Bibb:
AN ACT
To amend an Act approved August 3, 1927, entitled "An Act to reenact the charter of the City of Macon, contained in the Act approved August 17, 1914, together with the Acts amending the same, passed since 1914, with certain changes in said Acts; to consolidate into one Act with such changes as may have become necessary or proper, all the Acts constituting the charter of the City of Macon and relating to the rights, powers and duties of said corporation; to amend the said Act of 1914, and the Acts amendatory thereof; and for other purposes"; said de scribed Act appearing on pages 1283 through 1357, both inclusive of the published Acts of the General Assembly of Georgia of 1927, and any and all Acts amendatory of said described Act whenever passed and wherever set forth, including any and all Acts amending, changing or re-enacting any section or subsection of said Act or Acts; to repeal certain provisions of said Act of 1927 as amended relating to pensions; to enact other and different provisions relating to pension and retire ment systems; and particularly to amend the act approved February 9, 1949, (Ga. Laws 1949, pages 330-339) as the same was amended by an Act approved February 13, 1951, (Ga. Laws 1951, pages 2384-2394, in clusive) relating to the Macon Pension and Retirement System; and for other purposes.
SECTION 1.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA, and it is hereby enacted by authority of the same that an Act approved August 3, 1927, entitled "An Act to re-enact the charter of the City of Macon, contained in the Act approved August 17, 1914, to gether with the Acts amending the same, passed since 1914, with certain changes in said Acts; to consolidate into one Act with such changes as may have become necessary or proper, all the Acts constituting the charter of the City of Macon and relating to the rights, powers and duties of the said corporation; to amend the said Act of 1914 and the Acts amendatory thereof; and for other purposes"; said described Act appearing on pages 1283-1357, both inclusive, of the published Acts of the General Assembly of Georgia of 1927, as the same may have since been amended, and particularly as amended by the Act approved Febru ary 9, 1949, and appearing in the published Acts of the General Assembly of Georgia of 1949, on pages 330-339, both inclusive and as amended by the Act of 1951 as the same appears in the published Acts of General Assembly of Georgia of 1951, pages 2384-2395, both inclusive, by adding to the section 43% as provided by said Act the following additions and changes.
SECTION 2.
There is hereby established a Division A of the Macon Pensions and Retirement System as a separate coverage group and to be specifically known as the Employees Social Security Coverage Group. Effective on a date established by the pension committee as established in said Act, the membership of this system shall automatically be the membership
FRIDAY, FEBRUARY 17, 1956
1345
of Division A unless prior to such date a member has expressed in writing to the committee his desire to become a member of Division B, and for such members there is hereby established a distinct and separate Division to be known as Division B. Membership of Division B shall be ineligible for membership in Division A.
SECTION 3.
All future employees of the City of Macon who are eligible under the following provisions shall become members of Division A.
SECTION 4.
As to Division A the following provisions shall supersede all other provisions of said Act of 1951 except with respect to the administrative provisions of said Act where they are not in conflict with the following provisions of this Act which provisions with respect to Division A are as follows:
I. DEFINITIONS AS USED IN THIS ACT: The following words, terms, and phrases shall have the meaning hereby described un less a definite meaning is clearly required by the immediate context in which such word, term, or phrase is used:
(a) "City" and "City of Macon" shall mean the political division, City of Macon, Georgia;
(b) "Committee" or "the committee" shall mean the pension com mittee as established by the Act of 1951 or its successor or successors serving as the administering body of the plan;
(c) "Employer" shall mean the City of Macon:
(d) "Masculine" shall include the feminine:
(e) "Employees" and/or "Officials" shall include all persons actively employed in the service of the City upon the effective date of this Act and thereafter and whose salary, wage or compensation is paid by the City whether payable directly to the recipient or to another for transmission or distribution and whether appointed by the city or by an elected or appointed officials thereof.
(f) "Service" and "years of service" shall mean the period in the employ of the city and while a member of this plan plus accumulated past service credits acquired and retained as provided herein. A service year shall not be the calendar year but a service period of 12 months, except, that in computing fractional service years, six or more service months shall be considered a service year. No period during which benefits are received under this plan shall be considered "service" or "years of service".
(g) "Accumulated Past Service Credit" shall mean years of em ployment by the City of Macon and acquired and retained as provided herein;
(h) "Final average monthly earnings" shall mean total compensa tion received by the claimant from the City of Macon during the last five years of service with the city divided by 60 provided, however, that in the event of prolonged illness or other justifying cause, to be judged
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JOURNAL OP THE HOUSE,
by the committee, the Board may compute the "final average monthly earnings" of an affected claimant by using the 3 years most productive of compensation from the city and to the claimant and dividing such total by 36.
II. MEMBERSHIP ELIGIBILITY. All employees and officials of the city upon the effective date of this Act and thereafter are eligible for inclusion in this Division A provided, however, the following persons are excluded from the operation of this Division.
1. Officers and employees of the Macon Hospital, Macon Hospital Commission, board of water commissioners, fire and police departments, board of health, board of public welfare, and any and all other boards of like kind and character acting as quasi-entities apart from the City of Macon but exercising some municipal function;
2. All casual or temporary employees and contractors and their em ployees whose work with the City of Macon is casual or temporary or by the job;
3. Officers and employees whose city employment is part-time, and the majority of whose income is not derived from city employment;
4. The mayor, aldermen, the city attorney or attorneys or any assistants to city attorneys, and the judge of the recorder's court;
5. Persons employed by the City of Macon at the effective date of this amendment who signify within a period of sixty days their intention . not to come under this Division. This intention must be expressed in writing and presented in person to the pension committee. Persons elect ing to exclude themselves from this Division shall be forever barred from participation herein.
6. Any employee or official whose age, upon employment hereafter, re-employment, qualification or requalification as an employee or official is fifty years or more, provided the persons now eligible for membership for the pension plan shall not be excluded by reason of this age limita tion ;
7. Members and officials who upon effective date of this Act are receiving payment of benefits from and under the pension plans as estab lished by the Acts of 1949 and 1951 as amended;
III. CONTRIBUTIONS.
(a) Employee contributions. Each member of this Division shall make contributions in lieu of contributions now provided by the plan as established by Acts of 1949 as amended 1951, to the pension fund of such plan as follows:
1. 2% of the total salary or compensation of the employees who are members of this Division;
2. The amount of the required contribution to be paid by employees and official members of this Division shall be deducted and withheld by the proper authority of the city from the salary, wage or compensation otherwise to be paid to such member and shall be remitted by such au thority, monthly to the custodian 'of the pension fund. All persons be coming members of this Division are conclusively held to have consented to such deductions.
FRIDAY, FEBRUARY 17, 1956
1347
(b) Employer Contributions. The city shall remit monthly to the custodian of said fund 2% of the total salaries or compensation paid members of this Division for normal cost of said plan and 3.1% of total payroll of said city for unfunded prior service cost which 3.1% shall be paid monthly to the custodian of such fund until such time as it is actuarially determined that the unfunded prior service liability is liquidated.
IV. BENEFITS.
(a) Any member of this Division who on the January 1st coinciding or next following the attainment of age 65 years, shall be entitled to retirement and shall receive monthly retirement benefits in an amount equal to % of 1 % of the first $100.00 of the average final compensation plus 1 and % % of all average final compensation in excess thereof, times the number of years of service.
(b) The surviving spouse, or if no surviving spouse, the legatees or surviving heirs of a member dying prior to retirement shall receive a death benefit equal to the full amount the member has paid into the pension fund, including any sums paid by him into the pension plan pro vided by the Act of 1949 as amended by Act of 1951 and each member shall be required to file a designation in writing of a beneficiary with the pension committee and in the absence of such designation this benefit will be payable to his estate;
(c) In the event a pensioned employee dies before receiving pension benefits in the amount equal to the death benefit provided in the Section immediately above, the difference shall be paid in accordance with said Section;
(d) In the event a member terminates his service or his service is terminated for any reason other than death or cause for which he re ceived benefit payment elsewhere under this pension plan he shall be entitled to a severance benefit equal to his total contributions to the pension fund as provided in the paragraphs immediately above;
(e) An employee who has^reached the age 60 while still in service shall be entitled to benefits hereunder as shall be actuarially equivalent to his retirement benefit at age 65 as established and reduced by a table to be adopted by the pension committee. The said actuarial equivalent shall be based upon service credits accumulated as of the date of retire ment.
V. ACCUMULATED PAST SERVICE CREDITS. Prior to the date of this Act employees and officials of the city eligible for partici pation in this Division who have become members of this Division shall be entitled to accumulated past service credit under this plan and Divi sion as follows:
(a) Members of the plan provided by the Act of 1949 as amended by the Act of 1951 shall be entitled to all the years of accumulated past service credit;
(b) Non-members of the said pension plan as provided by said Acts, as amended, shall be entitled to accumulated past service credit upon election, within sixty days after the effective date of this Act, so to do, and by paying or agreeing to pay, as immediately evidenced by a promis sory note payable to the city or the committee or the custodian, within
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JOURNAL OF THE HOUSE,
a period of three years from the effective date of this Act, into the pension fund of this plan or division, a sum of money equal to that which would have been paid under the plan of 1949 as amended by the Acts of 1951 as aforesaid in order to secure accumulated past service credit thereof.
VI. QUALIFICATION FOR BENEFITS.
(a) No pension under this plan or division shall be paid to any person so long as such person is paid other pension or retirement benefits under this plan, or under any other pension or retirement plan which is supported in whole or in part by taxation of any kind or character levied by any State, any political sub-division thereof, the United States or any agency thereof, excepting only such benefits as may be payable under the Federal Social Security Act and such disability compensation, death benefits, or retirement pay arising out of incident of service to the armed forces of the United States. The word "taxation" as used herein, shall not include fees, fines or forfeitures.
(b) Pension or retirement payments shall not be made to any mem ber while an active employee or official of the city.
VII. PAYMENT BENEFITS. All benefit payments save those for severance or death herein provided shall be paid monthly. No benefit payment or portion of the pension fund contributed by member em ployees or officials shall be subject to assessment, garnishment, attach ment or other proceedings of any kind or character by any person, firm or corporation whomsoever save by and at the insistance of the City of Macon or the pension committee, and then only for money lawfully owing to it by any particular member and then only to the extent of such mem ber's benefit payments and contributions to the pension fund.
SECTION 5.
The Act of 1949 as amended by 1951 and particularly Section G thereof is hereby amended by striking the same and inserting in lieu thereof the following: "The pension committee with the advice and con sent of the Mayor and City Treasurer shall from time to time invest benefit funds in any investment which is legal for insurance companies under the laws of this State and said committee may appoint, subject to revocation at any time, and subject to such guards for safe keeping as the committee may prescribe, one or more national banks having places of business in Bibb County and maintaining active trust departments, as custodian of said funds, in whole or in part, and for the purposes of disbursement pursuant to this Act and the order of the committee and/or for purposes of investment of such fund the purpose or purposes for which the custodian or custodian is appointed to be stated in writing.
(a) In addition to the investment privileges the committee may without other authority invest said funds in a common trust fund or a national bank having a place of business in Bibb County who maintains an active trust department.
(b) Fees or other charges made by the custodian and/or invest
ment custodian, with the approval of the committee, shall be payable from the pension fund.
FRIDAY, FEBRUARY 17, 1956
1349
SECTION 5-A.
The right of a service retirement allowance under the provisions of Division A of this plan shall vest in a member who withdraws from service prior to attaining age 60, provided said member shall have completed at least 20 years of creditable service, and has not withdrawn his contributions, provided further nothing in this Act shall be con strued as providing for any benefits prior to attaining age 60 other than a return of contributions in case of death.
SECTION 6.
Nothing herein contained shall be construed as relieving the city from at all times maintaining a sufficient liquid condition of this fund to meet full and prompt payment of all pension payments due under any division of this plan and the city shall have an obligation to pay any pension payments due thereunder.
SECTION 7.
The provisions of the pension plan of 1949 as amended in 1951, as amended, shall remain in full force and effect as to all members of Division B of said plan.
SECTION 8.
Be it further enacted that evidence of advertising as required by the Constitution of 1945 is hereto attached and made a part hereof.
SECTION 9.
If this Act or any portion of it or the application of said Act or any portion of it to any person or circumstance shall be declared invalid, the remainder of this Act and application of such invalid portion to other persons and circumstances shall remain unaffected. This Act shall be come effective of the first of the month next following after its passage and approval.
SECTION 10.
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 substitute to HB 610.
On the motion to agree, the ayes were 103, nays 0.
The Senate substitute was agreed to.
HB 113. By Mr. Groover of Bibb:
A Bill to be entitled an Act to amend an Act comprehensively and exhaustingly superseding and revising the laws relating to the Game and Fish Commission and to game and fish, to provide penalties for violation hereof; and for other purposes.
1350
JOURNAL OF THE HOUSE,
The following Senate amendments were read:
The Senate moves to amend HB 113 by adding at the end thereof a new section to read as follows:
SECTION 24.
(a) Said Act is further amended by striking therefrom paragraph (a) of Section 86, relating to the placing of traps, nets, seines, or other devices in rivers, creeks and streams.
(b) Paragraph (b) of said section, relating to the placing of traps and baskets in any waters of this state, is hereby amended by inserting after the word "basket" in the third line thereof, the words '"nets, seines", and by designating said paragraph as paragraph (a), and paragraph (c) of said section as paragraph (b), so that said paragraph (a) (previous paragraph (b)), when so amended, shall read as follows:
"(a) Any person who shall place or cause to be placed in any of
the waters of this State, except private ponds, as herein defined, any
trapj basket, nets, seines or similar device for the purpose of catching
fish, except as specifically authorized by laws, shall be guilty of a mis
demeanor and punished as provided by law. It shall be the duty of the
Wildlife rangers, sheriff or deputy sheriff to confiscate and destroy such
trap, basket or similar devices, upon discovery of same, and report that
fact to the commission."
,
And by appropriately renumbering the repealing clause.
The Senate moves to amend HB 113 by adding at the end thereof a new section to read as follows:
SECTION 25.
Said Act is further amended by striking therefrom Section 20, re lating to the patrolling of coastal waters, and by substituting in lieu thereof the following:
"Section 20. To facilitate the inspection and patrolling of the wildlife resources of this State, and to assist in the better enforce ment of the laws, rules and regulations relating to wildlife, the Game and Pish Commission is hereby authorized and empowered to pur chase, through the State Purchasing Department, as other purchases are made, aircraft and other necessary equipment to be used for such patrolling and inspection." And by appropriately renumbering the repealing clause.
Mr. Groover of Bibb moved that the House agree to the Senate amendments to HB 113.
On the motion to agree, the ayes were 113, nays 1.
The Senate amendments to HB 113 were agreed to.
FRIDAY, FEBRUARY 17, 1956
1351
HB 615. By Mr. Harrison of Wayne:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Jasper, and for other purposes.
The following Senate amendments were read:
The Senate moves to amend HB 615 by deleting Section 7 in its entirety.
The Senate moves to amend HB 615 by deleting the word "Jasper" in the caption thereof and inserting the word "Jesup".
Mr. Harrison of Wayne moved that the House agree to the Senate amend ments.
On the motion to agree, the ayes were 103, nays 0.
The Senate amendments to HB 615 were agreed to.
The following Resolution of the Senate was read:
SR 54. By Senators Milliean 52nd and Overby of the 33rd:
A Resolution authorizing the Lieutenant Governor to appoint a com mittee to work with the Governor, Secretary of State and State Auditor in planning committee rooms and offices on the third floor of the State Capitol, and for other purposes.
The following amendment was read and adopted:
Carlisle of Bibb moves to amend SR 54 by adding to the Committee, in addition to the committee members already provided for, the Clerk of the House of Representatives and the Secretary of the Senate and to accomplish that purpose, strikes the fourth paragraph of SR 54 and substitutes in lieu thereof the following paragraph:
"THEREFORE, BE IT RESOLVED that a committee be ap pointed by the Lieutenant Governor, consisting of himself and two members of the Senate and the Secretary of the Senate and that a committee be appointed by the Speaker of the House consisting of himself and three members of the House and the Clerk of the House, to serve with the Governor, Secretary of State, and State Auditor in carrying out the intent of the special item placed in Section 1 of the Appropriations Bill." Further amends SR 54 by adding after said substituted paragraph
the following new paragraph:
"Said committee members shall also give consideration to the planning of press galleries for both the House and Senate and for such other remodeling and alteration, as may appear advisable, to the House and Senate chambers; and to the relocation and improved arrangement of the offices and other space for use of the Clerk of the House and Secretary of the Senate."
1352
JOURNAL OP THE HOUSE,
The Resolution was adopted, as amended by the House. Mr. Groover of Bibb County, Vice-Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolu tion of the House and has instructed me as Vice-Chairman, to report the same back to the House with the following recommendation:
HR 264. Do Pass, as amended.
Respectfully submitted,
Groover of Bibb,
Vice-Chairman.
The following Resolution of the House was read: HR 264. By Messrs. Moate of Hancock, and Groover of Bibb:
A Resolution relating to the Standing Committees of the House; and for other purposes.
The following Committee amendment was read and adopted:
The Committee moves to amend HR 264 by striking the words "Game and Fish" and inserting in lieu thereof the words "Natural Re sources."
On the adoption of the Resolution, as amended, the ayes were 117, nays 0.
The Resolution was adopted, as amended.
The Clerk was directed to correct typographical errors appearing in the Resolution.
His Excellency, Governor S. Marvin Griffin appeared upon the floor of the House and delivered an address.
Under the regular order of business, the following Bill of the Senate was again taken up for consideration:
SB 13. By Senator McDonald of the 43rd:
A Bill to be entitled an Act to amend the Code of Georgia relating to "Deposit of Costs Required in Divorce 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 roll call was ordered and the vote was as follows:
FRIDAY, FEBRUARY 17, 1956
1353
Those voting in the affirmative were Messrs.:
Barber of Colquitt Barber of Jackson Birdsong Black Blalock Bloodworth Bodenhamer Bolton Carlisle Gates Chambers Cheatham Cheek Clary Cocke Deen of Bacon
Duke Duncan Eyler Foster Fowler of Douglas Freeman Frier Garrard Gilleland Gillis Green of Rabun Greene of Crisp
Groover
Gross of Stephens Harrell Harrison of Wayne Hawkins Henderson
Hodges Houston Hurst Ivey Jessup Jones of Lumpkin Key Killian King of Whitfield Lam Lindsey Lokey Long Mashburn Matthews McCracken McKenna McWhorter Mincy Moorman Mull Murphey of Crawford
Musgrove Odom Parker Peacock Pettey Phillips of Columbia Ray Roughton Rowland
Russell Rutland Sheffield Singer Sivell Hoke Smith of Fulton S outer Stephens of Clarke Stevens of Marion Stewart Tamplin Tarpley Todd Turk Twitty Underwood of
Montgomery Veal Wooten
Alien Ayers Barker Blackburn Caldwell Drinkard Elder Fain Fordham Gunter
e were Messrs.:
Hall Hayes Huddleston Hudson Jackson Lanier Mallory Martin Murphy of Haralson Perkins
Potts Raulerson Scoggin Smith of Evans Sognier Stripling Truelove Williams Wilson of Peach Wright
On the passage of the Bill, the ayes were 83, nays 30.
The Bill, having failed to receive the requisite constitutional majority, was lost.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Resolution of the Senate to wit:
1354
JOURNAL OF THE HOUSE,
SR 62. By Senator Brooks of the 50th, Davis of the 42nd, Dews of the 9th, Overby of the 334d, Hollis of the 24th and Steis of the 25th:
A Resolution commending the Supreme Court of Georgia and the Chief Justice thereof; 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:
HB 59. By Messrs. Strickland of Toombs, Scoggin of Ployd and others:
A Bill to be entitled an Act to amend Code Chapter 27-2 relating to arrests so as to require the arresting officer who arrests a person under a warrant to bring the accused before the person authorized to examine, commit or receive bail within 72 hours; and for other purposes.
The President appointed as a Committee of Conference on the part of the Senate: Senators Hollis of the 24th, Steis of the 25th and Davis of the 42nd.
The Senate adopted as amended the following Resolutions of the House to wit:
HR 260. By Messrs. Moate of Hancock, Willingham of Cobb, Groover of Bibb and Scoggin of Ployd:
A Resolution to create a committee to make a study of Jekyll Island; and for other purposes.
HR 258. By Mr. Carlisle of Bibb:
A Resolution concerning the use of the third floor of the Capitol Building for legislative purposes; and for other purposes.
Under the regular order of business, the following Bills of the Senate were taken up for consideration and read the third time:
SB 96. By Senators Harper of the 26th, Hollis* of the 24th, Brooks of the 50th, Kelly of the 35th, Ricketson of the 19th, and Turner of the 34th:
A Bill to be entitled an Act to define and regulate the business of repre senting insurers other than those transacting life, health, accident, hospital, medical service and title insurance and bail bonding by indi vidual sureties; and for other purposes.
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:
FRIDAY, FEBRUARY 17, 1956
1355
Those voting in the affirmative were Messrs.:
Adams
Alien
Ayers
Barber of Colquitt
Barber of Jackson
Bentley
Birdsong
Blalock
Bloodworth
Bodenhanier
Bolton
Brannen
Galdwell
Gates
Chambers
Chastain
Cheatham:
Cheek
Clary
Cloud
Dean of Rockdale
Deen of Bacon
Duke
;
Duncan
Elder
Eyler
Flynt
Fordham
Foster
Fowler of Douglas
Frier
Garrard
Gilleland
Gillis
Green of Rabun
Greene of Crisp
Groover
Gunter
Hall
Hardaway
Harrell
Harrison of Wayne
Hawkins
Hayes
Henderson
Hogan
Houston
Huddleston
Hudson .
Hurst
Ivey
Jackson
,
Jessup
Johnson of Jenkins
Jones of Lumpkin
Kelley
Key
King of Whitfield
King of Pike
Lam
Lanier
Larkins
Lindsey
Lokey
'Long
Love
Mallory
Martin
Mashburn
Matthews
Mauldin
McCraeken
McGarity
McKenna
Mincy
Moore
Moorman
Mull
Murphey of Crawford
Murphy of Haralson
Musgrove
Odom
Parker Peacock Perkins Peters Pettey Phillips of Columbia Potts Raulerson Ray Roughton Rowland Ruark Russell Rutland Scoggin Sheffield Short Sivell Smith of Evans Smith of. Emanuel Hoke Smith of Fulton Sognier , Stephens of Clarke Stevens of Marion Stewart Strickland Stripling Tamplin Tarpley Todd Turk Twitty Underwood of
Montgomery Veal Williams Wilson of Peach Wooten Wright
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 61. By Senator Shurling of the 21st:
A Bill to be entitled an Act to amend an Act relating to mortgages, conveyances to secure debt, and liens, so as to establish liens in favor of subcontractors and in favor of mechanics and materialmen; and for other purposes.
1356
JOURNAL OP THE HOUSE,
The following Committee amendment was read and adopted:
The Committee moves to amend SB 61 by adding at the end of Paragraph No. 2 of Section No. 2 the following words:
"provided further that the words 'contractor or other person at whose instance the work was done or material was furnished' shall not include subcontractors and provided further that the sworn statement of the contractor or other person at whose instance the work was done or material was furnished shall operate to dissolve all liens given by this section."
so that Section 67-2001 of the Code of Georgia of 1933 as amended, when
amended, shall read as follows:
"67-2001. Creation of liens; work done and material furnished.
"1. All mechanics of every sort, who have taken no personal security therefor, shall, for work done and material furnished in building, repairing, or improving any real estate of their employers; all contractors and all subcontractors and all materialmen furnish ing material to subcontractors and all laborers furnishing labor to subcontractors, materialmen, and persons furnishing material for the improvement of real estate; all contractors and all subcontractors and materialmen furnishing material to subcontractors and all laborers furnishing labor for subcontractors, for building factories; furnishing material for the same, or furnishing machinery for the same; and all machinists and manufacturers of machinery, including corporations engaged in such business, who may furnish or put up in any county any steam mill or other machinery, or who may repair the same; and all contractors to build railroads, shall each have a special lien on such real estate, factories or railroads.
"2. When work done or material furnished for the improve ment of real estate is done or furnished upon the employment of a contractor or a subcontractor or some person other than the owner, the lien given by this section shall attach to the real estate improved as against such true owner for the amount of the work done or material furnished, unless such true owner shall show that such lien has been waived in writing, or shall produce the sworn statement of the contractor or other person, at whose instance the work was done or material was furnished, that the agreed price or reasonable value thereof has been paid: Provided, that in no event shall the aggregate amount of liens set up hereby exceed the contract price of the improvement made: Provided further that the words 'contractor or other person at whose instance the work was done or material was furnished' shall not include the subcontractors and provided further that the sworn statement of the contractor or other person at whose instance the work was done or material was furnished shall operate to dissolve all liens given by this section."
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 roll call was ordered and the vote was as follows:
FRIDAY, FEBRUARY 17, 1956
1357
Those voting in the affirmative were Messrs.:
Adams Ayers
Barber of Colquitt Barber of Jackson Barker Bentley Birdsong Black Blackburn Blalock Bloodworth Bodenhamer Bolton Brannen Carlisle Gates Chambers Chastain Cheatham Cheek Clary Cloud Cocke Cowart Coxwell Deal Deen of Bacon Drinkard Duke Elder English Eyler Foster Fowler of Douglas Freeman Frier Gilleland Gillis Green of Rabun
Greene of Crisp Groover
Gross of Stephens Gunter Hall Hardaway Harrell Harrison of Wayne Hawkins Henderson Hogan Houston Huddleston Hudson Hurst Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Lumpkin Jones of Laurens Kelley Key King of Whitfield King of Pike Lam Larkins Lindsey Long Mallory Martin Mashburn Mauldin McCracken McGarity McKenna Mincy Moore Moorman
Mull Murphey of Crawford Musgrove Odom Palmer Parker Peacock Peters Pettey Phillips of Columbia Potts Raulerson Ray Roughton Rowland Ruark Russell Scoggin Short Smith of Evans Hoke Smith of Fulton Souter Stevens of Marion Stewart Strickland Tamplin Tarpley Todd Truelove Turk Twitty Underwood of Bartow Underwood of
Montgomery Veal Willingham Wilson of Peach Woo ten
Those voting in the negative were Messrs.:
Fordham Matthews
Stephens of Clarke Wright
On the passage of the Bill, as amended, the ayes were 115, nays 4.
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's insistence on its position with respect to the Senate amendment there to:
1358
JOURNAL OF THE HOUSE,
HB 59. By Messrs. Strickland of Toombs, McKenna of Bibb; and others:
A Bill to be entitled an Act to amend an Act relating to arrests so as to require the arresting officer who arrests a person under a warrant to bring the accused before the person authorized to examine, commit or receive bail within 72 hours; and for other purposes.
Mr. Strickland of Toombs moved that the House insist on its position in disagreeing to the Senate amendment, and that a committee of Conference be appointed by the Speaker, 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 follbwing members: Messrs. Strickland of Toombs, McKenna of Bibb, and Hawkins of Screven.
Under the regular order of business, the following Bills and Resolution of the Senate were taken up for consideration and read the third time:
SB 89. By Senators Waters of the 41st and McDonald of the 43rd:
A Bill to be entitled an Act to amend an Act relating to employment of land processioners, and for othbr purposes.
The following substitute offered by Mr. Washington of Roughton was read and adopted:
A BILL
To be entitled an Act to amend Code Section 85-1604 of the Code, relating to employment of land processioners, as amended, by an Act approved February 25, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 202), so as to provide that under certain conditions the Ordinary may appoint a processioner from a different militia district than the one in which he ; is to serve; to provide for the applicability of this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Section 85-1604 of the Code, relating to employment of land processioners, as amended, by an Act approved February 25, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 202), is hereby amended by adding after the first sentence of said section the following:
"Provided, that in the event the Ordinary is unable to find three persons in a militia district to serve as processioners, or in the event a processioner shall disqualify himself or refuse to serve and the Ordinary is unable to find a person to serve in his place in such militia district, the Ordinary may appoint a processioner or pro cessioners, as the ease may be, from a different militia district to serve in such militia district."
so that Section 85-1604, when so amended, shall read as follows:
"85-1604. The Ordinary of each county shall, at the second term of his court in every second year, appoint three suitable persons
FRIDAY, FEBRUARY 17, 1956
1359
in every militia district in the county, who shall be processioners of land for that district until their successors are appointed. Provided, that in the event the Ordinary is unable to -find three persons in a militia district to serve as processioners, or in the event a processioner shall disqualify himself or refuse to serve and the Ordinary is unable to find a person to serve in his place in such militia dis trict, the Ordinary may appoint a processioner or processioners, as the case may be, from a different militia district to serve in such militia district. Vacancies may be filled in the same manner at any time. If none is appointed, the Ordinary shall appoint at any regular term, on the application of any landowner. The Ordinary in each county of this State shall make the appointments provided in this section, any provisions of Acts creating boards of county commissioners to the contrary notwithstanding, and any such pro visions, either express or implied, are hereby specifically repealed, and the power to appoint processioners under this section is hereby expressly removed from the board of county commissioners in each and every county of this State having such a board."
Section 2. The provisions of this Act shall be applicable to the next appointments for land processioners in each county of this State.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alien Ayers Bagby Barber of Colquitt Barber of Jackson Barker Baughman Birdsong Black Blalock
Bloodworth Bodenhamer Bolton Brown Caldwell Carlisle Gates Chambers Chastain Cheatham Cheek Clary
Cloud Cocke Coker of Cherokee Cotton Cowart Coxwell Deal Dean of Rockdale Deen of Bacon Drinkard
Duke Duncan Elder English Eyler Fain Fordham Foster Fowler of Douglas Freeman Frier Gilleland
Gillis Green of Rabun Greene of Crisp Groover Gross of Stephens Gunter Hall Hardaway Harrell Harrison of Wayne
Henderson Hodges Hogan Houston Huddleston Hudson Hurst Ivey Jackson Jessup Johnson of Jenkihs Johnson of Gilmer
1360
JOURNAL OF THE HOUSE,
Jones of Lumpkin Jones of Laurens Kelley Key Kilgore Killingsworth
King of Whitfield King of Pike Kitchens Lam Land Lanier Larkins Lindsey Lokey Long Mallory Martin Mashburn Matthews Mauldin McCracken McGarity McWhorter
Mincy Moore Moorman Mull Murphey of Crawford Murphy of Haralson Musgrove
Nightingale Parker Peacock Peters Pettey Phillips of Columbia Potts Raulerson Ray Reed Roughton Rowland Ruark Russell Rutland Sanders Scoggin
Sheffield Short Smith of Evans Smith of Emanuel Sognier Souter Stephens of Clarke Stevens of Marion Stewart Stripling Tamplin Tarpley Todd Truelove Turk Underwood of
Montgomery Veal Willingham Wilson of Peach Wooten Wright
On the passage of the Bill, by substitute, the ayes were 135, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
SB 60. By Senator Shurling of the 21st:
A Bill to be entitled an Act to amend the Code so as to require a per formance bond in favor of the State and further to require a payment bond for the use of laborers and materialmen, and for other purposes.
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 Alien Bagby Barber of Jackson Barker Birdsong Black Blackburn Blalock Bloodworth
Bodenhamer Bolton Brannen Brown Caldwell Gates Chambers Cheatham Cheek Clary
Cocke Coker of Cherokee Cowart Deal Been of Bacon Duke Elder English Eyler Fain
FRIDAY, FEBRUARY 17, 1956
1361
Flynt Fordham Foster Frier Gilleland Green of Rabun Greene of Crisp Groover
Gross of Stephens Gunter Hall Hardaway Harrell Harrison of Wayne Hawkins Hodges Hogan Holley Houston
Huddleston Hudson Hurst Ivey Jackson Jessup Johnson of Jenkins Johnson of Gilmer Jones of Lumpkin Jones of Laurens
Kelley Key Killings-worth
King of Whitfield King of Pike Kitchens Lam Land Lanier Larkins Lindsey Long Mallory Martin Mashburn Mauldin McCraeken McGarity McKenna Mincy Moore Moorman Mull Murphey of Crawford Murr Odom Palmer Peacock Perkins
Peters Pettey Phillips of Columbia Reed Rowland Ruark Sanders Sheffield Short Singer Smith of Evans Hoke Smith of Fulton Sognier Souter Stewart Strickland Tamplin Tarpley Todd Truelove Turk Underwood of Bartow Underwood of
Montgomery Williams Willingham Wilson of Towns Wooten
Those voting in the negative were Messrs.:
Barber of Colquitt Fowler of Douglas Matthews
Rutland Sivell Stephens of Clarke
Wright
On the passage of the Bill, the ayes were 115, nays 7.
The Bill, having received the requisite constitutional majority, was passed.
SR 35. By Senator Overby of the 33rd:
A Resolution creating a committee to study the advisability of con structing a building for the purpose of storing county and State records, and for other purposes.
The following Committee amendment was read and adopted:
The Committee of the House on State of the Republic moves to amend SR 35 in paragraph 7 by deleting the words: "3 members, one of whom shall be a member of the House of Representatives, to be ap pointed by the Speaker of the House of Representatives, one of whom shall be a member of the Senate, to be appointed by the President of the Senate, and the other member shall be the Secretary of State, and in serting in lieu thereof the words: "four member, two of whom shall be
1362
JOURNAL OP THE HOUSE,
members of the House of Representatives to be appointed by the Speaker, one of whom shall be a member of the Senate to be appointed by the President of the Senate and the other member shall be the Secretary of State".
The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.
On the adoption of the Resolution, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Ayers Bagby
Barber of Jackson Barker Bentley Birdsong
Blackburn Blalock Bloodworth
Bodenhamer Bolton Caldwell Carlisle Chambers Chastain Cheatham Clary Cocke
Coker of Cherokee Coxwell Dean of Rockdale Deen of Bacon Drinkard Duke Duncan Elder English Eyler Fain Flynt Fordham Foster Fowler of Douglas Frier Garrard Gilleland Gillis Greene of Crisp
Groover Gross of Stephens Gunter Hall Hardaway Harrell Harrison of Wayne Hawkins Hodges Hogan Houston Huddleston Hudson Hurst Ivey Jessup Johnson of Gilnier Jones of Lumpkin Jones of Laurens Jones of Sumter Jordan Kelley Killian King of Whitfield
Lam Land Lanier Larkins Lindsey Lokey Long Lowe Mallory Martin Mashburn Matthews Mauldin McGarity McWhorter Mincy
Moore Moorman
Mull Murphy of Haralson Murr Nightingale Odom Palmer
Peacock Peters
Pettey
\
Phillips of Columbia
Ray
Reed
:
Ruark
Sanders Scoggin
Short
Sivell Smith of Evans
Sognier
Souter Stephens of Clarke
Stewart Strickland Tamplin
Tarpley Todd Turk Twitty Underwood of Bartow
Underwood of Montgomery
Veal
Williams
Willingham Wilson of Peach
Wright
FRIDAY, FEBRUARY 17, 1956
1363
Those voting in the negative were Messrs.:
Barber of Colquitt Black
Henderson Perkins
Wooten
On the adoption of the Resolution, as amended, the ayes were 117, nays 5.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
The following Resolutions of the House were taken up for the purpose of considering the Senate amendments thereto:
HR 258. By Mr. Carlisle of Bibb: A Resolution concerning the use of the third floor of the Capitol Building for legislative purposes, and for other purposes.
The following Senate amendment was read: Senator Millican of the 52nd moves to amend HR 258 by adding in
Line 16 after the word "Speaker" the words "including the Speaker" and in Line 17 after the word "President" the words "including the President".
Mr. Carlisle of Bibb moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 103, nays 0.
The Senate amendment to HR 258 was agreed to.
HR 260. By Messrs. Moate of Hancock, Willingham of Cobb and others: A Resolution creating a committee to make a study of Jekyll Island, and for other purposes.
The following Senate amendment was read:
Senator Blalock of the 36th moves to amend HR 260 by striking in Line 16 the word "three" and inserting in lieu thereof the word "four".
Mr. Groover of Bibb moved that the House agree to the Senate amendment.
On the motion to agree, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Ayers Bagby Barber of Colquitt Barker
Birdsong Black Blackburn Blalock Bloodworth Bodenhamer
Bolton Caldwell Carlisle Gates Chambers Chastain
1364
JOURNAL OP THE HOUSE,
Cheatham Cheek Clary Cocke Coxwell Deal Dean of Rockdale Deen of Bacon Drinkard
Duncan Elder English Eyler Fain Flynt Fordham Foster Fowler of Douglas Frier Gillis Green of Rabun Greene of Crisp Groover Gross of Stephens Hall Hardaway Harrell Harrison of Wayne Hawkins Hodges Hogan Houston
Hudson
Hurst Jessup Johnson of Gilmer Jones of Lumpkin Jones of Laurens Jones of Sumter Jordan Key Killian King of Whitfield King of Pike Lam Lanier Larkins Lindsey Long Mallory Martin Mashburn Matthews Mauldin McCraeken McGarity McWhorter Mincy Moore Moorman Mull Murphey of Crawford Murphy of Haralson Murr
Odom Palmer Peters
Pettey Phillips of Columbia Potts Ray Reed Ruark Rutland Sanders Scoggin Short Sivell Smith of Evans Sognier Souter Stewart Strickland Tamplin Tarpley Todd Truelove Twitty Underwood of Bartow Underwood of
Montgomery Upshaw Veal Willingham Wilson of Peach
Voting in the negative was Mr.: Perkins
On the motion to agree, the ayes were 112, nays 1.
The Senate amendment to HR 260 was agreed to.
Under the regular order of business, the following Bill of the Senate was taken up for consideration and read the third time:
SB 58. By Senators Turner of the 34th and Harper of the 26th:
A Bill to be entitled an Act to provide for the approval of all policies of insurance by the Insurance Commissioner, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 109, nays 0.
FRIDAY, FEBRUARY 17, 1956
1365
The Bill, having received the requisite constitutional majority, was passed.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following Bills of the House to wit:
HB 237. By Messrs. Stripling of Coweta, Willingham of Cobb and Groover of Bibb:
A Bill to be entitled an Act to amend an Act relating to abandonment of children and the penalty therefor, so as to provide that said Act shall apply to illegitimate children; and for other purposes.
HB 561. By Messrs. Duke and Massee of Baldwin:
A Bill to be entitled an Act to amend an Act creating a system of juvenile courts in this State; and for other purposes.
The Senate has adopted the following Resolution of the Senate to wit:
SR 59. By Senator Zellner:
A Resolution providing for a committee of three be appointed by the President of the Senate to conduct a study of the dairy industry and the effect of milk pricing by the State Milk Control Board; and for other purposes.
Under the regular order of business, the following Bills of the Senate were taken up for consideration and read the third time:
SB 119. By Senators Turner of the 34th and Harper of the 26th:
A Bill to be entitled an Act providing that all contracts agreeing to furnish ambulance service to any person in this State shall be construed as health and accident insurance 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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Barker Birdsong Black Blackburn
Blalock Bloodworth Bolton Brannen Caldwell Carlisle
Chambers Chastain Cheatham Cheek Clary Cloud
1366
JOURNAL OF THE HOUSE,
Cocke
Coker of Cherokee
Coxwell
Dean of Rockdale
Deen of Bacon
Drinkard
Duke
Duncan
Elder
English
Eyler
Fain
Flynt
Fordham
<
Foster
Fowler of Douglas
Frier
Gilleland
Green of Rabun
Greene of Crisp
Groover
Gross of Stephens
Gunter
Hall
Harrison of Wayne
Hawkins
Hodges
Hogan
Houston
Huddleston
Hudson
Hurst
Ivey
Jessup
Johnson of Gilmer
Jones of Worth Jones of Lumpkin Jones of Laurens Jordan Kelley Key Kilgore
Killian King of Whitfield King of Pike Lam Lanier Larkins Lindsey Lokey Lowe Mallory Martin Mashburn Matthews Mauldin McCracken McGarity McKenna McWhorter
Mincy Moore Moorman Mull Murphey of Crawford Murphy of Haralson Murr Nightingale Odom Palmer
Parker Peters Phillips of Columbia Potts Raulerson Reed Roughton Rowland Ruark Rutland Sanders Sheffield Short Sivell ,. Smith of Evans Sognier Souter Stephens of Clarke Stewart Stripling Tamplin Tarpley Todd Truelove Turk Twitty Underwood of Bartow Underwood of
Montgomery Upshaw Veal Williams Willingham Wilson of Peach
Those voting in the negative were Messrs.:
Ayers
Gates
Freeman
On the passage of the Bill, the ayes were 121, nays 3.
The Bill, having received the requisite constitutional majority, was passed.
SB 152. By Senator Brooks of the 50th, Jones of the 38th and others:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, Mr. Groover of Bibb moved the ayes and nays and the call was sustained.
FRIDAY, FEBRUARY 17, 1956
1367
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Ayers
Bagby Barber of Jackson Bentley
Birdsong Black
Blackburn Blalock Bloodworth Bolton Brarinen Carlisle Gates Chambers Chastain Cheatham Cheek Clary Cloud Cocke Coker of Cherokee Coxwell Deal Dean of Rockdale Deen of Bacon
, Drinkard Duncan Elder English Eyler Fain Flynt Fordhatn Foster Fowler of Douglas
Freeman Frier Gilleland Gillis Green of Rabun
Greene of Crisp Groover Gross of Stephens Hall Harrison of Wayne Hawkins
Henderson Hodges Hogan Houston Hudson Hurst
Ivey
Jackson Jessup Jones of Worth Jones of Lumpkin Jones of Laurens Jones of Sumter Jordan Kelley Kennedy of Turner
Key Kilgore Killian King of Whitfield King of Pike
Lam Lanier Larkins Lindsey
Lowe Mallory Martin Mashburn Matthews Mauldin McGarity McKenna McWhorter Moore Moorman
Mull Murphey of Crawford Murphy of Haralson Murr
Musgrove Odom Palmer Parker Peacock Perkins Peters Pettey Phillips of Columbia
Potts Raulerson Ray Reed Roughton Ruark Rutland Sanders Sheffield
Short Sivell Smith of Evans
Sognier Stewart Stripling Tamplih
Tarpley Todd Truelove Turk Twitty Underwood of Bartow
Underwood of Montgomery
Upshaw
Veal Willingham Wooten Wright
On the passage of the Bill, the ayes were 125, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
1368
JOURNAL OF THE HOUSE,
Mr. Speaker:
The Senate has passed by substitute by the requisite constitutional majority the following Resolution of the House to wit:
HR 64-194a. By Messrs. Groover of Bibb, Lavender of Elbert, Coker of Cherokee and Chastain of Thomas:
A Resolution proposing an amendment to the Constitution so as to change the method of amending the Constitution; and for other purposes.
The Senate has adopted the report of the Committee of Conference on the following Bill of the Senate:
HB 59. By Messrs. Strickland of Toombs, Scoggin of Floyd and others:
A Bill to be entitled an Act to amend Code Chapter 27-2 relating to arrests so as to require the arresting officer who arrests a person under a warrant to bring the accused before the person authorized to examine, commit or receive bail within 72 hours; and for other purposes.
Under the regular order of business, the following Bills of the Senate were taken up for consideration and read the third time:
SB 33. By Senator Hollis of the 24th:
A Bill to be entitled an Act to provide for the continuance of cases pending in the courts of this State in which the Attorney General is of counsel when the Attorney General and his staff are occupied in aid of the business of the General Assembly, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Ayers Barber of Jackson Barker Birdsong Black Blalock Bloodworth Bolton Carlisle Gates Chambers Chastain Cheatham Cheek
Clary Cloud Cocke Coker of Cherokee Deal Deen of Bacon Drinkard Duncan Elder English Eyler Fain Flynt Fordham Foster Fowler of Douglas
Frier Gilleland Greene of Crisp Gross of Stephens Hall Harrell Harrison of Wayne Henderson Hodges Hogan Holley Houston Huddleston Hudson Hurst Ivey
FRIDAY, FEBRUARY 17, 1956
1369
Jackson Jessup Johnson of Gilmer
Jones of Lumpkin Jones of Laurens Jordan Kennedy of Turner Key King of Whitfield King of Pike Lam
Lanier Larkins Lindsey Long Lowe Mallory Martin Mashburn Matthews McCracken McKenna McWhorter Mincy
Moore Moorman Mull
Murphey of Crawford Murphy of Haralson Murr Musgrove Odom Palmer Parker Peacock
Perkins Peters Pettey Phillips of Columbia Potts Raulerson Ray Reed Roughton Rowland Ruark Russell Sanders
Sheffield Sivell Smith of Evans
Smith of Emanuel Sognier Souter Stephens of Clarke Stewart Strickland Stripling Tamplin
Tarpley Todd Truelove Turk Twitty Underwood of Bartow Underwood of
Montgomery Upshaw Willingham Wilson of Towns Wilson of Peach Wright
On the passage of the Bill, the ayes were 119, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 81. By Senators Hollis of the 24th and Overby of the 33rd:
A Bill to be entitled an Act to declare void certain judicial actions unless notice of the proceedings was given to the Attorney 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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Ayers Barber of Jackson Barker Blalock Bloodworth Bolton Caldwell Carlisle Gates
Chambers Chastain Cheatham Cheek Clary Cloud Cocke Coker of Cherokee Coxwell Deal Dean of Rockdale
Deen of Bacon
Drinkard
Duke
Duncan
Elder
'
English
Eyler
Flynt
Fordham
Foster
Fowler of Douglas
1370
JOURNAL OF THE HOUSE,
Frier Gilleland Gillis Greene of Crisp Groover Gross of Stephens Hall
Harrison of Wayne Hawkins Henderson Hodges Hogan Holley Houston Huddleston Hudsor. Hurst Ivey Jackson Jessup Johnson of Gilmer Jones of Laurens Jordan / Kennedy of Turner Key Kilgore Killian King of Whitfield King of Pike Lam Lanier
Larkins Lindsey Lokey Long Mallory Martin Mashburn
Matthews Mauldin McCracken McKenna McWhorter
Mincy Moore Moorman Mull Murphey of Crawford Murr Musgrove Nightingale Odom Palmer Parker Peacock Perkins
Peters Pettey Phillips of Columbia
Potts Raulerson Ray
Reed
Roughton
Rowland
Ruark
Rutland
Sanders
Sheffield
Sivell
Smith of Evans
Smith of Emanuel
Sognier
Souter
;
Stephens of Clarke
Stewart
Tamplin
Tarpley
Todd
Truelove
Turk
Twitty
Underwood, of
Montgomery
Upshaw
Veal
Williams
Willingham
Wilson of Towns
Wilson of Peach
Wright
On the passage of the Bill, the ayes were 123, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The following Resolution of the House was taken up for the purpose of con sidering the Senate substitute thereto:
HR 64-194a. By Messrs. Groover of Bibb, Lavender of Elbert and others:
A Resolution proposing a constitutional amendment so as to change the method of amending the Constitution, and for other purposes.
The following Senate Substitute was read:
A RESOLUTION
Proposing an amendment to the Constitution so as to change the method of amending the Constitution; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
FRIDAY, FEBRUARY 17, 1956
1371
SECTION 1.
, Article XIII, Section I, Paragraph I of the Constitution, relative to amendments to the Constitution, is hereby amended by striking said Paragraph in its entirety, and inserting in lieu thereof a new Paragraph I, to read as follows:
"Paragraph I. An amendment to this Constitution may be proposed by a resolution in the Senate or the House of Representa tives, and if the same shall be agreed to by two-thirds of the mem bers elected to each branch of the General Assembly, such proposed amendment shall be entered on the journal of each branch with the 'Ayes' and 'Nays' taken thereon. Any proposed amendment may be repealed or amended by the same General Assembly, if done so at least two months prior to'the date of the election at which such pro posed amendment is to be submitted.. :
"The Governor, the Attorney General, and the Secretary of State shall meet and determine whether a proposed amendment is general, and if not general, shall'determine what political subdivi sion or subdivisions are directly affected by such proposed amend ment. If a proposed amendment is general, the Governor shall cause such proposed amendment to be published in full once each week for three consecutive weeks immediately preceding the date of the elec.. tion at which such proposed amendment is submitted, in one news paper of general circulation in each Congressional District of the State. If such proposed amendment is not general, the Governor shall cause such proposed amendment to be published in full in one newspaper of general circulation in each county in which the directly affected political subdivision or subdivisions are located. In the event no such newspaper is located in such county, a newspaper in an adjoining county shall be used.
"Any proposed amendment which is general shall be submitted to the people of the entire State at the next general election at which members of the General Assembly are elected, and if ratified by a majority of the electors qualified to vote for members of the General Assembly voting thereon, such amendment shall become a part of this Constitution. A proposed amendment which is not general shall only be submitted to the people of the political subdivision or sub divisions directly affected. The votes of the electors in each political subdivision affected shall be counted separately in determining whether such proposed amendment is ratified, and it must be rati fied by a majority of the electors qualified to vote for members of the General Assembly voting thereon in each such political sub division before it shall become a part of this Constitution. The General Assembly, in the Resolution, shall state the language to be used in submitting the proposed amendment.
"When more than one amendment is submitted at the same time, they shall be so submitted as to enable the electors to vote on each amendment separately."
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
1372
JOURNAL OF THE HOUSE,
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 amend ment 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 Constitution so as to change the method of amending the Constitution.
"Against ratification of amendment to Constitution so as to change the method of amending the Constitution."
All persons desiring to vote in favor of adopting the proposed amend ment shall vote for ratification of the amendment, and all persons de siring 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 re turns 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 issue his proclamation thereon.
Mr. Groover of Bibb moved that the House agree to the Senate substitute.
On the motion to agree, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Ayers Barber of Jackson Barker Bentley Birdsong Black Blackburn Blalock
Bloodworth Brannen Caldwell Carlisle Cates Chambers Chastain Cheatham Cheek Clary
Cloud Cocke
Coker of Cherokee Coxwell Deal Dean of Rockdale Deen of Bacon Denmark Denson Drinkard Duke Duncan
Elder English Eyler Fain Flynt Fordham Foster Fowler of Douglas Fowler of Tift Freeman
Frier Gilleland
Gillis Green of Eabun Greene of Crisp Groover Gross of Stephens Gunter Harrell Harrison of Wayne Hawkins Henderson
Hendrix Hodges Hogan Holley Houston Huddleston Hudson Hurst Ivey Jackson
Jessup Johnson of Gilmer
FRIDAY, FEBRUARY 17, 1956
1373
Jones of Lumpkin Jones of Laurens Jones of Sumter Jordan
Kennedy of Turner Key Killian
King of Whitfield Lam Lanier Larkins Lindsey Lokey Long Love Lowe Mallory Martin Mashburn Mathis of Lowndes Matthews Mauldin McCracken McGarity McKenna McWhorter Mincy Moore
Moorman Mull Murphey of Crawford Murphy of Haralson Murr Musgrove Nightingale Odom Palmer
Parker Peacock Perkins Peters Pettey Phillips of Columbia Potts Ramsey Raulerson Ray Reed Register Rodgers Roughton Rowland Rutland Sanders Sheffield Sivell
Smith of Evans Smith of Emanuel Sognier Souter Stephens of Clarke Stewart Strickland Stripling Tanner Tarpley Todd Truelove Turk
Twitty Underwood of Bartow Underwood of
Montgomery U pshaw Veal Williams Willingham Wilson of Towns Wilson of Peach Wright Mr. Speaker
(Moate)
On the motion to agree, the ayes were 146, nays 0.
The Senate substitute to HR 64-194a was agreed to.
Under the regular order of business, the following Bills of the Senate were taken up for consideration and read the third time:
SB 153. By Senators Brooks of the 50th, Harden of the 27th and others:
A Bill to be entitled an Act to amend an Act providing revenue for paying annuities and benefits to the peace officers of Georgia, and for other purposes.
The following amendments were read and adopted:
Mr. Nightingale of Glynn moves to amend SB 153 by striking the words "or that such member has failed to take any necessary or appro priate action for such enforcement thereof" appearing in the next to last sentence in subsection (b) of Section 1 of said Bill.
Mr. Lokey moves to amend SB 153 by striking from Section 1 the last sentence of Section 1 and by adding thereto the following:
All testimony before the board hearing charges of an alleged vio lation of this Act shall be under oath and subject to the same rules of evidence as apply in the Superior Courts of Georgia. From the decision of the Board, either party may within 30 days appeal de novo to the
1374
JOURNAL OF THE HOUSE,
Superior Court in the County where the violation is alleged to have occurred.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Ayers Barber of Jackson Barker Bentley Birdsong Black Blackburn Blalock Bloodworth Brannen Gates Chastain Cheatham Cheek Clary Cloud Cocke Deal Dean of Rockdale Deen of Bacon Drinkard Duke Duncan Elder English Eyler Pain Flynt Fordham Foster Fowler of Douglas Freeman Gilleland Gillis Green of Rabun Greene of Crisp Groover Gunter Hall Hardaway Harrell
Harrison of Wayne Hawkins Henderson Hodges Hogan Holley Houston Huddleston Hudson Hurst Ivey Jackson Jessup Johnson of Gilmer Jones of Lumpkin Jones of Laurens Jordan Kennedy of Turner Key King of Whitfield King of Pike Lanier Larkins Lindsey Lowe Mallory Martin Mashburn Mathis of Lowndes Matthews Mauldin McCracken McGarity McWhorter Mincy Moore Moorman Mull Murphey of Crawford Murphy of Haralson Murr Musgrove
Odom Palmer Parker Perkins Peters Potts Ramsey Raulerson Ray Reed Register Rodgers Rowland Ruark Russell Rutland Sanders Sheffield Short Sivell Smith of Evans Smith of Emanuel Sognier Souter Stephens of Clarke Stewart Strickland Stripling Tamplin Tarpley Todd Turk
Twitty Underwood of Bartow Underwood of
Montgomery Upshaw Veal Williams Willingham Wilson of Peach Wright
FRIDAY, FEBRUARY 17, 1956
1375
Voting in the negative was Mr.: Hoke Smith of Fulton
On the passage of the Bill, as amended, the ayes were 125, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.
SB 36. By Senator Parker of the 20th:
A Bill to be entitled an Act to amend an Act establishing the State Em ployees' Retirement System so as to change the number of years of creditable service relative to eligibility for retirement from 35 to 30, and for other purposes.
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.
Blalock Bloodworth Chambers Coker of Cherokee Dean of Rockdale Deen of Bacon Duke Elder Foster Fowler of Douglas Gilleland Groover Hall Hardaway Harrison of Wayne Hogan Houston
Jackson Jessup Jones of Lumpkin Jordan Kilgore Killian King of Whitfield Larkins Lowe Martin Mashburn Mincy Mull Musgrove Parker Peacock Perkins
Peters Pettey Phillips of Columbia Raulerson Roughton Ruark Sheffield Short Smith of Evans Souter Stephens Striekland Tarpley Turk Williams Mr. Speaker (Moate)
Those voting in the negative were Messrs.:
Adams Alien Ayers Barker Birdsong Black Caldwell Chastain Cheek Clary
Drinkard Eyler Fain Fordham Freeman Frier Gillis Green of Rabun Gross of Stephens Hawkins
Henderson Hudson Ivey Johnson of Gilmer Jones of Worth Jones of Laurens Kelley Key King of Pike Land
1376
JOURNAL OF THE HOUSE,
Lanier Lokey Mallory Mauldin McCracken McKenna McWhorter Moore Moorman Murphy of Haralson
Murr Nightingale Potts Ray Russell Rutland Sivell Smith of Emanuel Hoke Smith of Fulton Sognier
Stewart Todd Underwood of
Montgomery Upshaw Veal Wilson of Peach Wright
On the passage of the Bill, the ayes were 50, nays 57.
The Bill, having failed to receive the requisite constitutional majority, was lost.
SB 37. By Senator Overby of the 33rd:
A Bill to be entitled an Act to amend an Act known as the "Building and Loan 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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Ayers Barber of Jackson Barker Bentley Birdsong Black Blalock Bloodworth Brannen Brown Caldwell
Gates Chambers Cheatham Cheek Clary Cloud Cocke Coker of Cherokee Deal Dean of Rockdale Deen of Bacon Drinkard
Duke Duncan Elder English Eyler Fain Flynt Fordham Foster Fowler of Douglas Freeman Frier Gillis Green of Rabun Greene of Crisp Groover Gross of Stephens Hall Hardaway Harrell Harrison of Wayne Hawkins Henderson Hodges Hogan
Houston Hudson Ivey Jackson Johnson of Gilmer Jones of Worth Jones of Lumpkin Jones of Laurens
Jordan Kelley Kennedy of Turner Key Kilgore Killian King of Whitfield King of Pike Land Lanier Larkins Lindsey Lokey Lowe Mallory Martin Mashburn
FRIDAY, FEBRUARY 17, 1956
1377
Mauldin McCracken McGarity McKenna McWhorter Mincy Moorman Murphey of Crawford Murphy of Haralson Murr Musgrove Nightingale Odom Palmer Parker Peacock Perkins Peters
Phillips of Columbia Ramsey Raulerson Ray Reed Rodgers Roughton Rowland
Ruark Russell Rutland
Sanders Sheffield Sivell Smith of Evans Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton
Sognier Souter
Stephens of Clarke Stewart Strickland Tamplin Tarpley Todd Twitty Underwood of Bartow Underwood of
Montgomery Upshaw Williams Willingham Wilson of Peach Wright
Voting in the negative was Mr.: Chastain
On the passage of the Bill, the ayes were 127, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
SB 125. By Senator McBride of the 10th:
A Bill to be entitled an Act to provide for the regulation of the sale of livestock at auction; and for other purposes.
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 Alien Ayers Barber of Jackson Barker Birdsong Black Blackburn Blalock Bloodworth Brannen Caldwell Gates Chambers
Chastain Cheek Clary Cloud Cocke Coker of Cherokee
Deal Dean of Rockdale Deen of Bacon Drinkard Duke Duncan Elder English
Fain Flynt Fordham Foster Fowler of Douglas
Freeman Frier Gilleland Gillis Green of Rabun Greene of Crisp Gross of Stephens Hardaway Harrell
1378
JOURNAL OF THE HOUSE,
Harrison of Wayne Hawkins
Henderson Hodges Hogan Holley Houston
Huddleston Hudson Hurst Ivey Jessup Johnson of Gilmer Jones of Worth Jones of Lumpkin Jones of Laurens Jordan Kelley Kennedy of Turner Key Kilgore King of Whitfield King of Pike Land Lanier Larkins Lavender Lindsey
Lokey Lowe Mallory Mashburn
Mathis of Lowndes McCracken
McGarity McKenna
McWhorter Mincy Moore Moorman Mull Murphey of Crawford Murr Musgrove Odom Palmer Parker Peacock Perkins Peters Pettey Phillips of Columbia Raulerson Ray Register Rodgers
Roughton Rowland Ruark Sanders Sheffield Short Sivell Smith of Evans Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton Sognier Stephens Stewart Strickland Tamplin Tarpley Todd Turk Twitty Underwood of
Montgomery
Veal Williams Willingham Wilson of Peach
Voting in the negative was Mr.: Martin
On the passage of the Bill, the ayes were 123, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
The following Resolution of the Senate was read and adopted:
SR 30. By Senators Harden of the 27th and Overby of the 33rd: A Resolution relating to the All-South Centennial Committee of Georgia, and for other purposes.
The following Bills of the House were taken up for the purpose of considering the Senate amendments thereto:
HB 561. By Messrs. Duke and Massee of Baldwin:
A Bill to be entitled an Act to amend an Act creating a system of juvenile courts in this State, and for other purposes.
The following Senate amendment was read:
FRIDAY, FEBRUARY 17, 1956
1379
The Senate moves to amend HB 561 by striking from Section 1 the following:
"provided, however, that the release or parole of any juvenile committed to any State Training School under the terms of this Act shall be with the concurrence and recommendation of the Super intendent", and inserting in lieu thereof the following:
"provided, however, that the release or parole of any juvenile committed to any State Training School under the terms of this Act, during the period of one year from the date of commitment, shall be had only with the concurrence and recommendation of the Superintendent. After the expiration of one year from the date of commitment, the committing court may order the release of such juvenile with or without such recommendation of the Superintendent, provided, however, the terms of this Act shall be effective only as to commitments made after the effective date of this Act."
Mr. Duke of Baldwin moved that the House agree to the Senate amendment.
On the motion to agree, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Ayers Barber of Jackson Barker Bentley Birdsong Black Blalock Bloodworth Brannen Carlisle Gates Chastain Cheek Clary Cocke Coker of Cherokee Dean of Rockdale Deen of Bacon Drinkard Duke Duncan Elder English Fain Flynt Foster Fowler of Douglas Freeman Frier Gilleland Gillis
Green of Rabun Greene of Crisp Gross of Stephens Hall Hardaway Harrell Harrison of Wayne Hawkins Hodges Hogan Huddleston Hudson Hurst Ivey Jackson Johnson of Gilmer Jones of Lumpkin Jones of Laurens Jordan Kennedy of Turner Key King of Pike Land Lanier Larkins Lindsey Lowe Mallory Mashburn Mathis of Lowndes Matthews
McCracken McGarity McKenna McWhorter Mincy Moore Moorman Murphey of Crawford Murr Musgrove Nightingale
Odom Palmer Parker Peacock Perkins Peters Phillips of Columbia Potts Raulerson
Ray Reed Register Rodgers Roughton Rowland Ruark Rutland Sheffield Sivell Smith of Evans
1380
JOURNAL OF THE HOUSE,
Smith of Emanuel M. M. Smith of Fulton Sognier Souter Stephens of Clarke Stewart Strickland
Tamplin
Tarpley Todd Turk Twitty Underwood of Bartow Underwood of
Montgomery Veal Williams Willingham Wilson of Peach Wooten Wright
On the motion to agree, the ayes were 113, nays 0.
The Senate amendment to HB 561 was agreed to.
HB 237. By Messrs. Stripling of Coweta, Willingham of Cobb and Groover of Bibb:
A Bill to be entitled an Act to amend an Act relating to abandonment of children so as to provide that said Act shall apply to illegitimate chil dren, and for other purposes.
The following Senate amendment was read:
The Senate moves to amend HB 237 by adding in line 10 of the quoted paragraph, before words "shall be considered" the word "mother".
Mr. Odom of Camden moved that the House agree to the Senate amendment. On the motion to agree, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Bagby Barber of Jackson Barker Bentley Birdsong Black Blalock Bloodworth Brannen Caldwell Gates Chambers Chastain Cheatham Cheek Clary Cloud Cocke Coker of Cherokee Deal Dean of Eockdale Deen of Bacon Drinkard Duke
Duncan Elder English Fain Flynt Foster Fowler of Douglas Frier Gilleland Green of Rabun Groover Gross of Stephens Gunter Hall Hardaway Harrell Harrison of Wayne Hawkins Hodges Hogan Holley Huddleston Hudson
Hurst
Ivey Jackson Jessup Johnson of Gilmer Jones of Lumpkin Jones of Laurens Key Killian King of Pike Land Larkins Lindsey Lokey Lowe Mallory Martin Mashburn Mathis of Lowndes Matthews McCracken McGarity McWhorter Mincy Moore
FRIDAY, FEBRUARY 17, 1956
1381
Moorman Murphey of Crawford Murr Musgrove Nightingale Odom Palmer Parker Peacock
Perkins Peters Pettey
Phillips of Columbia Potts Ramsey Raulerson
Reed Register Rodgers Roughton Rowland Ruark Rutland Sanders Sheffield
Short Smith of Evans Smith of Emanuel
Hoke Smith of Fulton M. M. Smith of Fulton Sognier Souter
Stephens of Clarke Stewart Strickland Tamplin Tarpley Todd Turk Twitty Underwood of Bartow
Upshaw Williams Willingham
Wilson of Towns Wilson of Peach Wright
Those voting in the negative were Messrs.:
McKenna
Russell
On the motion to agree, the ayes were 119, nays 2.
The Senate amendment to HB 237 was agreed to.
The following Resolution of the House was read and adopted:
HR 272. By Mr. Groover of Bibb:
A RESOLUTION
BE IT RESOLVED by the House of Representatives, the Senate concurring, that this House do stand adjourned sine die, 7:00 o'clock, p.m., Friday, February 17, 1956.
The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:
HB 59. By Messrs. Strickland of Toombs, Scoggin of Floyd and others:
A Bill to be entitled an Act to amend the Code so as to require the arresting officer to bring the accused before the person authorized to examine, commit or receive bail within 72 hours, and for other purposes.
The following report of the Committee of Conference was read: Mr. President Mr. Speaker Your Committee on HB 59 recommend the following: That both House and Senate recede from their position and in lieu of
1382
JOURNAL OF THE HOUSE,
72 hours as shown in the Senate Amendment, the figure 48 hours be inserted and the House with this change adopt the Senate amendment.
On the part of the Senate /s/ Davis of 42nd /a/ Hollis of 24th /s/ Steis of 25th
On the part of the House /s/ Strickland of Toombs /s/ Hawkins of Screven /s/ McKenna of Bibb
Mr. Strickland of Toombs moved that the report be adopted.
On the motion to adopt, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alien Ayers Barber of Jackson Barker Birdsong Black Blalock Bloodworth Brannen Caldwell Carlisle Gates Chastain Cheek Clary Cloud Cocke Coker of Cherokee Deal Dean of Rockdale Deen of Bacon Drinkard Duke Duncan Elder English Fain Flynt Foster Fowler of Douglas Freeman Frier Gilleland Green of Rabun Groover Gross of Stephens Gunter
Hall Hardaway Harrell Hawkins Henderson Hodges Hogan Huddleston Hudson Hurst Ivey Jackson Jessup Jones of Lumpkin Jones of Laurens Kelley Key Kilgore Killian King of Pike Lanier Larkins Lindsey Lokey Lowe Mallory Martin Mashburn Matthews McGarity McKenna McWhorter Moore Moorman Murphey of Crawford Murphy of Haralson Musgrove
Nightingale Odom Palmer Parker Perkins Peters Pettey Phillips of Columbia Potts Raulerson Ray Reed Roughton Rowland Ruark Russell Rutland Sheffield Short. Smith of Evans Smith of Emanuel M. M. Smith of Fulton
Sognier Souter Stewart Strickland Tamplin Tarpley Todd Underwood of Bartow
Underwood of Montgomery
Upshaw Veal Willingham Wilson of Peach Wright
FRIDAY, FEBRUARY 17, 1956
1383
On the motion to adopt the report, the ayes were 110, nays 0.
The report of the Committee of Conference on HB 59 was adopted.
Under the regular order of business, the following Bills of the Senate were taken up for consideration and read the third time:
SB 15. By Senators Dean of the 40th, Matthews of the 47th and Chance of the 51st:
A Bill to be entitled an Act to regulate the sale of coal, and for other purposes.
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.:
Ayers Barber of Jackson Barker Birdsong Blackburn Gates Cocke Deal Dean of Rockdale Duke Flynt Fordham Fowler of Douglas Frier Gilleland Greene of Crisp Hall Hardaway Hawkins Hodges Hudson
Ivey
Jackson Jessup
Jones of Lumpkin Key King of Pike Lanier Larkins Lowe Mashburn Mathis of Lowndes Matthews Mauldin McCracken McGarity Moore Moorman Murphey of Crawford Murphy of Haralson Odom Palmer Peacock Peters Pettey Phillips of Columbia Ray Register
Rodgers Roughton Rowland Ruark Russell Rutland Sheffield Short Smith of Evans Smith of Emanuel M. M. Smith of Fulton Souter Stephens of Clarke Stewart Tamplin Tarpley Twitty Underwood of Bartow
Underwood of Montgomery
Upshaw Wilson of Towns Wilson of Peach
Those voting in the negative were Messrs.:
Adams Black Caldwell Chambers
Cheek Cloud
Coker of Cherokee Deen of Bacon Drinkard Elder Fain Freeman
Green of Rabun Harrell Henderson Hogan Jones of Laurens Killian
1384
JOURNAL OF THE HOUSE,
Lokey Mallory McKenna McWhorter Murr
Musgrove Nightingale Perkins Raulerson Reed
Sivell Sognier Todd Veal Wright
On the passage of the Bill, the ayes were 70, nays 33.
The Bill, having failed to receive the requisite constitutional majority, was lost.
SB 47. By Senator Overby of the 33rd:
A Bill to be entitled an Act to amend the Code so as to provide that no drugs shall be sold by vending 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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alien Ayers Barker Birdsong Black Blackburn Blalock Brown Caldwell Chambers Chastain Cheek Clary Cloud Cocke Coker of Cherokee Coxwell Deal Dean of Rockdale Deen of Bacon Drinkard Duke Duncan Elder English Fain Flynt Foster Fowler of Douglas Freeman
Frier Gilleland Green of Rabun Greene of Crisp Groover Gross of Stephens Gunter Hall Hardaway Hawkins Henderson Hodges Hogan Holley Hudson Hurst Jessup Johnson of Gilmer Jones of Lumpkin Jones of Laurens Kelley Kennedy of Turner Kilgore Killian King of Pike Land Lanier Larkins Lindsey Lowe
Mallory Martin Mashburn Mathis of Lowndes Matthews McCracken McGarity McKelvey McKenna McWhorter Mobley Moore Moorman Mull Murphey of Crawford Murphy of Haralson Murr Nightingale Odom Palmer Parker Peacock Perkins Peters Pettey Phillips of Columbia
Potts Raulerson Ray Reed
FRIDAY, FEBRUARY 17, 1956
1385
Register Roughton Ruark Russell Rutland Sanders Short Sivell Smith of Evans Smith of Emanuel
Sognier Souter Stephens of Clarke Stewart Strickland Tamplin Tarpley Todd Truelove Twitty
Underwood of Bartow Underwood of
Montgomery Upshaw Veal Williams Willingham Wilson of Towns Wilson of Peach
Voting in the negative was Mr.: Carlisle
On the passage of the Bill, the ayes were 118, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following Bill of the House to wit:
HB 205. By Messrs. Kennedy of Turner, Foster of Clayton, Blalock of Clayton, and many others:
A Bill to be entitled an Act to amend Section 84-1401 of the Code, relating to the applicability of the real estate licensing law, as amended so as to provide that such law shall be statewide in application; to pro vide that certain persons may obtain a license without examination when certain counties come under the jurisdiction of the Real Estate Commission; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 205. By Messrs. Kennedy of Turner, Foster of Clayton and others:
A Bill to be entitled an Act to amend the Code relating to the real estate licensing law, and for other purposes.
The following Senate amendment was read:
The Senate moves to amend HB 205 by adding a new paragraph to read as follows: "The provisions of this Act shall not apply to regular licensed practicing attorneys where the transaction involves the rela tion of attorney and client."
Mr. Kennedy of Turner moved that the House agree to the Senate amend ment.
1386
JOURNAL OP THE HOUSE,
On the motion to agree, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Ayers
Barber of Jackson Barker Birdsong
Black Blackburn Blalock Brown Caldwell Carlisle
Gates Chambers Chastain Cheek Clary Cloud Coker of Cherokee Deal Dean of Rockdale Deen of Bacon Drinkard Duke Duncan Elder English Fain
Flynt Fordham Foster Fowler of Douglas Freeman Frier
Gilleland Green of Rockdale Groover Gross of Stephens Hardaway
Hawkins Henderson Hodges Hogan Holley Huddleston Hudson Jackson Jessup Johnson of Gilmer Jones of Lumpkin Jones of Laurens Kelley Key Kins of Pike Land Lanier Larkins Lindsey Lowe Mallory Martin Mashburn Mathis of Lowndes Matthews Mauldin McCracken McGarity McWhorter Mobley Moore Murphey of Crawford Murphy of Haralson Musgrove Odom Palmer Parker Peacock Perkins
Peters
Phillips of Columbia Potts Raulerson Ray Reed Register Rodgers Roughton Rowland Ruark Russell Rutland Sanders Scoggin Sheffield Short Smith of Evans Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton Sognier Stewart Strickland Tamplin Tarpley Twitty Underwood of
Montgomery Upshaw Veal Williams Willingham Wilson of Towns Wilson of Peach Mr. Speaker
(Moate)
Voting in the negative was Mr.: Sivell
On the motion to agree, the ayes were 113, nays 1.
The Senate amendment to HB 205 was agreed to.
Under the regular order of business, the following Bills of the Senate were taken up for consideration and read the third time:
FRIDAY, FEBRUARY 17, 1956
1387
SB 48. By Senator Matthews of the 47th:
A Bill to be entitled an Act to amend an Act establishing a retirement system for certain teachers in the public school system, and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Ayers Bagby Barber of Jackson Barker Birdsong Black Blackburn Blalock Campbell Carlisle Chambers Chastain Clary Cloud Coker of Cherokee Coker of Walker Deal Dean of Rockdale Deen of Bacon Denmark Dozier Drinkard Duke Elder English Fain Fordham Foster Fowler of Douglas Freeman Frier Gilleland Green of Rabun Greene of Crisp Groover Gross of Stephens Gunter
Hall Hardaway Hawkins Henderson Hodges Hogan Huddleston Hudson Hurst Jackson Jessup Johnson of Gilmer Jones of Lumpkin Jones of Laurens Jordan Kelley Key King of Pike Land Lanier Larkins Lindsey Martin Mashburn Matheson of Hart Mathis of Lowndes Matthews Mauldin McCracken McGarity McKenna McWhorter Moore Mull Murphey of Crawford Murphy of Haralson Musgrove Odom Palmer
Parker Peacock Perkins Peters Phillips of Columbia Potts Raulerson Ray Register Roughton Ruark Russell Rutland Sheffield Smith of Evans Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton Sognier Stephens of Clarke Stewart Stripling Tamplin Tarpley Todd Turk Twitty Underwood of
Montgomery Upshaw Veal Williams Willingham Willis Wilson of Towns Wilson of Peach
Wright Mr. Speaker
(Moate)
On the passage of the Bill, the ayes were 115, nays 0.
1388
JOURNAL OP THE HOUSE,
The Bill, having received the requisite constitutional majority, was passed.
SB 99. By Senators Harper of the 26th and Turner of the 34th:
A Bill to be entitled an Act to amend the Code relating to participation by policy holders in the net profits of insurance companies, and for other purposes.
The following amendment was read and adopted:
Mr. Russell of Barrow moves to amend SB 99 by striking the num ber 52-216 and inserting in lieu thereof the number 56-216.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Ayers Bagby Barber of Jackson Barker Birdsong Black Blackburn Blalock Campbell Carlisle Gates Chambers Chastain Cheek Clary Cloud Coker of Cherokee Coker of Walker Deal Dean of Rockdale Deen of Bacon Duke English Fain Fordham Foster Fowler of Douglas Freeman Frier Gilleland Gillis Green of Rabun
Greene of Crisp Groover Hall Hardaway Harrison of Wayne Hawkins Henderson Hodges Hogan Holley Huddleston Hudson Hurst Jackson Jessup Johnson of Gilmer Jones of Lumpkin Jones of Laurens Jordan Kelley Kennedy of Turner Key Killian King of Pike Land Lanier Larkins Lowe Martin Mashburn Matheson of Hart Mathis of Lowndes Matthews Mauldin
McCracken McGarity Mincy Moore Mull Murphey of Crawford Murphy of Haralson Musgrove Odom Palmer Parker Peacock Perkins Peters Phillips of Columbia Raulerson Ray Register Rodgers Roughton Rowland Rutland Sanders Scoggin Sheffield Sivell Smith of Evans Smith of Emanuel M. M. Smith of Fulton Stephens of Clarke Stewart Tamplin Tarpley Todd
FRIDAY, FEBRUARY 17, 1956
1389
Turk Twitty Underwood of Bartow Underwood of
Montgomery Upshaw Veal Willingham
Wilson of Towns Wilson of Peach Wright
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.
Mr. Fowler of Douglas gave notice that at the proper time he would move that the House reconsider its action in passing SB 99.
SB 139. By Senator Overby of the 33rd:
A Bill to be entitled an Act to define debt adjusting, and for other purposes.
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 Alien Ayers Bagby Barber of Jackson Barker Bentley Birdsong Black Blackburn Blalock Bodenhamer Brannen Caldwell Chambers Chastain Clary Cloud Coker of Cherokee Cornelius Deal Deen of Bacon Duke Elder English Fain Fordham Foster
Fowler of Douglas Freeman Frier Gilleland Gillis Green of Rabun Groover Gross of Stephens Gunter Hall Hardaway Harrell Hawkins Henderson Hodges Hogan Hudson Hurst Jackson Jessup Johnson of Gilmer Jones of Lumpkin Jones of Laurens Jordan Kennedy of Turner Key Killian King of Pike
Kitchens Land Lanier Larkins Lokey Lowe Mallory Martin Mashburn Matthews Mauldin McCracken McKelvey McKenna McWhorter Moore Mull Murphey of Crawford Murphy of Haralson Murr Musgrove Odom Palmer Parker Peacock Perkins Peters Phillips of Columbia
1390
JOURNAL OF THE HOUSE,
Potts Raulerson Ray Reed Roughton Rowland Rutland Sanders Scoggin Sheffield Sivell
Smith of Evans Smith of Emanuel Hoke Smith of Fulton Sognier Stephens of Clarke Stewart Strickland Tamplin Tarpley Todd Turk
Twitty Underwood of
Montgomery Veal Williams Willingham Wilson of Towns Wilson of Peach Wright
On the passage of the Bill, the ayes were 114, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Mr. Fowler of Douglas asked unanimous consent that the House reconsider its action in passing the following Bill of the Senate:
SB 99. By Senators Harper of the 26th and Turner of the 34th:
A Bill to be entitled an Act to amend the Code relating to participation by policyholders in the net profits of insurance companies, and for other purposes.
The unanimous consent request was granted and the House reconsidered its action in passing SB 99.
Under the regular order of business, the following Bill of the Senate was again taken up for consideration:
SB 99. By Senators Harper of the 26th and Turner of the 34th:
A Bill to be entitled an Act to amend the Code relating to participation by Policyholders in the net profits of insurance companies, and for other purposes.
An amendment offered by Mr. Russell of Barrow 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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Ayers Bagby Barker Birdsong
Black Blackburn Blalock Bloodworth Caldwell Carlisle
Gates Chambers Chastain Clary Cloud Coker of Cherokee
FRIDAY, FEBRUARY 17, 1956
1391
Deal Deen of Rockdale Duke Elder English Eyler Fain Flynt Foster
Fowler of Douglas Freeman Frier Gilleland Gillis Green of Rabun Greene of Crisp Groover Gross of Stephens Hardaway Harrell Hawkins Henderson Hodges Hogan Holley Hudson Hurst Jackson Jessup Johnson of Gilmer Jones of Lumpkin Jones of Laurens Jordan Kelley
Key Killian King of Pike Kitchens Lanier Larkins Lindsey Lokey Lowe Mallory Martin Mashburn Mathis of Lowndes Matthews Mauldin McCracken McKenna McWhorter Mincy Moore Mull Murphey of Crawford Murphy of Haralson Musgrove Odom Palmer Parker Peacock Perkins Peters Potts Raulerson Ray Reed
Register Rodgers Roughton Rowland Russell Rutland Sanders Scoggin Sheffield Sivell Smith of Evans Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton Sognier Stephens of Clarke Stewart Tamplin Tarpley Todd Turk Twitty Underwood of Bartow Underwood of
Montgomery Upshaw Veal Williams Willingham Willis Wilson of Towns Wright
On the passage of the Bill, the ayes were 117, nays 0. The Bill, having received the requisite constitutional majority, was passed.
SB 135. By Senator Overby of the 33rd:
A Bill to be entitled an Act to repeal Section 84-1422 of the Code relating to nonresident real estate brokers, and for other purposes.
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 Alien
Ayers Bagby
Barber of Jackson Barker
1392
JOURNAL OF THE HOUSE,
Bentley Birdsong Black Blalock Caldwell Gates Chambers Chastain Cheatham Clary Coker of Cherokee Deen of Bacon Duke Elder English Eyler Fain Foster Fowler of Douglas Frier Gilleland Green of Rabun Greene of Crisp Groover Gross of Stephens Hardaway Harrison of Wayne Hawkins Henderson
Hodges Hogan Holley Huddleston Hudson Hurst
Jackson Jcssup Johnson of Gilmer Jones of Lumpkin Jones of Laurens Kelley Kennedy of Turner Key Killian King of Pike
Kitchens Lanier Larkins Long Lowe Martin Mashburn Matthews Mauldin McCracken McKenna Mincy Moore Moorman Murphey of Crawford Murphy of Haralson Murr Musgrove Odom Palmer Parker Peacock Pelham Perkins Peters
Phillips of Columbia Potts Raulerson Ray Reed Roughton Rowland
Rutland Sanders Scoggin Sheffield Sivell Smith of Evans Smith of Emanuel Sognier Stephens of Clarke
Stewart Strickland Tamplin Tarpley Todd Truelove Turk Twitty Underwood of
Montgomery Veal Willingham Willis Wilson of Towns Wilson of Peach
Wright Mr. Speaker
(Moate)
Those voting in the negative were Messrs.:
Carlisle
Gunter
Williams
On the passage of the Bill, the ayes were 108, nays 3.
The Bill, having received the requisite constitutional majority, was passed.
SB 101. By Senators Harden of the 27th and Coffin of the llth: A Bill to be entitled an Act to create the Georgia Board of Landscape Architects, and for other purposes.
Mr. Parker of Appling moved the previous question and the motion prevailed.
The previous question was ordered.
Mr. Williams of Hall moved that further consideration of SB 101 be post poned indefinitely.
FRIDAY, FEBRUARY 17, 1956
1393
The motion to postpone indefinitely was lost.
The following amendment was read and adopted:
Mr. Veal of Putnam moves to amend SB 101 by striking Section 11 from said Bill and inserting in lieu thereof the following: "Subject to the rules and regulations governing examinations, any person over 21 years of age, who has had six years of training and experience in the actual practice of landscape architecture, or who shall have completed four years of study in a school of landscape architecture approved by the Board and obtained a degree therefrom, shall be entitled to take an examination for a certificate to practice landscape architecture, under the terms 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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alien Barber of Jackson Bird song Campbell Carlisle Gates Chambers Clary Coker of Cherokee Coker of Walker Deal Dean of Rockdale Deen of Bacon Duke Elder Fordham Fowler of Douglas Gilleland Gillis Green of Rabun Groover Harrison of Wayne Hawkins Henderson Hodges
Hogan Ivey Jessup Jones of Laurens Kennedy of Turner Killian Lanier Larkins Lindsey Lokey Love Lowe Mallory Martin Mashburn Mathis of Lowndes Matthews Mauldin McCracken Moorman Murphey of Crawford Murphy of Haralson Musgrove Odom Parker
Peters Pettey Phillips of Columbia Register Rodgers Roughton Rutland Sanders Scoggin Sheffield Smith of Evans Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton Sognier Stephens of Clarke Tamplin Tarpley Turk Twitty Underwood of Bartow Upshaw Veal Wilson of Towns Wright
Those voting in the negative were Messrs.:
Ayers Bagby Barker Black
Chastain English Fain Frier
Gross of Stephens Huddleston Hudson Jackson
1394
JOURNAL OP THE HOUSE,
Johnson of Gilmer Jordan Kilgore McWhorter Moore Murr
Perkins Potts Raulerson Ray Reed Rowland
Sivell Underwood of
Montgomery Williams Willingham
On the passage of the Bill, as amended, the ayes were 75, nays 28.
The Bill, having failed to receive the requisite constitutional majority, was lost.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following Bills of the House to wit:
HB 383. By Messrs. Stripling of Coweta and Willingham of Cobh:
A Bill to be entitled an Act to improve and extend by reciprocal legisla tion the enforcement of duties of support and to make uniform the law with respect thereto; and for other purposes.
HB 601. By Messrs. Groover of Bibb and Blalock of Clayton:
A Bill to be entitled an Act to define criminal acts and to impose civil and criminal penalties with respect to the unauthorized possession, use, custody, control, exchange, transportation, or concealment of any un authorized, false, counterfeit, forged, or altered revenue stamp or mark ing, and for other purposes.
HB 274. By Mr. Lanier of Candler:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety, and providing for the issuance, suspension and revo cation of driver's licenses; and for other purposes.
The following Bills of the House were taken up for the purpose of consider ing the Senate amendments thereto:
HB 601. By Messrs. Groover of Bibb and Blalock of Clayton:
A Bill to be entitled an Act to define criminal acts with respect to coun terfeiting revenue stamps, and for other purposes.
The following Senate amendments were read: The Senate moves to amend HB 601 by striking Section 2 thereof
and inserting a new Section 2 to read as follows:
SECTION 2. Any contraband article, as herein defined, or any vessel, vehicle,
FRIDAY, FEBRUARY 17, 1956
1395
aircraft, or other conveyance which has been or is being used in violation of any provision of this Act, or in, upon, or by means of which any violation has taken or is taking place, shall be seized by any law en forcement officer or revenue officer of the State of Georgia, without a warrant, and forthwith shall be delivered to the State Revenue Commis sioner who shall post a notice of such seizure for a period of ten (10) days in a prominent place in the courthouse of the county in which such seizure occurred, stating that a decision as to seizure and forfeiture will be made by the State Revenue Commissioner at the expiration of said ten (10) day period, and such notice shall act as a bar against any person subsequently asserting a claim of any interest existing in such article at the time of seizure, and, upon determining that such article is contraband and that seizure and forfeiture is in accordance with the provisions of this Act the said Revenue Commissioner shall direct the disposition or destruction of same as he may deem appropriate, and the proceeds of any sale of any such seized property conducted by the Com missioner of Revenue in his discretion as he may direct shall be de livered to the State Treasurer; Provided, That no vessel, vehicle, air craft, or other conveyance used in the transaction of business as a com mon carrier shall be forfeited under the provisions of this Act unless it shall appear that (1) in the case of a railway car or engine, the owner, or (2) in the case of any other such vessel, vehicle, aircraft, or other conveyance, the owner or the master of such vessel or the owner or conductor, driver, pilot, or other person in charge of such vehicle, aircraft, or other conveyance, was at the time of the alleged illegal act a consenting party or privy thereto: Provided further, That no vessel, vehicle, aircraft or other conveyance shall be forfeited under the pro visions of this Act by reason of any act or omission shown by the owner thereof to have been committed or omitted by any person other than such owner while such vessel, vehicle, aircraft, or other conveyance was unlawfully in the possession of a person who acquired possession thereof in violation of the criminal laws of the United States, or of any State.
The Senate Committee on General Judiciary moves to amend HB 601 by adding a new paragraph 9 and renumbering present Section 9 to be denominated Section 10, said new Section 9 to read as follows:
Section 9. The owner of any property subject to forfeiture under this Act may test the legality of any forfeiture herein pro vided by filing in the Superior Court in the county in which such property was seized within ten (10) days after such seizure an affidavit of illegality against the State Revenue Commissioner in the manner and form prescribed by law for testing the legality of tax fi. fas.
Section 10. 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 roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien
Ayers Bagby
Barber of Jackson Barker
1396
JOURNAL OF THE HOUSE,
Bentley Birdsong Black Blackburn Blalock Carlisle Gates Chambers Cheek Clary Coker of Cherokee Deal Dean of Rockdale Deen of Bacon Dozier Duke Edenfield Elder English Eyler Fain Fordham Foster Fowler of Douglas Frier Gilleland Gillis Green of Rabun Greene of Crisp Groover Gross of Stephens Hardaway Harrell
Hawkins Henderson Hodges Hogan Holley Hudson Jackson Jessup Johnson of Gilmer Jones of Laurens Jordan Kelley Kennedy of Turner Key Killian King of Pike Land Lanier Larkins Lindsey Lowe Mallory Mashburn Matthews Mauldin McCracken McKenna McWhorter Moore Moorman Mull Murphey of Crawford Murphy of Haralson
Musgrove Nightingale Odom Palmer Parker Peters Pettey Phillips of Columbia Potts Raulerson Ray Reed Roughton Rowland Rutland Sanders Sivell Smith of Evans Smith of Emanuel M. M. Smith of Fulton Sognier Stewart Strickland Tamplin Tarpley Twitty Underwood of
Montgomery Upshaw Veal Willingham Wilson of Towns Wilson of Peach
On the motion to agree, the ayes were 104, nays 0.
The Senate amendments to HB 601 were agreed to,
HB 383. By Messrs. Stripling of Coweta and Willingham of Cobb: A Bill to be entitled an Act to improve by reciprocal legislation the enforcement of duties of support, and for other purposes.
The following Senate amendment was read: Senator Page of the 1st moves to amend HB 383 by adding in Sec
tion 10 between the words "assistant" and "who", the words "for the entire circuit".
Mr. Killian of Glynn moved that the House agree to the Senate amendment.
On the motion to agree, the roll call was ordered and the vote was as follows:
FRIDAY, FEBRUARY 17, 1956
1397
Those voting in the affirmative were Messrs.:
Adams Alien Ayers Bagby Barber of Jackson Barker Bentley Black Blalock Carlisle Chambers Cheatham Clary Cloud Coker of Cherokee Deal Dean of Rockdale Deen of Bacon Duke Elder English Eyler Fain Fordham Foster Fowler of Douglas Freeman Frier Gilleland Gillis Green of Rabun Greene of Crisp Groover Gross of Stephens Hall
Hardaway Harrell Harrison of Wayne Hawkins Henderson Hodges Hogan Hudson Jackson Jessup Johnson of Gilmer Jones of Laurens Jordan Kennedy of Turner Key Killian King of Pike Kitchens Land Lanier Larkins Lindsey Lowe Mallory Mashburn Matthews Mauldin McCracken McKenna McWhorter Moore Murphey of Crawford Murphy of Haralson Musgrove Nightingale
Odom Palmer Parker Peters Pettey Phillips of Columbia Potts
Raulerson Ray Reed
Roughton Rowland
Sanders Scoggin Sivell Smith of Evans Smith of Emanuel M. M. Smith of Fulton Sognier Stephens of Clarke Stewart Strickland Tamplin Tarpley Todd Twitty Upshaw Veal Willingham Willis Wilson of Towns Wilson of Peach Wright
On the motion to agree, the ayes were 103, nays 0.
The Senate amendment to HB 383 was agreed to.
HB 274. By Mr. Lanier of Candler:
A Bill to be entitled an Act to amend an Act providing for the issuance of drivers' licenses, and for other purposes.
The following Senate amendment was read:
The Senate moves to amend HB 274 as follows:
By adding a new paragraph at the end of Section 2 to read as follows: "Every person operating the motor vehicles described in Sec tion 1, including the parents of such operators and all owners thereof shall be deemed to be owning or operating the same under the "Family
1398
JOURNAL OF THE HOUSE,
Purposes Automobile Doctrine"; and every parent or owner thereof shall be liable in tort for damages on account of the negligent operation of any such vehicle by the person licensed under this Act. No such license shall be issued for the operation of any such vehicle to any person provided for in this Act until and unless such vehicle shall be covered by liability insurance or surety bond in the same amount as is now required under the laws relating to "Motor Vehicle Safety Responsi bility".
Mr. Lanier of Candler moved that the House agree to the Senate amendment.
Mr. Lanier of Candler withdrew his motion to agree.
Mr. Ray of Warren moved that the House disagree to the Senate amendment and the motion prevailed.
The House disagreed to the Senate amendment to HB 274.
The Speaker ordered the roll called by manual means and the following members answered to their names:
Adams Alien Ayers Bagby Barber of Jackson Barker Bentley Birdsong Black Blalock Caldwell Carlisle Cates Chambers Clary Cloud Coker of Cherokee Deal Dean of Rockdale Deen of Bacon Duke Elder Fain Foster Fowler of Douglas Freeman Frier Gilleland Gillis Green of Rabun Greene of Crisp Groover Gross of Stephens
Hall Hardaway Harrison of Wayne Henderson Hodges Hogan Holley Huddleston Hudson Jackson Jessup Jones of Laurens Jordan Kelley Kennedy of Turner Key Kilgore Killian King of Pike Land Lanier Larkins Lindsey Lokey Lowe Mallory Martin Mashburn Matthews Mauldin McCracken McKenna McWhorter
Moore Murphey of Crawford Murphy of Haralson Murr Musgrove Odom Palmer Parker Peacock Perkins Peters Pettey Phillips of Columbia
Potts Raulerson
Ray Reed Roughton Rowland Russell Rutland Sanders Scoggin Sheffield
Sivell Smith of Evans Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton
Sognier Stephens of Clarke
Stewart Strickland
FRIDAY, FEBRUARY 17, 1956
1399
Tamplin Tarpley Todd Turk Twitty
Underwood of Montgomery
Upshaw Veal Williams
Willingham Wilson of Towns Wilson of Peach Wright
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has adopted as amended by the requisite constitutional majority the following Resolution of the House to wit:
HR 191-531f. By Messrs. Blalock of Clayton, Coker of Cherokee and Chastain of Thomas:
A Resolution to provide for the disposition of certain metal plates stored in the Capitol building; and for other purposes.
The following Resolution of the House was taken up for the purpose of con sidering the Senate amendment thereto:
HR 191-531f. By Messrs. Blalock of Clayton, Coker of Cherokee and Chastain of Thomas:
The following Senate amendment was read:
The Senate moves to amend HR 191 by adding a new sentence as follows: "Nothing herein shall make it mandatory that said plates be disposed of, but if they be not disposed of, the Committee shall report its reasons to the General Assembly convening in 1957."
Mr. Groover of Bibb moved that the House agree to the Senate amendment.
On the motion to agree, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams Alien Ayers Bagby Barber of Jackson Barker Bentley Birdsong Black Blalock Caldwell
Carlisle Gates Chambers Clary Cloud
Coker of Cherokee Deal Dean of Rockdale Deen of Bacon Duke Elder Fain Foster Fowler of Douglas Freeman Frier
Gilleland Gillis Green of Rabun Greene of Crisp Groover
Gross of Stephens Hall Hardaway Hawkins Henderson Hodges Hogan Holley Huddleston Hudson Jackson
Jessup Johnson of Gilmer Jones of Laurens Jordan Key
1400
JOURNAL OF THE HOUSE,
Kilgore Killian King of Pike Land Lanier Larkins Lindsey Lokey Lowe Mallory Martin Mashburn Matthews Mauldin McCracken McWhorter Moore Mull Murphey of Crawford Murphy of Haralson
Murr Musgrove Odom Parker Peacock Perkins Peters Pettey Phillips of Columbia Potts Raulerson Ray Reed Rodgers Roughton Russell Rutland Sanders Scoggin Sheffield
Sivell Smith of Evans Hoke Smith of Fulton M. M. Smith of Fulton Sognier Stephens of Clarke Stewart Strickland Tamplin Tarpley Todd Turk Upshaw Veal Willingham Wilson of Towns Wilson of Peach Wright Mr. Speaker
(Moate)
On the motion to agree, the ayes were 107, nays 1.
The Senate amendment to HR 191-531f was agreed to.
Mr. Freeman of Monroe moved that the hour of adjournment be postponed until 7:30 o'clock and the motion prevailed.
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 64. A Resolution that this General Assembly stand adjourned sine die at 7:30 o'clock p. m.
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 155. By Mr. Jones of Laurens:
A Bill to be entitled an Act to amend an Act creating the City Court of Dublin; and for other purposes.
HB 157. By Mr. Jones of Laurens:
A Bill to be entitled an Act to amend an Act incorporating the Town of East Dublin, so as to provide that the mayor and council may place
FRIDAY, FEBRUARY 17, 1956
1401
a proper valuation on property that is not returned for taxation; and for other purposes.
HB 181. By Mr. Jones of Laurens:
A Bill to be entitled an Act to amend an Act creating the City Court of Dublin; so as to change the jurisdiction of the City Court; and for other purposes.
HB 182. By Mr. Jones of Laurens:
A Bill to be entitled an Act to amend an Act incorporating the Town of East Dublin; and for other purposes.
HB 282. By Mr. Hendrix of Long:
A Bill to be entitled an Act to provide that members of the County Boards of Education in counties having a population of not more than 3700 and not less than 3585, shall be paid a per diem of $20.00 per day for actual services, etc., and for other purposes.
HB 357. By Messrs. Lokey, H. Smith and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, relating to the Municipal Court of the City of Atlanta; and for other purposes.
HB 538. By Mr. Barker of Heard:
A Bill to be entitled an Act to amend an Act relating to the regulation of the installation of warm air heating equipment; and for other pur poses.
HB 547. By Messrs. Sheffield of Brooks, Raulerson of Echols, and others:
A Bill to be entitled an Act to provide for a supplement to the compen sation of the judge of the superior courts of the Southern Judicial Cir cuit ; to provide for the payment of such supplement in specified amounts by the counties comprising the Southern Judicial Circuit; to repeal con flicting laws; and for other purposes.
HB 578. By Messrs. Mackay, Rutland, and McWhorter of DeKalb:
To be entitled an Act to authorize the establishment of a merit system in DeKalb County for employees of DeKalb County; and for other purposes.
HB 589. By Messrs. Perkins and Duncan of Carroll:
A Bill to be entitled an Act to amend an Act creating the office Tax Commissioner of Carroll County; and for other purposes.
1402
JOURNAL OF THE HOUSE,
HB 590. By Messrs. Kilgore and Kelley of Gwinnett:
A Bill to be entitled an Act amending an Act creating the City Court of Buford, (Ga. Laws, 1906), and all Acts amendatory thereof, by changing the salary of the clerks of said court; and for other purposes.
HB 591. By Mr. Willis of Thomas:
A Bill to be entitled an Act to place the Clerk, Ordinary and Sheriff of Thomas County on a salary basis in lieu of a fee basis; and for other purposes.
HB 592. By Mr. Truelove of White: A Bill to be entitled an Act to provide for the compensation of the Tax Commissioner in certain counties; and for other purposes.
HB 600. By Messrs. Coker and Campbell of Walker:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Linwood; and for other purposes.
HB 602. By Mr. Dean of Eockdale:
A Bill to be entitled an Act to change the corporate limits of the City of Conyers; and for other purposes.
HB 604. By Mr. Gross of Stephens:
A Bill to be entitled an Act to amend an Act entitled an Act to provide for holding four terms a year of the Superior Court of Stephens County; and for other purposes.
HB 611. By Mr. Carlisle of Bibb:
A Bill to be entitled an Act to amend an Act approved Aug. 3, 1927, en titled: "An Act to re-enact the charter of the City of Macon contained in the Act approved Aug. 17, 1914, together with the Acts amending the same passed since 1914 with certain changes in said Acts; to consolidate into one Act with such changes as may have become necessary or proper, all the Acts constituting the Charter of the City of Macon; and for other purposes.
HB 612. By Mr. Carlisle of Bibb:
A Bill to be entitled an Act to amend an Act approved Aug. 9, 1929 en titled: "An Act to amend an Act re-enacting the charter of the City of Macon approved Aug. 3, 1927, so as to provide that the Macon Hospital Commission therein referred to shall be authorized and directed to oper ate as a part of the Macon Hospital the anti-tubercular sanatarium located in Bibb County; and for other purposes.
FRIDAY, FEBRUARY 17, 1956
1403
HB 613. By Mr. Carlisle of Bibb:
A Bill to be entitled an Act to vest title in the City of Macon, its suc cessors and assigns to a certain portion of First St. adjacent to square 74 located in said city and authorize said city to close, vacate and aban don the portion of First St. involved; and for other purposes.
HB 614. 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 616. By Messrs. Lokey and H. Smith of Fulton:
A Bill to be entitled an Act to amend an Act entitled an Act to incorpo rate the City of Hapeville, so as to provide for the expense of paving of streets and the placing of sewerage and water within the City of Hape ville; and for other purposes.
HB 617. By Messrs. Rutland, McWhorter and Mackay of DeKalb:
A Bill to be entitled an Act to amend an Act approved Feb. 14, 1951 (Ga. Laws 1951, p. 2401) creating the Civil Court of DeKalb County, by in creasing the jurisdiction of such Court in civil cases; by fixing the amount of advance cost deposits; by fixing the salary of the judge; and for other purposes.
HB 618. By Messrs. Foster and Blalock of Clayton:
A Bill to be entitled an Act to amend an Act incorporating the City of Lake City, in the County of Clayton; and for other purposes.
HB 619. By Mr. Coker of Cherokee:
A Bill to be entitled an Act to repeal an Act entitled "An Act to place the Clerk of the Superior Court, the Ordinary, the Tax Commissioner and the Sheriff of Cherokee County on a salary basis in lieu of a fee basis;" and for other purposes.
HB 621. By Mr. Souter of Macon:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenue for the County of Macon; and for other purposes.
HB 625. By Mr. McGarity of Henry:
A Bill to be entitled an Act to amend an Act to provide for the regula tion of the installation of warm air heating equipment in certain coun ties; and for other purposes.
HR 207-587C. By Mr. Mashburn of Forsyth:
A Resolution authorizing the State Librarian to furnish to the Superior Court of Forsyth County, without cost to said county, certain law books; and for other purposes.
1404
JOURNAL OP THE HOUSE,
HR 211-608a. By Mr. Denmark of Liberty:
A Resolution authorizing and directing the State Librarian to furnish to the Judge of the City Court of Hinesville certain law books.
HR 236. By Mr. Wooten of Randolph:
A Resolution requesting the State Librarian to furnish to the Superior Court of Randolph County certain law books; and for other purposes.
HR 237. By Mr. Wooten of Randolph:
A Resolution to provide the Court of Ordinary of Randolph County cer tain enumerated law books; and for other purposes.
HB 25. By Messrs. Scoggin of Floyd and Groover of Bibb:
A Bill to be entitled an Act to amend an Act known as the "Motor Ve hicle Safety Responsibility Act", approved February 21, 1951 (Ga. Laws 1951, p. 565), and for other purposes.
HB 54. By Mr. Jones of Laurens:
A Bill to be entitled an Act to provide that any person who has been indicted for a capital felony may enter a plea of guilty at any time after his indictment, and the judge of the superior court having jurisdiction may, in his discretion during term time or vacation, and without the necessity of a recommendation of mercy by a jury, sentence such person to life imprisonment or any lesser punishment authorized by law for the offense named in the indictment; to repeal conflicting laws; and for other purposes.
HB 80. By Mr. Bolton of Spalding:
A Bill to be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act."
HB 450. By Messrs. Gillis of Treutlen, Underwood of Montgomery and Matthews of Clarke:
A Bill to be entitled an Act to amend an Act known as the Uniform Act regulating Traffic on Highways, by striking that portion which provides that the Department of Public Safety may suspend or revoke licenses of any person convicted under this Section; and for other puropses.
HB 502. By Messrs. Eyler and Sognier of Chatham:
A Bill to be entitled an Act to amend Code Section 84-9925 of the 1933 Code of Georgia, relating to violation of the law by Billiard Room Licenses, so as to provide that the punishment for violations of Chapter 84-16 of the 1933 Code shall be punished as for a misdemeanor; to repeal conflicting laws; and for other purposes.
HB 503. By Mr. Eyler of Chatham:
A Bill to be entitled an Act to repeal Section 67-1906 of the Code of Georgia relating to the sale of unclaimed laundry and cleaning at public
FRIDAY, FEBRUARY 17, 1956
1405
outcry; to repeal conflicting laws; and for other purposes.
HB 562. By Mr. Groover of Bibb:
A Bill to be entitled an Act to amend an Act creating a Department of Public Safety; and for other purposes.
HB 605. By Messrs. Russell of Barrow, Nightingale of Glynn and others:
A Bill to be entitled an Act to amend the Laws of Georgia for 1950 Regular Session, Page 167, by striking Section 4 on Page 168 of said Act and substituting in its place the following section to be known as Section 4.
HB 623. By Messrs. Groover and McKenna of Bibb:
A Bill to be entitled an Act which Act makes provisions for coverage of certain officers and employees of political sub-divisions of the State under the old-age and survivors insurance provisions; and for other purposes.
HR 39-109a. By Messrs. Carlisle of Bibb and Bloodworth of Houston:
A Resolution authorizing payment to Fountain's Dry Cleaners and Laundry, Inc., for damages to its truck.
HR 47-129c. By Messrs. Moate of Hancock, Groover of Bibb and Lokey of Fulton:
A Resolution proposing to the qualified voters of the State of Georgia an amendment to Article III, Section XI, Paragraph I of the Constitu tion; and for other purposes.
HR 75. By Messrs. Coker of Cherokee and Mashburn of Forsyth:
A Resolution to create a Hospital Care Study Commission; and for other purposes.
HR 169-477f. By Mr. Bloodworth of Houston:
A Resolution to compensate the widow of Henry C. Hill; and for other purposes.
HR 178-481b. By Mr. Groover of Bibb:
A Resolution providing for the exchange of certain lands in Pulaski County; and for other purposes.
HR 180-481d. By Mr. Groover of Bibb:
A Resolution authorizing the conveyance of certain land in Pulaski County; and for other purposes.
HR 203-561d. By Mr. Groover of Bibb:
A Resolution to compentsate Mr. Emil Kalock of 1321 Edgewater Drive, Orlando, Florida; and for other purposes.
1406
JOURNAL OF THE HOUSE,
HR 205-587a. By Messrs. Sanders, Chambers and Holley of Richmond:
A Resolution authorizing the conveyance by the Governor of certain real property to Richmond County, to be used for conservation purposes; and for other purposes.
HB 239. By Messrs. Stripling of Coweta, Groover of Bibb and others:
A Bill to be entitled an Act to authorize the Attorney General to order any Solicitor-General to advise, counsel or represent certain officials and employees; and for other purposes.
HB 299. By Messrs. Kilgore and Kelley of Gwinnett, Palmer of Mitchell and others:
A Bill to be entitled an Act to provide that fire and casualty insurance companies domiciled in this State may deduct any retaliatory tax paid by them to another State from their Georgia taxes; to repeal conflicting laws; and for other purposes.
HB 322. By Mr. Tarpley of Union:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety for Georgia and making provisions relative to the is suance, suspension and revocation of drivers' licenses; and for other purposes.
HB 323. By Mr. Nightingale of Glynn:
A Bill to be entitled an Act to amend Chapter 34-33 of the Code of Georgia, as amended, particularly by an Act approved February 21, 1955 (Ga. Laws 1955, p. 732), relating to voting by mail other than military personnel; and for other purposes.
HB 394. By Mr. Groover of Bibb:
A Bill to be entitled an Act to amend an Act providing for absentee voting by members of the military; and for other purposes.
HB 400. By Messrs. Scoggin of Floyd, Floyd of Chattooga, Murphy of Haralson and others:
A Bill to be entitled an Act to amend Section 24-2715, relating to the additional duties of the clerks of the superior courts, so as to provide that the clerk of the superior court shall make a record of each sex criminal convicted in the county; and for other purposes.
HB 422. By Messrs. Lokey, M. Smith and H. Smith of Fulton:
A Bill to be entitled an Act to amend Section 24-2714 of the Code of Georgia of 1933, entitled "Superior Court Clerks, Duties" so as to au thorize the Clerk Superior Court to issue and sign any order in the nature of a rule nisi where no injunctive or extraordinary relief is granted; and for other purposes.
FRIDAY, FEBRUARY 17, 1956
1407
HB 475. By Messrs. Floyd and Weems of Chattooga:
A Bill to be entitled an Act to amend an Act providing for the furnishing to veterans of certain vital statistics, approved Feb. 18, 1953, (Ga. Laws 1953, Jan.-Feb. Sess., p. 117), and for other purposes.
HB 624. By Messrs. Lanier of Candler and Smith of Evans:
A Bill to be entitled an Act to amend an Act regulating the feeding of garbage to livestock; and for other purposes.
HR 124-348b. By Messrs. Stephens of Clarke, Fowler of Douglas and Blalock of Clayton:
A Resolution creating a committee to study the advisability of construct ing a building for the purpose of storing county and State records; and for other purposes.
HR 131. By Messrs. Blalock of Clayton and Sanders of Richmond:
A Resolution creating a committee to study the advisability of (1) con forming the Georgia Income Tax Laws as nearly as practicable to the Federal Income Tax Law with respect to the determination and classi fication of a taxable net income, and (2) of providing for a State income tax withholding system; and for other purposes.
HR 177-481a. By Mr. Groover of Bibb:
A Resolution to ratify, approve and confirm the exclusive Order of the Governor, dated March 21, 1955 relating to the suspension of the license fee and examination fee required by an Act approved March 4, 1955 (Ga. L. 1955, p. 431); and for other purposes.
HR 181-481e. By Mr. Groover of Bibb:
A Resolution authorizing the Governor to deed certain islands to the United States; and for other purposes.
HR 182-481f. By Mr. Groover of Bibb:
A Resolution authorizing the conveyance of certain property in Camedn County to the United States, which property is needed for the King's Bay Ammunition Loading Terminal; and for other purposes.
HR 187-531b. By Messrs. Groover of Bibb, Blalock of Clayton and others:
A Resolution directing the State Board of Corrections to study the Rec ommendation of the Legislative Economy Committee; and for other purposes.
HR 190-531e. By Messrs. Groover of Bibb, Blalock of Clayton and others:
A Resolution to recommend that the State discontinue the building of cabins at State Parks; and for other purposes.
1408
JOURNAL OF THE HOUSE,
HR 192-531g. By Messrs. Groover of Bibb, Blalock of Clayton and others:
A Resolution to authorize and direct the Secretary of State to make a detailed study of the expense of microfilming State Records; and for other purposes.
HR 194-53H. By Messrs. Groover of Bibb, Coker of Cherokee and Chastain of Thomas:
A Resolution to provide for a detailed study of the advisability of the State establishing a printing office; and for other purposes.
HR 227-621b. By Messrs. Mauldin of Gordon and Scoggin of Floyd:
A Resolution to authorize the Governor of Georgia to declare the present National Guard Armory and Warehouse located in Calhoun, Gordon County, Georgia, obsolete; and for other purposes.
HR 230-621e. By Messrs. Mauldin of Gordon and Scoggin of Floyd:
A Resolution to authorize the Governor on behalf of the State of Georgia to reconvey to the City of Calhoun, Gordon Cunty, Gergia, a tract of land formerly conveyed to the State by said City.
The Senate has agreed to the House amendment to the following Resolution of the Senate:
SR 54. By Senators Millican of the 52nd and Overby of the 33rd:
A Resolution authorizing the Lieutenant Governor appoint a committee to work with the Governor, Secretary of State and State Auditor in planning committee rooms and offices on the third floor of the State Capitol.
The Senate has agreed to the House amendment to the Senate substitute to the following Bill of the House:
HB 65. By Messrs. Scoggin, Wright and Hall of Floyd and others:
A Bill to be entitled an Act to amend an Act creating the State Board of Pardons and Paroles, so as to create an advisory staff as a division thereof; and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House Amendment to the following Resolution of the Senate:
SR 35. By Senator Overby of the 33rd:
A Resolution creating a committee to study the advisability of con structing a building for the purpose of storing county and State records; and for other purposes.
FRIDAY, FEBRUARY 17, 1956
1409
The following Resolutions of the House and Senate were read and adopted:
HR 146. By Messrs. Duke of Baldwin and Matheson of Hart:
A Resolution creating a committee to inspect training school facilities, and for other purposes.
SR 62. By Senators Brooks of the 50th, Davis of the 42nd and others:
A Resolution commending the Supreme Court of Georgia and the Chief Justice thereof, and for other purposes.
HR 273. By Mr. Groover of Bibb:
A RESOLUTION
BE IT RESOLVED by the House of Representatives, the Senate concurring, that a joint committee of five, three from the House and two from the Senate, be appointed by the Speaker of the House and the President of the Senate to notify his Excellency, Governor Marvin Griffin, that the General Assembly has completed its deliberations and is ready to adjourn sine die, 7:30 o'clock, Friday, February 17, 1956.
SR 59. By Senator Zellner of the 22nd:
A Resolution providing for the consolidation of the two committees appointed under SR 53 and HR 152, and for other purposes.
HR 274. By Mr. Barber of Jackson:
A Resolution relative to the patrol cars of the Department of Public Safety, and for other purposes.
HR 275. By Messrs. Barber of Jackson, Stephens of Clarke and others:
A Resolution expressing appreciation to the Board of Regents of the University System of Georgia for authorizing the construction of the Chemistry and Animal Science units of the Science Center at the Uni versity of Georgia, and for other purposes.
HR 276. By Messrs. Harrison of Wayne and Deen of Bacon:
A Resolution expressing sympathy to Honorable Tom Palmer, member of the House from Mitchell County, and for other purposes.
HR 277. By Mr. Russell of Barrow:
A Resolution expressing the appreciation of Mr. Russell of Barrow for the donation of a certain $5.00 bill by Mr. Clary of McDuffie, and for other purposes.
HR 278. By Messrs. Fowler of Tift, Barber of Jackson and others:
A Resolution commending Chief Herbert Jenkins and Lieutenant E. V. Forrester, and for other purposes.
1410
JOURNAL OF THE HOUSE,
Under the regular order of business, the following Resolution of the Senate was taken up for consideration and read the third time:
SR 44. By Senators McDonald of the 43rd, Brooks of the 50th and others:
A Resolution providing for the appointment of a commission to study the problems of consumer financing of personal property in the State, and for other purposes.
The following amendment was read and adopted:
Mr. Scoggin of Floyd moves to amend SR 44 by adding a sentence at the end of the second paragraph thereof as follows: "Said committee is not hereby empowered to investigate into any business or businesses now regulated by a State or Federal Agency."
The report of the Committee; which was favorable to the adoption of the Resolution, was agreed to, as amended.
On the adoption of the Resolution, as amended, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs:
Alien Barber of Jackson Barker Bentley Carlisle Gates Deal Foster Fowler of Douglas Groover Hall Hardaway Hawkins
Jones of Laurens Kilgore King of Pike Lowe Martin Matthews McCracken Murphey of Crawford Perkins Peters Pettey Phillips of Columbia
Reed
Roughton Scoggin Sheffield Smith of Evans Stephens of Clarke Stewart Tamplin Underwood of
Montgomery Veal Williams Willingham Wilson of Peach
Those voting in the negative were Messrs.:
Ayers Bagby Birdsong Black Caldwell Chambers Clary Cloud Coker of Cherokee Deen of Bacon Duke Elder Fain Freeman
Frier Gilleland Green of Rabun Harrison of Wayne Henderson Hogan Hudson Jackson Jessup Johnson of Gilmer Kelley Key Killian Land
Larkins Mallory McKenna
Moore Murphy of Haralson
Musgrove Parker Peacock Potts Raulerson Ray Rutland Sivell Smith of Evans
FRIDAY, FEBRUARY 17, 1956
1411
M. M. Smith of Fulton Sognier Strickland
Tarpley Todd Turk
Twitty Upshaw Wright
On the adoption of the Resolution, as amended, the ayes were 38, nays 51.
No quorum having voted, SR 44 was placed in the category of "Unfinished Business".
Mr. Green of Rabun County, Chairman of the Committee on Engrossing, submitted the following report:
Mr. Speaker:
Your Committee on Engrossing has examined the following Bills and Reso lutions of the House and find the same properly engrossed:
HR 2. HR 5. HR 7. HR 8. HR 9. HR 15. HR 35. HR 36. HB 21. HB 22. HB 23. HB 24. HB 26. HB 33. HB 34 HB 35. HB 38. HB 40. HB 41. HB 42. HB 44. HB 50. HB 62. HB 63 HB 68 HB 64. HB 69. HR 43. HR 44. HB 8. HB 9. HB 11. HR 51. HB 12. HB 32. HB 53. HB 59.
HB 65. HB 75.
HB 76. HB 92. HB 93. HB 94. HB 98. HB 109. HR 61. HR 72. HB 15. HB 16. HB 47. - HB 48. HB 81. HB 91. HB 104. HB 121. HB 128. HB 39. HR 30-96c. HR 49-130a. HR 73. HR 74. HR 85. HB 10. HB 70. HB 72 HB 82. HB 83. HB 87. HB 95. HB 96. HB 107. HB 126. HB 143. HB 158. HB 159. HR 3-18c.
HR 9-18i. HR ll-18k.
HR 54-163c. HB 27. HB 180. HB 198. HB 199. HB 201. HR 62. HR 97. HB 97. HB 108. HB 114. HB 120. HB 123. HB 125. HB 144. HB 150. HB 160. HB 162. HB 165. HB 166. HB 178. HB 179. HB 185. HB 200. HB 209. HB 214. HR 120. HB 146. HB 147. HB 148. HB 183. HB 184. HB 188. HB 192. HB 195. HR 22-64g. HR 28-96a.
HR 33-96f. HR 41-110a.
1412
HR 42-110b. HR 45-129a. HR 50-130b. HR 59-163h. HR 65-194b. HR 16-64a. HR 17-64b HR 20-64e. HR 21-64f. HB 137. HB 155. HB 156. HB 157. HB 181. HB 182. HB 211. HB 212. HB 213. HB 222. HB 223. HB 224. HB 225. HB 226. HB 227. HB 228. HB 229. HB 230. HB 231. HB 232. . HB 233. HB 238. HB 240. HB 242. HB 248 HB 250. HB 251. HB 252. HB 253. HB 254. HB 258. HB 260. HB 262. HB 264. HB 273. HB 282. HB 287. HB 288. HB 289. HB 290. HB 291. HB 293. HB 295. HB 296.
HB 297. HB 300.
JOURNAL OF THE HOUSE
HB 298. HR 132. HR 133. HR 134. HB 100.
HB 103. HB 106. HB 110. HB 119. HB 122. HB 127. HB 141. HB 142. HB 202. HB 206. HB 269. HB 303. HR 18-64c. HR 48-129d. HR 57-163f. HR 136. HB 112. HB 197. HB 234. HB 259. HB 286. HB 294. HR 9. HR 19-64d. HR 32-96e. HR 46-129b. HR 60-1631. HR 66-200a. HR 80-214e. HR 88-261b. HR 89-261c. HR 93-261g HR 95-2611. HR 116-319g. HB 278. HB 321. HB 325. HB 334. HB 339. HB 356. HR 161. HB 118. HB 145. HB 151. HB 171. HB 177. HB 193. HB 263.
HB 302. HB 304.
HB 307. HB 308. HB 312. HB 314. HB 329.
HB 330. HB 331. HB 332. HB 342. HB 343. HB 344. HB 347. HB 349. HB 350. HB 358. HB 360. HB 362. HB 363. HB 364. HB 368. HB 370. HB 374. HB 380. HB 396. HB 401. HB 35. HB 152. HB 153. HB 168. HB 207. HB 208. HB 266. HB 267. HB 268. HB 285. HB 313. HB 327. HB 333. HB 336. HB 355. HB 359. HB 365. HB 371. HB 373. HB 378. HB 381. HB 385. HB 386. HB 391. HB 392. HB 399. HB 403. HB 404-
g^ 405. gB 406.
lr> 41U.
HB 411. HB 366. HB 415. HB 417. HB 419. HB 420. HB 421. HB 427. HB 429. HR 12-33a. HR 13-33b. HR 52-163a. HR 53-163b. HR 67-200b. HR 96-261J. HR 102-300c. HR 142-399f. HB 73. HB 86. HB 167. HB 186. HB 190. HB 301. HB 318. HB 351. HB 353. HB 367. HB 369. HB 377. HB 390. HB 412. HB 413. HB 414. HR 106-300g. HR 127-348e. HB 124. HB 243. HB 244. HB 245. HB 246. HB 379. HB 382. HB 432. HB 439. HB 440. HB 441. HB 443. HB 445. HB 452. HB 453. HB 455. HB 458. HB 460. HB 461. HB 462.
FRIDAY, FEBRUARY 17, 1956
1413
HB 463. HB 464. HB 465. HB 466. HB 468. HB 483. HR 40-190b. HR 58-163g.
HR 68-200C. HR 90-261d.
HR 185. HB 71. HB 131. HB 256.
HB 257. HB 274.
HB 316. HB 317. HB 340. HB 341. HB 361. HB 384. HB 407. HB 416. HB 418. HB 433. HB 434. HB 442. HB 444. HB 450. HB 467. HB 469. HB 473. HB 480. HB 485. HB 486. HB 487. HB 488. HB 489. HB 490. HB 491. HB 492. HB 494. HB 495. HB 496. HB 497. HB 498. HB 499. HB 500. HB 504. HB 505. HB 506. HB 507. HB 508. HB 510.
HB 512. HB 513. HB 515. HB 516. HB 517. HB 518. HB 519.
HB 520. HB 521. HB 523. HB 524. HB 526. HB 527. HB 528. HB 529. HB 531. HB 352. HB 448. HB 449. HB 525. HB 533. HB 535. HB 538. HB 548. HB 551. HB 555. HB 557. HB 559. HB 560. HR 92-261f. HR 119-319J. HR 151-428e. HR 155-454b. HR 173-477J. HR 37. HR 216. HR 217. HR 218. HR 220. HR 222. HR 223. HR 76-214a. HR 77-214b. HR 79-214d. HR 82-214g. HR 84-214L
HR 105-300f.
HR 118-319L HR 123-348a.
HR 129-348g.
HR 138-399b.
HR 140-399d.
HR 143-399g. HR 147-428a.
HR 148-428b.
1414
HR 149-428c. HR 166-477c. HR 170-477g. HR 171-477h. HR 172-477L
HR 175-4771. HR 186-531a. HR 199-531n. HR 201-531p. HB 509. HB 534. HB 536. HB 537. HB 539. HB 540. HB 544. HB 545. HB 546. HB 550. HB 553. HB 558. HB 564. HB 566. HB 567. HB 568. HB 569.
HB 573. HB 575. HB 576. HB 577.
HB 582. HB 587. HB 335. HB 348. HB 393. HB 459. HB 501. HB 532. HB 584. HR 29-96b. HR 56-163e. HR 103-300d. HR 110-319a. HR 112-319c. HR 113-319d. HR 124-348b.
HR 125-348c. HR 128-348f.
HR 141-399e. HR 150-428d.
HR 157-454d. HR 158-454e.
JOURNAL OF THE HOUSE
HR 165-477b. HR 188-531c. HR 189-531d. HR 197-5311. HR 198-531m.
HR 204-561c. HR 206-587b. HR 209-587e. HR 231. HB 565. HB 578. HB 589. HB 591. HB 592. HB 594. HB 597. HB 598. HB 599. HB 600. HB 602. HB 604. HB 611. HB 612. HB 613. HB 25. HB 204.
HB 554. HB 203. HB 580. HB 579.
HB 482. HB 205. HB 80. HB 113. HB 299. HB 323. HB 383. HB 394. HB 400. HB 426. HB 475. HB 547. HB 562. HR 6-18f. HR 7-18g. HR 177-418a.
HR 187-531b. HR 190-531e.
HR 192-531g. HR 194-53H.
HR 205-587a. HR 131.
HR 235. HR 236. HR 237. HB 502. HB 503.
HB 590. HB 601. HB 614. HB 615. HB 616. HB 617. HB 618. HB 619. HB 621. HB 625. HR 83-214H. HR 191-531f. HR 207-587c. HR 211-608a. HB 239. HB 322. HB 561. HB 607. HB 624. HR 227-621b. HR 230-621e.
HR 75. HB 623. HB 237. HB 357.
HB 54. HB 221. HZ 422. HE 64-194a. HB 583. HR 47-129c. HR 169-477f. HB 525. HB 605. HR 39-109a. HR 203-561b. HB 196-531k. HR 182-481f. HR 181-481e. HR 180-481d. HR 178-481b.
HR 247. HR 229-621d.
HR 250. HR 265.
HR 260. HR 261.
Respectfully submitted,
Green of Rabun, Chairman.
FRIDAY, FEBRUARY 17, 1956
1415
Mr. Pettey 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 Resolu tions of the House and find the same properly enrolled:
JSR 1. JSR 2. HB 63. HB 68. HB 69. HB 38..
HB 23. HB 40. HB 104. HB 180. HR 49-130a. HB 21. HB 22. HB 24. HB 26. HB 33. HB 41. HB 42. HB 44. HB 47. HB 50. HB 62. HB 64. HB 75. HB 76. HB 91. HB 98. HB 109. HB 128. HR 36. HR 43. HS 44. HR 73. HR 74. HR 97. HR 107. HB 262. HB 298. HB 35. HB 159. HB 12. HB 15. HB 16. HB 32. HB 48. HB 53. HB 70.
HB 72.
HB 81. HB 92. HB 93. HB 95. HB 96. HB 107.
HB 111. HB 114. HB 120. HB 123. HB 125. HB 126. HB 143. HB 150. HB 158. HB 160. HB 165. HB 166. HB 178. HB 179. HB 200. HB 201. HB 228. HB 231. HB 295. HB 296.. HB 297. HB 300. HR 16-64a. HR 17-64b. HR 20-64e. HR 21-64f. HR 28-96a. HR 33-96f. HR 41-110a. HR 42-110b. HR 50-130b. HR 51. HR 62. HR 132. HR 136. HB 224. HR 3-18c. HB 368. HB 121. HB 94. HB 83.
HB 39.
HB 392. HB 358. HB 183. HB 118. HB 406. HB 110.
HB 73. HB 494. HB 473. HB 342. HB 318. HB 416. HB 363. HB 379. HB 11. HB 100. HB 103. HB 106. HB 112. HB 119. HB 122. HB 137. HB 146. HB 147. HB 149. HB 156. HB 171. HB 184. HB 195. HB 197. HB 202. HB 211. HB 212. HB 213. HB 214. HB 222. HB 223. HB 226. HB 229. HB 230. HB 233. HB 238. HB 240. HB 242. HB 248. HB 250. HB 251.
HB 252.
1416
HB 253. HB 254. HB 259. HB 260. HB 264. HB 269. HB 273. HB 286. HB 287. HB 288. HB 289. HB 290. HB 291. HB 293. HB 302. HB 303. HB 308. HB 321. HB 344. HB 349. HB 350. HB 355. HB 356. HB 370. HB 373. HB 386. HB 401. HB 413. HR ll-18k. HR 13-33b. HR 19-64d. HR 45-129a. HR 46-129b. HR 54-163c. HR 59-163h. HR 60-163L HR 65-194b. HR 66-200a. HR 80-214e. HR 38-261b. HR 89-261c. HR 93-261g. HR 95-261L HR 96-261i. HR 155-454b. HR 204 561c. HB 455. HB 27. HR 209-587e. HR 141-399e. HB 525. HB 404. HB 10. HB 71. HB 127.
JOURNAL OP THE HOUSE
HB 151. HB 177. HB 190. HB 198. HB 206. HB 225. HB 245. HB 278. HB 304. HB 307. HB 325. HB 330. HB 331. HB 332. HB 339. HB 343. HB 347. HB 360. HB 362. HB 374. HB 377. HB 380. HB 390. HB 415. HB 427. HB 432. HB 439. HB 440. HB 443. HB 445. HB 461. HB 462. HB 463. HB 464. HB 483. HR 18-64c. HR 32-96e. HR 48-129d. HR 68-200c. HR 116-319g. HR 231. HB 86. HB 145. HB 168. HB 208. HB 234. HB 267. HB 268. HB 285. HB 294. HB 334. HB 353. HB 365. HB 371.
HB 381. HB 385. HB 391. HB 399. HB 403. HB 405. HB 410. HB 411. HB 417. HB 419. HB 421. HB 429. HB 566. HB 617. HR 12-33a. HR 22-64g. HR 52-163a. HR 53-163b. HR 67-200b. HR 102-300c. HR 142-399f. HR 185. HR 217. HR 222. HR 220. HR 223. HB 54. HB 65. HB 80. HB 108. HB 131. HB 141. HB 148. HB 152. HB 153. HB 155. HB 157. HB 181. HB 192. HB 205. HB 239. HB 257. HB 282. HB 299. HB 314. HB 322. HB 323. HB 335. HB 340. HB 351. HB 352. HB 364. HB 366. HB 367. HB 378.
HB 382. HB 393. HB 394. HB 400. HB 412. HB 414. HB 418. HB 434. HB 442. HB 444. HB 448. HB 449.
HB 452. HB 453. HB 459.
HB 466. HB 467. HB 468. HB 469. HB 475. HB 480. HB 482. HB 485. HB 486. HB 488. HB 489. HB 490. HB 491. HB 492. HB 495. HB 496. HB 497. HB 498. HB 499. HB 500. HB 502. HB 504.
HB 507. HB 508. HB 510. HB 512. HB 513. HB 515. HB 516. HB 517. HB 518. HB 519. HB 520. HB 523. HB 524.
HB 526. HB 528. HB 531. HB 532.
HB 533.
FRIDAY, FEBRUARY 17, 1956
1417
HB 534. HB 536. HB 537. HB 538. HB 539. HB 540. HB 545. HB 547. HB 551. HB 553. HB 555. HB 557.
HB 559. HB 564. HB 565.
HB 567. HB 568. HB 569. HB 575. HB 580. HB 582. HB 584. HB 587. HB 589. HB 590. HB 592. HB 594. HB 597. HB 598. HB 599. HB 602. HB 604. HB 605. HB 611. HB 612. HB 613. HB 614.
HB 615. HB 618. HB 619. HB 621. HB 623. HB 624. HB 625. HR 29-96b. HR 39-109a. HR 47-129c. HR 56-163e. HR 58-163g. HR 75.
HR 76-214a. HR 77-214b. HR 79-214d. HR 82-214g.
HR 84-2141.
HR 90-261d. HR 92-261f. HR 103-300d. HR 105-300f. HR 110-319a. HR 112-319c. HR 118-319i. HR 119-319J. HR 124-348b. HR 125-348c. HR 128-348f. HR 129-348g.
HR 131. HR 138-399b. HR 143-399g.
HR 147-428a. HR 148-428b. HR 150-428d. HR 151-428e. HR 157-454d. HR 158-454e. HR 165-477b. HR 169-477f. HR 170-477g. HR 171-477h. HR 172-4771. HR 173-477J. HR 175-4771. HR 177-418a. HR 178-481b. HR 180-481d. HR 181-481e. HR 182-481f. HR 186-531a. HR 187-531b. HR 188-531c. HR 189-531d.
. HR 190-531e. HR 192-531g. HR 194-5311. HR 197-5311. HR 198-531m. HR 199-531n. HR 201-531p. HR 203-561b. HR 206-587b. HR 207-587c. HR 211-608a. HR 227-621b. HR 230-621e.
HR 236. HR 237. HR 247. HB 501.
HB 25.
1418
JOURNAL OP THE HOUSE
HB 113. HB 182. HB 199. HB 232. HB 244. HB 258. HB 266. HB 433. HB 450. HB 503.
HB 506. HB 509. HB 548. HB 558. HB 560. HB 562. HB 576. HB 591. HB 600. HB 616. HB 59. HB 97. HB 124. HB 185. HB 193. HB 207. HB 209.
HB 237. HB 243. HB 246. HB 256. HB 263. HB 316. HB 317. HB 333. HB 336. HB 341.
HB 348. HB 357. HB 383. HB 384. HB 420. HB 458. HB 460. HB 465. HB 527. HB 535. HB 561. HB 577. HB 578. HB 579. HB 610. HR 57-163f. HR 64-194a.
HR 123-348a. HR 127-348e. HR 166-477c. HR 191-531f. HR 30-96c. HR 37. HR 140-399d. HR 149-428c. HR 205-587a. HR 235.
HR 258. HR 260. HB 87. HB 142. HB 312. HB 327. HB 329. HB 396. HB 407. HB 441. HB 505. HB 544. HB 546. HB 601. HB 369.
Respectfully submitted,
Pettey of Pulaski,
Chairman.
The following Resolution of the Senate was read and adopted:
SR 64. By Senator Overby of the 33rd:
A RESOLUTION
BE IT RESOLVED by the Senate, the House concurring, that this General Assembly of the Regular session 1956 do now stand adjourned sine die at 7:30 o'clock, p.m.
The Speaker announced the House adjourned sine die.
INDEX TO JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
EXTRAORDINARY SESSION 1955
REGULAR SESSION 1956
Part I--Extra Session Bills and Resolutions Part II--Tabular Index Part III--Alphabetical Index Part IV--House Bills and Senate Bills Part V--House Resolutions Part VI--Senate Resolutions in House
1420
INDEX
Part I
HOUSE BILLS
EXTRAORDINARY SESSION
1955
HB 1--Drivers' Licenses; expiration dates -____._--______. _____________.________.______.15, 32, 37, 52, 81, 85, 91, 101
HB 2--Industrial Loan Act; taxation ._,,_____________15, 33, 37, 48, 59, 84 HB 3--Wine; taxation of ___________________._.____________15, 33, 37, 70 HB 4--Motor Veh. Licenses;
increase fees _____.____._.___________15, 33, 37, 48, 63, 88, 92, 97, 100, 104 HB 5--Cigarettes; Cigars; taxation
increase _____________ 16, 33, 48, 61, 71, 92, 93, 96, 97, 101, 104j 105 HB 6--Malt Beverages; increase tax ____________16, 33, 48, 50, 84 HB 7--Motor fuel; taxation ____________________.16, 33, 37, 40, 70, 105 HB 8--Insurance Cos.; taxation _____16, 33, 37, 43, 78, 86, 91, 102, 104 HB 9--Motor Carriers; fuel tax __________________16, 33, 37, 40, 70 HB 10--Income Tax;
amend ________16, 33, 58, 71, 77, 93, 97, 99, 100, 102, 104, 107, 110 HB 11--Gross Receipts & Payroll; taxation ___________________________16, 34 HB 12--Carnivals, Circuses, etc.; taxation of _____--_____.___17, 34, 48, 84 HB 13--Sales Tax Act; amend; services ______________._______-_____17, 34, 79 HB 14--Ga. St. War Veterans' Home; establish ____32, 37, 51, 81, 82 HB 15--Soft drinks; tax on __________________________.____36, 47, 78, 81 HB 16--Permits to purchase liquors .....__________________________....._______ 69
SENATE BILLS
EXTRAORDINARY SESSION
1955
SB 3--Ga. St. War Veterans Home; establish ._______._,,____________________ 58, 59 SB 4--Multiple-beam road lighting equip. ______________58, 59, 70, 78, 79 SB 5--Old Age Assist.; claims; estates _________...__.___________________81, 83, 88
HOUSE RESOLUTIONS
EXTRAORDINARY SESSION
1955
HR 1--Notify Senate House is ready for business --_--____________________ 10 HR 2--Notify Governor General Assembly has convened __________ 10 HR 3--Rule 46 suspended, bills and resolutions introduced .___11, 14, 15 HR 4--HR 3 for last session re-enacted for attaches of House ____ 11 HR 5--Appoint committee to escort Governor _____________11, 14 HR 6--Condolence to family of James Mackay __________________ 45 HR 7--Dist. of funds derived from taxes _____________...________________57, 70, 78, 80
INDEX
1421
*HR 8--Committee to study economies in State Gov. .._.___---__.__.____________ 58 *HR 9--Committee to study economies in State
Government -____--._...__..______________________________66, 70, 78, 79, 92 HR 10--Commend Lieut. Lee D. Olvey ___._____._._________________ 66 HE 11--Deploring death of Frank B. Willingham _______.._.._______ 67 HR 12--Memorialize Congress; tariff legislation ______________71, 99 HR 13--Wish speedy recovery to Hon. Paul Green __________________ 75 HR 14--Wish speedy recovery to Mother of Bob Scoggin ..._.._._.________ 75 HR 15--Federal appropriations for dams, locks, etc. .___----__.__82, 92 HR 16--Georgians prevent forest fires _____..____________________82, 92 HR 17--Commend Major Gen. Eugene M. Caffey _______________________________ 84 HR 18--Commend Lieut. Gen. A. R. Boiling ___..___-_________..____________ 87 HR 19--Wish speedy recovery to Hon. Frank Twitty ______..______ 89 HR 20--Invite Hon. Hugh Carney to address Gen. Assembly ______ 89 HR 21--Commend Paul Anderson __,,___-_._--..______-_-________ ___________90, 99 HR 22--Name "Memorial Bridge" ,,_______________________________._,,_._.____ 90 *HR 23--Committee to purchase roll call equip. _.__-__..__...____----____-_.___ 95 HR 24--Appreciation to Speaker Moate, etc. _____________________ 96 HR 25--Clerk to purchase equip, for composite status _______________ 96 HR 26--Wish speedy recovery to Hon. David Stripling ____________._ 96 HR 27--Congratulate Hon. W. L. Lanier on birth of son __________ 98 HR 28--Wish speedy recovery to Hon. William Harris __..___--________ 98 HR 29--Wish speedy recovery to Mrs. Gladys Denmark Smith ________ 98 HR 30--Invite Governor Griffin to address House ________.______ 99 HR 31--Provide Gen. Assembly adjourn sine die _________________________ 102 HR 32--Thank Macon Telegraph _____________._____________ 102 HR 33--Attaches remain for 5 days __________________________ 106
SENATE RESOLUTIONS
EXTRAORDINARY SESSION
1955
SR 1--Notify House Senate has convened _.___--__--_-_--__-__.--._____ 13 SR 2--Committee to notify Governor Gen. Assem. convened ______13, 17 SR 3--Joint Session to hear Governor ____.__-__._______________ 14 SR 4--St. Bd. of Ed.; funds for certain services _________________51, 55 SR 5--Distribution of Highway funds ______________________________.-81, 84 *SR 6--Comm. to study economies in State Gov. ___.___..._____59, 59, 70, 78 SR 10--Prevention of forest fires ,,_..__._-______-.-_______-________________88, 89 SR 14--Distribution of funds derived from special
session ..__________._.__.-_______.-___-____-_____101, 106, 108, 110, 111 SR 15--Comm. notify Gov. Gen. Assem. now ready adjourn ______ 111 SR 16--That the Gen. Assem. stand adjourned sine die ______________________ 111
*Com_nittees.
INDEX
1423
HOUSE JOURNAL Part II
TABULAR INDEX
PROPOSED AMENDMENTS TO THE CONSTITUTION (PASSED).
HE 41-110a--Albany; promotion of industries ____185, 240, 243, 415, 600 HE 77-214b--Albany-Dougherty County Sewerage
System--____________________266, 381, 391, 947, 1221 HB 84-214i--Albany-Dougherty County Sewerage
System _.__._._______________267, 381, 392, 957, 1222 SB 42--Atlanta; indebtedness __..._.,,_.,,__923, 944, 1131, 1141, 1229, 1324 SE 21--Atlanta; revenue anticipation
certificates _.___._._._.___.._.________560, 561, 760, 767, 1020 HE 76-214a--Atlanta Judicial Circuit; term
of judges _____________________________266, 381, 391, 944, 945, 1221 HE 118-319i--Augusta-Eichmond County Board of tax
assessors ___________________380, 548, 556, 969, 1222 HE 201-531p--Brooks County; board of education __702,760, 773, 1014, 1224 HE 175-4771--Brunswick-Glynn County port
facilities ___________:________625, 709, 718, 1006, 1224 HE 171-477h--Brunswick-Glynn County port
facilities ______________________________________________1624, 708, 718, 1000, 1223 HE 172-4771--Brunswick-Glynn County sewerage
system ____________________________________624, 708, 718, 1003, 1223 HE 170-477g--Brunswick-Glynn County sewerage
system _.__._...._._..,,__..____._.______.624, 708, 718, 997, 1223 SE 33--Chatham County; extension of industrial
areas __.__._...__.____________________704, 725, 760, 767, 1031 HE 17-64b--Cherokee County; school
superintendent ______________________________159, 240, 243, 398, 599 HE 16-64a--Cherokee County; school system ____159, 240, 242, 393, 599 HE 22-64g--Cobb County; paving ___________160, 240, 243, 408, 1066 HE 20-64c--Crisp County; school system ._._____160, 240, 243, 400, 599 HE 33-96f--Dougherty County; building permits __170, 239, 243, 412, 600 HE 28-96a--Dougherty County; paving ___________169, 240, 243, 410, 600, 819 HE 42-110b--Dougherty County; promotion of
industries ._.___________._____--186, 240, 243, 418, 600 HE 199-531n--Dudley; promotion of industries ._702, 760, 773, 1011, 1224 HE 82-214g--Floyd County; street lights .______267, 381, 391, 955, 1222 HE 59-163h--Glynn County; homestead exemption __.218, 304, 312, 423, 704 HE 140-399d--Gwinnett County; board of
education ....__.,,_.-...-._....__....__._____514, 548, 556, 981, 1223 HE 148-428b--Hall County; fire protection ...___.546, 708, 718, 989, 1223 HE 143-399g--Hall County; road and street
improvements ____________________________________515, 548, 556, 984, 1223 HE 149-428c--Hall County; school system ______547, 708, 718, 990, 1223 HE 21-64f--Heard County; board of education ..__..160, 240, 243, 405, 600 HE 129-348g--Louisville; promotion of
industries _.._____..._..__..______448, 548, 556, 976, 1222
1424
INDEX
SR 28--Macon County; board of education ..........560, 561, 708, 719, 1022 HE 64-194a--Method of amendment of
Constitution _________________237, 575, 588, 1183, 1368, 1370 SR 32--Mosquito control in Chatham County __704, 725, 760, 767, 1025 HR 123-348a--Muscogee County; licenses and
occupational taxes _________....__447, 548, 556, 973, 1225, 1236 SR 36--Pierce County; board of education __..704, 725, 760, 768, 1027 HR 50-130b--Polk County; school superintendent ..__.....240, 244, 420, 600 HR 32-96e--Review by Supreme Court and Court of Appeals of
judgments of juvenile courts ....___........170, 304, 311, 523, 1136 HR 47-129c--Salaries of State officials ........___199, 575, 587, 1189, 1405 HR 138-399b--Stewart County; board of
education ______-.- ______.i__......._____..514, 575, 589, 978, 1223 HR 147-428a--Stewart County; schools __..___.546, 708, 717, 987, 1223 HR 79-214d--Thomas County; board of education ..._266, 381, 391, 950, 1221 HR 186-531a--Traffic courts in counties of more
than 300,000 __..__.___------_------700, 760, 772, 944, 1009, 1224 HR 166-477c--Vidalia Development Authority ........623, 693, 993, 1225, 1232 HR 105-300f--Walton County; school system __....351, 381, 391, 960, 1223
CONSTITUTIONAL AMENDMENTS (DID NOT PASS).
HR 126-348d--Abolition of death penalty ....___________..447, 811, 820 HR lll-319b--Ad Valorem taxation of motor vehicles ..___....379, 569, 811
HR 212-608b--Authority of General Assembly as to taxation ......_.__....._______.____..___..883, 1065, 1113
HR 213-608C--Carroll County School System ______________883, 927 HR 214-608d--Carroll County School System ....______._._..__883, 927
HR 14-37a--Finality of judgments of Justices of the Peace ____--.131, 575
HR 81-214f--Jurisdictions of Courts of Ordinary ........__.__..__.____266, 304, 312, 1110, 1155, 1186
HR 5-18e--Insurance of school property ._.--.__..._.__....___----.124, 134 HR 87-261a--Municipal traffic ordinances .......___......___..300, 708, 717
HR 139-399c--Payments to Veterans and survivors _____...,_514, 575, 589 HR 70-200e--Paving of streets, sidewalks, etc., by Counties ____.__..... 239
HR 69-200d--Terms of Justices of Supreme Court, Judges of Court of Appeals, and Judges of Superior Courts ___._.239, 575, 588
HR 168-477e--Traffic Courts ............-._._.__-..._.__....__.........624, 812, 822
CODE SECTIONS (PASSED).
HB 486--5-105--Amending--Salary of Commissioner of Agriculture .___._-----694, 765, 768, 849, 850, 1224, 1234
SB 37--16-440 Added--Payment by savings and loan association of value of share to incompetent ..._.--___.-448, 467, 628, 631, 1376
HB 355--23-407--Amending--Survey of disputed county lines _--,,..--.--------_------___.473, 516, 519, 674, 878
SB 60--23-1705--23-1709--Amending--Performance bonds, contractors with counties ----..._..___..598, 602, 763, 774, 1360
SB 35--23-1804--Amending--Use of prisoners in intercounty improvements __..--_______________.........569, 713, 1262
HB 379--24-2501--Amending--Clayton Judicial Circuit created ._____..------_........__511, 689, 712, 733, 752, 785, 1066
INDEX
1425
HB 422--24-2714--Amending--Duties of superior court
clerks ...._.____...__._______.,,,,._,,___.___544, 816, 821, 1179, 1406 HB 400--24-2715--Amending--Duties of superior court
clerks ._..____........__--______.._...._______________ 515, 714, 1112, 1406 HB 131--25-105--Amending--Borrowing by credit
unions ....__....._.......__......._._....._.._..___..... 200, 468, 628, 856, 1215
HB 131--25-113--Amending--Fidelity bond of credit unions ._......_._......_...______________.__.____._..________200, 468, 628, 856, 1215
HB 131--25-117--Amending--Entrance fees, transfer fees, etc., credit unions ..._.........___________--___.___.___._200, 468, 628, 856, 1215
HB 131--25-112--Amending--Reports, examinations, license of
credit unions ..__--_-_______--,,_______-200, 468, 628, 856, 1215 HB 148--26-2214--Repealing--Kindling fire on land
of another ._.__._._____________...________.___215, 352, 354, 428, 754, 1253 HB 148--26-2215--Repealing--Kindling fire with intent
to injure _ ......._____.....____._._..__--215, 352, 354, 428, 754, 1253
HB 148--26-3601, 26-3602--Amending--Misdemeanors and felonies (setting of fires, etc.) ....___.______..__._.. 215, 352, 354, 428, 754, 1253
HB 148--26-3603--Repealing--Wilful and malicious firing of woods, lands or marshes ...-_.___.......__.......___...215, 352, 354, 428, 754, 1253
HB 407--26-6301--Amending--Obscene pictures, books, etc. __........____..._..._.... .....___.._.._._.__.B42, 713, 714, 863, 1323, 1342
HB 234--26-6304--Repealing--Obscene matter _...__296, 383, 388, 530, 919 HB 148--26-7704--Repealing--Wilfully, or negligently
setting fires ______.-___,,.__--215, 352, 354, 428, 754, 1253 HB 59--27-210, 27-212--Amending--Commitment after
arrests __.__.158, 201, 203, 228, 879, 1254, 1354, 1358, 1368, 1381 SB 35--27-2506--Amending--Punishment for
misdemeanors .._......__.__...-...-_____.-...-._._.-.____-....-.__-_-...__569, 713, 1262 SB 35--27-2510--Amending--Concurrent or successive
sentences ...,,_______..,,__......--____._______--___....- -,,----____669, 713, 1262 SB 35--27-2513--Amending--Electrocutions ....__......._._.... .569, 713, 1262
SB 35--27-2515--Amending--Electrocutions -__._--___.,,_ .569, 713, 1262
HB 35--27-2702--27-2707--Repealing--Statewide Probation
Act
.... 130, 154, 171, 193, 601, 603, 636, 726, 752, 754
HB 449--30-101--Amended--Decree in divorce;
when final _______.,, ..._._____.......___..........._:...._. 572, 813, 821, 903, 1325
HB 448--30-123--Amending--Relief from disabilities,
divorce .....--____.........._.___..._.___.__._..--.......572, 763, 767, 902, 1325
HB 433--39-912--Amending--Suspension of county school
superintendents ......... ......-._._._......,,____._... 570, 709, 714, 847, 1324
HB 434--32-1008--Amending--Removal of county school
superintendents ........__.___..-.-...-_,._._........___.....570, 709, 715, 861, 1325
SB 6--32-2901--Amending--Teachers in privately operated
non-sectarian schools ___......._.__......___.__.--200, 206, 306, 310, 359
HB 587--34-2601--Amending--Election of sheriff in certain counties ......._.___.___--..______.-....________.__._....-810, 884, 892, 939, 1320
HB 323--34-3301-34-3303, 34-3307--Amending--Voting by mail ____._.._........._.._._...._....__.___..__________.._..443, 580, 587, 1114, 1406
HB 141--35-236, 35-237--Amending--Restoration to sanity ________-214, 304, 308, 497, 1224, 1241 -
HB 386--38-1501--Amending--Witnesses, attendance and fees ..____,,.__......-_____...----,,__--____~_512, 576, 583, 647, 879
SB 33--39-1201--Amending--Place, time and manner of sales under execution ______________________________-316, 317, 765, 774, 1368
1426
INDEX
HB 185--40-1101--Amending--Payments by State Treasurer on warrant of Deputy Comptroller General ___235, 306, 309, 360, 707, 1246
HB 185--40-1505--Amending--Deputy Comptroller General _______...___________.________.235, 306, 309, 360, 707, 1246
HB 119--Ch. 42-1, 42-3, 42-99--Amending--Georgia Pood Act ___________________________197, 303, 307, 490, 753
HB 103--42-201--Amending--Concentrated commercial feeding stuffs __._____________.._____._184, 303, 307, 492, 705
HB 103--42-205--Amending--Inspection fees,
feeding stuffs .__________________.__184, 303, 307, 492, 705 HB 103--42-206--Amending--Registration of feeding
stuffs ._._.__________________...184, 303, 307, 492, 705 HB 103--42-207--Amending--Contents of commercial
feeding stuffs ___,,________..______..184, 303, 307, 492, 705 SB 32--Ch. 42-4--Repealing--Meat, poultry and dairy processing
plants _---___._____._______597, 601, 763, 774, 1278, 1296, 1308 HB 206--50-107--Amending--Habeas corpus,
return day _______._________________265, 353, 354, 490, 1136 SB 99--52-216--Amending--Participation by policyholders in
profits of insurance companies __...872, 897, 1133, 1155, 1388, 1390 HB 183--53-201--Amending--Marriage
licenses _______-.__________235, 264, 352, 383, 440, 922, 1048 SB 78--Ch. 54-6--Amending--Employment Security
Act amended _________________________.___600, 602, 629, 631, 1327 HB 54--59-601--Amending--Charge to
grand jury ___________________________......157, 516, 517, 1178, 1404 HB 81--59-720--Adding--Examination of jurors ...167, 202, 204, 287, 521 HB 122--62-1011--Amending--Compensation of veterinarian
examining cause of infectious diseases .......197, 303, 501, 559, 753 SB 61--67-1701--Amending--Liens........ HB 503--67-1906--Repealing--Unclaimed
laundry .______________________.__.____._______696, 816, 822, 1163, 1404
SB 61--67-2001, 67-2002--Amending--Mechanics' and materialmen's liens _________....._632, 655, 763, 774, 1355
HB 269--67-2001, 67-2003--Amending--Laborers' and materialmen's liens ___.______.____302, 452, 454, 496, 754
HR 114--68-405--Amending--Size and load limitations of motor vehicles _,,._______.____._..__._ 186, 206, 241, 361, 560, 565
HB 259--69-308--Amending--Damage actions against municipal corporations, prerequisite demand ______._300, 353, 354, 531, 877
HB 237--74-9902--Amending--Abandonment (illegitimate children covered) ___________ 296, 383, 388, 1176, 1365, 1380
HB 10--Ch. 84-4--Amending--Barber and beautician examiners _.___.122, 133, 136, 208, 211, 226, 289, 874
SB 16--84-603, 84-604, 84-608, 84-609, 84-611--Amending, Practice of chiropody ________._._.____-__268, 278, 451, 455, 739
HB 298--84-702--Amending--Unauthorized practice of dentistry ________._______._________.__.360, 392, 451, 485, 636
SB 161--84-710--Amending--Licensing of dentists of other States _____________.1068, 1086, 1133, 1140, 1260
HB 467--84-915--Amending--Renewal fee of license to practice medicine _____________.....622, 713, 717, 847, 1216
HB 197--84-1007--Amending--Registration fee of graduate nurses __________-___.-_____238, 451, 453, 534, 875
HB 467--84-1010--Amending--License renewal fee, registered nurses __________________.__622, 713, 717, 847, 1216
INDEX
1427
HB 197--84-1010--Amending--Validation of certificates of registered nurses ------.___________________238, 451, 453, 534, 875
HB 197--84-1012--Amending--Examination and license of
undergraduate nurses ----------_____----_____238, 451, 453, 534, 875 HB 467--84-1012--Amending--License renewal fee,
undergraduate nurses ____----------_..--_-.62e, 713, 717, 847, 1216 HB 197--84-1015--Amending--Certification of
non-resident nurses _,,_,,_____------__--------.238, 451, 453, 534, 875 HB 363--84-1101--Amending--Optometry
defined _._._..........:._.....__----------508, 548, 554, 1139, 1166, 1194 HB 467--84-1207--Amending--License renewal fee,
osteopaths ___-....,,--------___--------__------______.622, 713, 717, 847, 1216 SB 47--84-1317--Amending--Sale of drugs in
vending machines ___----------------_____----449, 468, 548, 556, 1389 HB 205--84-1401--Amending--Real estate
brokers, licenses __.,,_--._____,,___----------------264, 764, 766, 1088, 1385 SB 135--84-1422----Repealing--Nonresident real
estate brokers ___----_----------------________873, 898, 1214, 1226, 1391 HB 467--84-1505--Amending--License renewal fee,
veterinarians _____._.____----------------------__622, 713, 717, 847, 1216 HB 502--84-9925--Amending--Billiard room
licenses --------.------------------------------696, 766, 770, 1159, 1404 SB 89--85-1604--Amending--Appointment of
land processioners ------------------------_ -.-703, 724, 813, 819, 1358 HB 384--92-3120--Amending--Distribution on liquidation
of corporation ----------511, 581, 583, 857, 1225, 1248, 1260, 1281 HB 94--92-4101--Amending--Taxation (City
of Albany) _______----------------------169, 202, 205, 221, 225, 521 SB 35--95-804--Road work by prisoners ._..'-....---------------569, 713, 1262 HB 531--101-205--Amending--Distribution by State
Librarian of law books ----------------------700, 765, 772, 844, 1216 HB 193--101-207--Amending--Distribution of laws and
and journals of General Assembly----237, 550, 552, 609, 879, 1245 SB 88--114-706--Amending--Workmen's compensation,
hearings regarding disagreements .----918, 941, 1065, 1214, 1315
CODE SECTIONS (DID NOT PASS)
HB 220--6-1002--Amending--Operation of bill of exceptions as supersedeas in civil cases ----------.----.------------------294, 693
HB 556--9-103--Amending--Qualifications of applicants for bar examinations _______________,,__--------------------758, 885, 890
HB 247--9-103--Amending--Qualifications of applicants for bar examinations _____________________............ 298, 353, 354, 429, 476
HB 89--13-201--Amending--Drive-in or sidewalk teller banks ----168, 478 HB 478--13-203--Amending--Branch Banks ._-__________----------------------625 HB 5--13-203--Amending--Branch Banks ___..._.....121, 131, 135, 139, 761 HB 305--13-203--Amending--Branch Banks ____-----------------------376, 478
HB 17--22-308--Amending--Procedure for obtaining Corporation Cnarter .....................___------------123, 131, 137, 139
HB 204--24-601--Amending--Search Warrants _____________ 264, 516, 518, 1095
HB 19--26-301--Amending--Persons of sound mind defined __,,......._......._..._____------------125, 134, 137, 530
HB 19--26-302--Amending--Jurisdiction of juvenile courts over infants ,,______----------..--------_-----_ 125, 134, 137, 530
1428
INDEX
HB 609--26-2504, 26-2505--Amending--Eobbery
or armed robbery ____._____._______.....__883, 930, 933 HB 337--26-4507, 26-4508--Amending--Punishment
for escape, rescue, etc. ._____________._._____445, 816, 820 HB 595--26-4701--Repealing--Common barratry defined-.__.880, 1071 1076 HB 338--26-5103-26-5106--Repealing--License to
carry pistol ...__..__..____.._.___....._______445, 762, 767 HB 90--26-6306--Amending--Condemnation of obsence
and vehicle transporting .._.........._...._--______.,,________----.--.--_--168 HB 313--26-6908--Repealing--Pishing on
Sunday ._._._________....__._.._377, 480, 481, 529, 562, 680 HB 1--27-2506--Amending--Service of
misdemeanor sentences ,,....___..________.._.....120, 134, 135 HB 138--30-116, 30-124, 30-126--Amending--Divorce -.213, 353, 353, 439 HB 281--32-904--Amending--Compensation of members
of County Boards of Education.-_......_____________________--.348 HB 361--32-904--Amending--Compensation of members of
County Boards of Education ....._.--._.508, 629, 631, 793, 825, 859 HB 279--34-3301--Amending--Absentee Ballots ___.____._____347 HB 203--38-215--Adding--Inadmissibility of evidence obtained
by unlawful search, arrest, etc..----_..____.264, 516, 518, 1095 HB 88--38-415--Amending--Cross-examination of
of defendant under oath .._...------.....----....._-_168, 202, 204, 228 HB 67--38-415, 38-416--Amending--Confessions
and Admissions __________________________.,,______161, 201 HB 438--40-305-jAmending--Authority of Governor to
employ agents, extradition agents ___________570, 713, 715 HB 66--46-208--Amending--Wages exempt from garnishment ._____160, 305 HB 58--50-107--Amending--Return Day,
writ of habeas corpus ._______________..._____________________158, 353 HB 583--59-112--Amending--Age limits for
jury exemption _______________,,_________________809, 886, 892, 1192
HB 84--59-202--Amending--Findings of Grand Jury-_._168, 353, 353, 502 HB 398--66-103--Amending--Wages due to be paid to widow
of deceased employee _.._____________.____________________.513 HB 235--58-608--Amending--Public drunkenness ...._....___..._-__.___...___296
HB 249--67-1403--Amending--Recording of conditional bills of sale ....____.....__._..------...____.....__.298, 928, 1132
HB 82--67-1403--Amending--Recording of conditional bills of sale .___.._._._______________-__167, 201, 204, 288
HB 270--68-202, 68-207--Amending--Registration of motor vehicles _.302 HB 36--68-206--Amending--Registration of motor vehicles ....__.131, 155 HB 169--69-309--Adding--Traffic control by municipal
corporations _______._._______________________._233, 580, 586 HB 236--Ch. 74-3--Amending--Proceedings to
establish paternity ______________________________.__..______296, 577 HB 319--74-104--Amending--Age of legal majority __....._._..379, 816, 820 HB 37--74-9902--Amending--Penalty for abandonment __________________131
HB 586--85-1604--Amending--Appointment of land processioners ----_..-_-.-_._.-__-__.-.._-__.____..-...__-..810, 871, 1074
HB 387--87-207--Amending--Service on absent or nonresident defendants __________._..._.._..__.._..----._...--_________512
HB 196--89-704, 89-705, 89-9914--Repealing--Fees of county officers ....238 HB 85--92-4101, 92-4102, 92-4103--Repealing--Municipal taxation ......168 HB 571--92-4105--Repealing--Tax or license by municipal
corporations on traveling salesmen _____________________,_807, 931, 932
INDEX
1429
HB 174--92-4611--Amending--Tax receivers' duties .__.__234, 452, 453 HB 174--92-4901--Amending--Tax collectors' duties ______234, 452, 453 HB 543--93-307--Amending--Jurisdiction of Public
Service Commission ___.._.._____________.___756, 1073, 1075 HB 574--100-101 et. seq.--Amending--State Depositories ....__.....807, 927 HB 324--114-101--Amending--"Employer" and "Employee" defined .-.443 HB 428--114-101--Amending--"Employer" and "Employee" defined .-546 HB 132--114-403--Amending--Subrogation ________.___.__.____212 HB 52--114-404--Amending--Total incapacity ________________.__...._157 HB 514--114-501--Amended--Medical and other treatment ----........698, 751
COURTS.
SUPREME COURTS.
HR 32-96e.--Review of juvenile court judgments; proposed amendment to the Constitution ...__......170, 304, 311, 523, 1136
COURT OF APPEALS
HR 32-96e.--Review of juvenile court judgments; proposed amendment to the Constitution ___._.170, 304, 311, 523, 1136
SUPERIOR COURTS.
HB 86--Atlanta Circuit; additional judges __.___--.168, 202, 204, 732, 1065 HB 92--Atlanta Circuit; solicitor-general
and assistants _.._._..___..__.._____________----169, 202, 205, 224, 483 HR 76-214a--Atlanta Circuit; terms of judges; proposed
amendment to the Constitution .------266, 381, 391, 944, 945, 1221 HB 329--Bainbridge; procedure rules _____________444, 549, 553, 592, 876 HB 548--Baxley; procedure rules ________._.......757, 813, 823, 895, 1319 HB 590--Buford; clerk's salary _____________----880, 1071, 1076, 1141, 1402 HB 356--Camden; assistant solicitor _______________474, 515, 519, 558, 878 SB 95--Chattahoochee Circuit; additional judge __703, 723, 751, 885, 1263 HB 413--Chattooga; juries ______________....543, 576, 585, 722, 1138, 1233 SB 118--City court abolished in counties of
22,700 to 23,400 ...._......__......._...__705, 724, 927, 1069, 1145 HB 379--Clayton Circuit created ___.511, 689, 712, 733, 752, 785, 1066 HB 458--Decatur; abolished _........___.....620, 712, 716, 777, 1256, 1301 HB 577--Decatur; judge's salary ___._._____808, 887, 892, 938, 1325, 1341 HB 461--Decatur; practice and procedure _______621, 712, 716, 777, 1138 HB 181--Dublin; amendments ____________235, 384, 386, 456, 1401 HB 155--Dublin; compensation of judge
and of solicitor ________._____________.___.216. 384, 385, 456, 1400 HB 73--Eastern Circuit; additional judge .___..161, 202, 203, 731, 1065 HB 168--Elbert; terms ___.....______________233, 477, 580, 643, 918 HR 207-587c--Forsyth; law books to;
a resolution ____________._________810, 1072, 1078, 1141, 1403 HB 168--Franklin; terms .........___________________.233, 477, 580, 643, 918 HB 504--Fulton; compensation of judges ___________.696, 761, 770, 832, 1219 HB 168--Hart; terms ___________________________233, 477, 580, 643, 918 HB 480--Jefferson; compensation of judge
and of solicitor _______________________._.____625, 764, 768, 827, 1218 HB 225--Johnson; terms ______________....__295, 382, 387, 459, 875 SB 166--Lexington; judge's compensation __1139, 1150, 1213, 1227, 1296
1430
INDEX
HB 391--Lumpkin; terms __________________________513, 576, 584, 648, 1066 HB 33--McDuffie; terms _____-_-__._..__._____.._.___,._____.127, 171, 172, 188, 314 HB 168--Madison; terms ._,,_______.....______.233, 477, 580, 643, 918 HB 40--Marion; terms .____.__..________,,_______.________...155, 171, 173, 189, 314 SB 132--Newnan; judge's compensation .__.._...__.839, 840, 887, 893, 939 SB 129--Piedmont Circuit; reporter's salary __873, 898, 1074, 1080, 1145 HB 236--Randolph; law books to; a resolution -_-.,,__._...-_..__..._1085, 1404 HR 30-96e--Rockdale; law books to;
a resolution __..._-__..__________._________--_______.__._.170, 220, 222, 244, 482 HB 377--Rome Circuit; Solicitor-general
and assistant _._____.__...________._____________________.__510, 575, 583, 721, 1137 HB 396--Sandersville; judge, solicitor ____________._......___ 513, 549, 555, 595, 876 HB 547--Southern Circuit; judge's
compensation --__.-__-_..__-_____________________757, 804, 1071, 1106, 1401 HB 604--Stephens; grand juries ___ ,, _ 882, 930, 933, 1083, 1402 HB 459--Stone Mountain Circuit; judges _..________620, 712 716, 1040, 1318 HB 24--Waynesboro; clerk's fees ____________________ 125, 171, 172, 187, 314 HB 126--Webster; terms ______________________._198, 240, 242, 276, 483
CIVIL COURTS.
HB 617--DeKalb; amendments _,,___....___.,,___.. 924, 1069, 1076, 1143, 1403 HB 460--DeKalb; amendments ____________621, 712, 716, 777, 1256, 1296 HB 341--Fulton; amendments -____......__446, 764, 767, 828, 1325, 1340
CRIMINAL COURTS. HB 523--Fulton; judges' salary ....._______________.699, 764, 771, 836, 1221
JUVENILE COURTS
HB 70--Act of 1951 amended (counties of 150,000 or more but less than 300,000) _._-____--____________ 161, 202, 203, 271, 482
HR 32-96e--Judgments, review by appellate courts; proposed amendment to the Constitution _______.170, 304, 311, 523, 1136
HB 353--Jurisdiction as to adopted children _____473, 548, 554, 746, 919 HB 87--Practice of law by judges ____._-..___168, 201, 204, 280, 707, 732
COUNTIES AND COUNTY MATTERS--NAMED COUNTIES
HB 224--Atkinson; commissioners -__._.__-__.___.______.__.294, 382, 387, 458, 634 SB 12--Baldwin; commissioners .__________________268, 278, 928, 1213, 1228 HB 158--Baldwin; zoning and planning __._-_._.._.___216, 240, 242, 277, 559 HB 95--Banks; sheriff's compensation _______169, 240, 242, 276, 483, 537 HB 392--Barrow; commissioners, election and compensation
of chairman _________________.________.._.._____. 513, 576, 584, 648, 920 HR 201-531p--Brooks; board of education; proposed amendment
to the Constitution _____________________.702, 760, 773, 1014, 1224 HR 67-200b--Calhoun; law books to superior court _238, 578, 588, 643, 921 HB 519--Carroll; compensation of commissioner
and clerk .._____-___-__-____-________..-___698, 761, 771, 836, 1220 HB 589--Carroll; tax commissioner .___._______880, 930, 932, 1081, 1401
INDEX
1431
HB 599--Catoosa; board of utilities commissioners __.______..________________881, 930, 932, 1082, 1320
HB 510--Charlton; compensation of commissioners ....___..___._______._._.697, 762, 770, 834, 1218
SB 82--Chatham; civil service system .__.____482, 484, 575, 590, 653 SR 33--Chatham; extension of industrial area; proposed
amendment to the Constitution _.._.......--...704, 725, 760, 767, 1031 HB 414--Chattooga; commissioner _...._______543, 576, 585, 722, 1280, 1303 HB 412--Chattooga; purchases _..________..__543, 576, 585, 722, 1317 HB 619--Cherokee; fee system ....,,....__..,,..._.__..924, 1069, 1077, 1143, 1403 SB 165--Cherokee; salaries (Act of
1953 repealed) __._.___._._.._._...__________1139, 1149, 1213, 1226, 1295 HE 17-64b--Cherokee; school superintendent; proposed amendment
to the Constitution _____________________________.159, 240, 243, 398, 599 HR 16-64a--Cherokee; school system; proposed amendment
to the Constitution _________________.___159, 240, 242, 393, 599 HB 517--Clarke; fire, sanitation and
sewerage districts ________________________..698, 762, 771, 835, 1220 HR 52-163a--Clarke; law books to ordinary;
a resolution ________-_..__-__-____________.__.__.___.___.___217, 578, 588, 643, 921 HB 490--Clay; court of ordinary ________________________694, 762, 768, 828, 1217 HB 399--Clayton; commissioners _.___._______.___________514, 576, 584, 648, 920 HR 142-399f--Clayton; law books to
superior court __________._._____.__,,_..515, 578, 589, 650, 1067 HR 22-64g--Cobb; paving; proposed amendment
to Constitution ______________________160, 240, 243, 408, 1066 HB 68--Cobb; zoning and planning ________,,_______161, 171, 174, 190, 396 SB 140--Colquitt; compensation
of officials ___._________________________.__.__.____873, 899, 927, 1069, 1146, 1282 SB 85--Colquitt; tax commissioner ______________________558, 561, 709, 719, 780 HB 199--Colquitt; water districts ____________________238, 270, 342, 707, 1252 SB 121--Colquitt; waterworks, sewerage, sanitation,
and fire protection ________________________,____705, 724, 762, 775, 838
HR 20-64e--Crisp; school system; proposed amendment to the Constitution __________.________________._______160, 240, 243, 400, 599
HB 245--DeKalb; board of education, election _.__.___298, 689, 761, 780, 1136
HB 124--DeKalb; commissioners ______________._____198, 689, 761, 780, 1224, 1237
HB 578--DeKalb; merit system ____________________ ___________808, 930, 932, 1081, 1401
HB 244--DeKalb; planning commission ________297, 689, 761, 780, 1325, 1341
HB 246--DeKalb; salaries of elective county officials ___._,,._-_________________298, 689, 761, 781, 1280, 1302
HR 77-214b--Dougherty; Albany-Dougherty County sewerage system; proposed amendment to the Constitution __266, 381, 391, 947, 1221
HR 84-214i--Dougherty; Albany-Dougherty County sewerage system; proposed amendment to the Constitution __267, 381, 392, 957, 1222
HR 33-96f--Dougherty; building permits; proposed amend ment to the Constitution _..._________________170, 239, 243, 412, 600
HB 381--Dougherty; fire protection _______________511, 576, B83, 647, 1066
HR 28-96a--Dougherty; paving; proposed amendment to the Constitution ______________________169, 240, 243, 410, 600, 819
HR 42-110b--Dougherty; promotion of industries; proposed amendment to the Constitution _________________186, 240, 243, 418, 600
HB 303--Dougherty; tax commissioner's assistants __376, 450, 454, 481, 875
1432
INDEX
HR 53-163a--Douglas; law books to; a resolution ^____217, 579, 588, 643, 921 HB 410--Douglas; zoning __.........________....._._____._...-....._543, 576, 584, 651, 920 HB 38--Fayette; tax commissioner _____________,,._.._-___155, 171, 173, 188, 314 HB 369--Floyd; compensation of members of
board of education -_____..._._______.__.___.-..........509, 576, 583, 721, 1137 HB 390--Floyd; fee system abolished .-_.________......._.512, 575, 584, 721, 1137 HR 82-214g--Floyd; street lights; proposed
amendment to the Constitution ______________267, 381, 391, 955, 1222 HB 367--Floyd; utility systems __________.._.________509, 575, 582, 721, 1225, 1232 HB 198--Franklin; commissioner ..._...__.._........238, 269, 270, 312, 922, 1051 HR 49-130a--Franklin; law books to
superior court; a resolution ____._.....,,____...... 199, 220, 222, 244, 482 HB 567--Fulton; judges' and solicitor-general'
retirement system ._,,_________....____.....__..806, 884, 891, 941, 1319 HB 420--Fulton; judges' and solicitor-general's
retirement system _.._____......__........ 544, 576, 585, 652, 1068, 1251 HB 491--Fulton; pension system amended _____._._____._695, 761, 769, 829, 1217 HB 334--Fulton; salaries of deputies ...445, 515, 519, 557, 879, 1197, 1201 HB 419--Fulton; sheriff's salary _______...._.._..___._.._______544, 576, 585, 652, 1066 HB 597--Glascock; sheriff's expenses ........._._.._._. .881, 930, 932, 1082, 1320 HB 368--Glascock; tax commissioner __________509, 575, 582, 721, 1225, 1232 HR 172-477i--Glynn; Brunswick and Glynn County sewerage system;
proposed amendment to the Constitution__624, 708, 718, 1003, 1223 HR 170-477g--Glynn; Brunswick-Glynn County sewerage system; pro
posed amendment to the Constitution ______624, 708, 718, 997, 1223 HB 325--Glynn; commissioners ____._......-_.-_-___.-._.-.-.-__444, 474, 515, 557, 876 HR 59-63h--Glynn; homestead exemption; proposed
amendment to the Constitution _____________ _^_218, 304, 312, 423, 704 HR 171-477h--Glynn; port facilities; proposed
amendment to the Constitution .,,..__._.......624, 708, 718, 1000, 1223 HR 175-477i--Glynn; port facilities; proposed
amendment to the Constitution .__._..._625, 709, 718, 1006, 1224 HR 140-399<i--Gwinnett; board of education; proposed
amendment to the Constitution .._..,,________514, 548, 556, 981, 1223 HB 211--Gwinnett; commissioners __....._____..______....________265, 382, 386, 457, 633 HB 212--Gwinnett; compensation of sheriff; clerks of court,
ordinary; etc.; fees, costs; audits ___-____.__.__265, 382, 386, 457, 633 HB 213--Gwinnett; tax commissioner
and treasurer .......__--____..__......._________.____,,____266, 382, 386, 457, 633 HB 39--Habersham; commissioners ____________________155, 171, 173, 188, 874 HB 240--Hall; advisory referendum .._._.........___._......297, 382, 388, 461, 634 HR 148-428b--Hall; fire protection; proposed
amendment to the Constitution _______________546, 708, 718, 989, 1223 HR 143-199g--Hall; road and street improvements;
proposed amendment to the Constitution ._515, 548, 556, 984, 1223 HR 143-428c--Hall; school system; proposed
amendment to the Constitution ...___........____547, 708, 718, 990, 1223 HB 159--Hancock; tax commissioner __..--.._....-_.-..._216, 240, 242, 277, 483 SR 37--Harris; law books to ordinary _........___._....._633, 654, 814, 818, 896 HB 96--Hart; board of finance ....__._......_.____,,.....___,, 169, 240, 242, 276, 521 HR 21-64f--Heard; board of education; proposed
amendment to the Constitution ___.___________160, 240, 243, 405, 600
HB 44--Heard; commissioners -____.__..__.._....___._......156, 171, 173, 189, 314
SB 131--Irwin; commissioners _.____......_._......_.___....873, 898, 930, 934, 1084
SB 149--Jenkins; tax commissioner's salary .___918, 942, 1069, 1079, 1148
INDEX
1433
SB 138--Laurens; ordinary's compensation ........918, 942, 1069, 1078, 1145 HB 515--Long; ordinary's compensation _.____.698, 762, 771, 835, 1219 HB 371--Lowndes; voting machines ________._510, 576, 583, 646, 919 HB 411--Lumpkin; tax commissioner's
compensation ___.....____.______.....543, 576, 585, 651, 920 HB 555--Lumpkin; zoning ....__.._________....758, 812, 823, 895, 1221 SR 28--Macon; board of education; proposed
amendment to the Constitution ______560, 561, 708, 719, 1022 HB 621--Macon; election of commissioners _.___--924, 1069, 1077, 1144, 1403 HB 582--Macon; ordinary's compensation .____809, 884, 891, 938, 1320 HB 533--Meriwether; commissioner's
compensation __________________________________.755, 812, 822, 894, 1318 HB 285--Miller; voting machines ____________......348, 576, 582, 645, 919 HB 230--Montgomery; tax commissioner's
compensation ________________,,__._._...295, 382, 387, 460, 634 HB 339--Muscogee; fire protection districts ____.446, 515, 519, 558, 877 HR 123-348a--Muscogee; licenses and occupational
taxes; proposed amendment to the Constitution ,,__________________447, 548, 556, 973, 1225, 1236 HB 201--Newton; treasurer _______________.___239, 269, 270, 312, 560 SR 36--Pierce; board of education; proposed amendment to the Constitution ___.____704, 725, 760, 768, 1027 SR 14--Pierce; conveyance of land; to; a resolution ___633, 654, 887, 893 HR 50-130b--Polk; school superintendent; proposed amendment to the Constitution _____________240, 244, 420, 600 HB 452--Pulaski; commissioner's salary _.____.573, 709, 716, 776, 1317 HB 41--Rabun; tax commissioner's clerk ........__.155, 171, 173, 189, 314 HR 237--Randolph; law books to ordinary; a resolution __.._._____________________.______1085. 1100, 1404 HR 118-319i--Richmond; Augusta-Richmond County board of tax assessors; proposed amend ment to the Constitution ___________380, 548, 556, 969, 1222 HB 385--Richmond; board of education ___________512, 576, 583, 647, 1066 HR 205-587a--Richmond; land conveyance to; a resolution _____________.....__....810, 931, 932, 1116, 1406 HB 228--Richmond; tax commissioner ....______.295, 382, 387, 459, 598 HB 180--Rockdale; tax commissioner's compensation ___________________________235, 269, 270, 312, 522 HB 524--Spalding; agricultural agent and home demonstration agent .................________699, 762, 772, 836, 1220 HB 251--Spalding; compensation of commissioners ..298, 382, 388, 462, 703 HR 138-399b--Stewart; board of education; proposed amendment to the Constitution __.._.________.514, 575, 589, 978, 1223 HR 151-428e--Stewart; law books to superior court and to ordinary; a resolution ._....._______547, 814, 821, 893, 1323 HR 147-428a--Stewart; schools; proposed amendment to the Constitution _....__...546, 708, 717, 987, 1223 HB 433--Sumter; Americus-Sumter County planning commission ......_......._____....627, 709, 717, 779, 1138 HB 440--Sumter; zoning ___________.._____.....571, 709, 715, 775, 1137 HR 79-214d--Thomas; board of education; proposed amendment to the Constitution __.._..___266, 381, 391, 950, 1221 HB 591--Thomas; fee system abolished ........__.......880, 930, 932, 1081, 1402 HB 594--Thomas; tax commissioner _______.880, 930, 932, 1082, 1320 HB 526--Troup; compensation of commissioners ....699, 761, 772, 837, 1221 HB 264--Troup; pension system amended ,,____.__302, 382, 389, 464, 635
1434
INDEX
HB 321--Union; tax commissioner's office and hours ________________________._______380, 515, 519, 557, 876
HR 105-300f--Walton; school system; proposed amendment to the Constitution _________351, 381, 391, 960, 1222
HB 496--Wheeler; sheriff's compensation _______...695, 761, 769, 831, 1218 HB 498--Wheeler; treasurer's bond ________________696, 762, 769, 832, 1218
COUNTIES AND COUNTY MATTERS (DID NOT PASS)
HB 522--Clayton, fee system abolished .__-__________________________________ ______699, 928 HB 210--Gainesville-Hall County Planning Commission __ _______._______265, 929 HB 292--Camden, Point Peter Road _______________________.________._______________349 HB 275--Gwinnett; commissioners __...________________________________._347 HB 369--Ployd; compensation of members of
board of education _______-____-_____-______,,___.__509, 576, 583, 721, 1137 HB 373--Ware County HB 551--Ware County; primaries __________________757, 812, 823, 894, 1221
COUNTIES AND COUNTY MATTERS--BY POPULATION
HB 427--Assistant solicitor-general in counties of 75,000 to 112,500 _.___...__.._______....._._._____..._.__546, 575, 586, 653, 1066
HB 462--Assistant solicitor-general in counties of 120,000 to 150,000 ________________________________621, 712, 716, 777, 1138
HB 559--Board of education, compensation of members in counties of 4,815 to 4,950 _.758, 812, 823, 895, 1220
HB 557--Board of education, compensation, expenses, attorney in counties of 5,970 to 6,008 __._____758, 812, 823, 895, 1220
HB 439--Board of education, compensation of members in counties of 24,200 to 24,300 ____571, 709, 715, 775, 1137
SB 127--Board of education, revenues in counties of not less than 300,000 ____-______.___________.___-_.__873, 898, 930, 934, 1084
HB 495--Budgets in counties of 200,000 or more ____695, 761, 769, 831, 1217 HB 421--Compensation of county commissioners
in counties of 200,000 _____..__._________._________544, 576, 585, 652, 1066 SB 87--Compensation of joint city-county tax assessors
(Act of 1952 amended) ____._.__-___..._558, 562, 709, 719, 779 SB 52--Consolidation of schools in
counties of 8,500 to 8,600 ____.___________838, 840, 885, 893, 1274 HB 72--County probation officers in counties of 150,000
or more but less than 300,000 -_.____.161, 201, 203, 274, 482, 746 SB 86--County school taxes in counties of not
less than 300,000 __________...._.._._.......__558, 561, 709, 719, 838 HB 566--Director of public safety in counties
of 300,000 or more ____________.806, 884, 890, 941, 1281, 1306 HB 107--Election hours in counties of
118,026 to 118,100 ______________________________185, 240, 242, 276, 483 HB 587--Election of sheriff in counties of 300,000 or
more; Code Section 34-2601 amended __._...810, 884, 892, 939, 1320 HB 544--Joint city-county board of tax assessors
in counties having city of more than 300,000 ___________.._._______...__......_____..._756, 812, 823, 940, 1326, 1339 HB 252--Limited access highways in counties of 300,000 or more _____________________________.299, 384, 389, 462, 704 SB 150--Local registrars in counties of 300,000 or more; vital statistics law amended ____-_______922, 943, 1069, 1079, 1148
INDEX
1435
HB 378--Microfilming of ordinary's records in counties of 100,000 to 114,000 _____________511, 576, 583, 647, 1217
HB 537--Pension system in counties of 300,000 or more amended ______________755, 812, 822, 939, 1318
HB 282--Per diem of board of education members in counties of 3,585 to 3,700 _______...________348, 382, 391, 464, 1401
HB 576--Qualified electricians in counties of 85,000 to 90,000 ________.___________________807, 887, 891, 938, 1320
HB 505--Road system in counties of 300,000 or more ___________.._____________________.___._697, 761, 770, 833, 1219
HB 418--Superior court clerk's salary in counties of 300,000 or more __._-_-__-__________544, 761, 767, 826, 1217
SB 159--Tax assessments in counties having city of 300,000 or more _____________1068, 1086, 1213, 1226, 1295, 1327
HB 592--Tax commissioners in counties of 5,900 to 5,951 ____.____._____.________.880, 930, 932, 1082, 1402
HB 50--Tax receiver's commissioners in certain counties (Act of 1955, p. 2639 amended) ....157, 171, 173, 190, 314
HB 365--Tax sales in counties of 12,100 to 12,200 ____509, 575, 582, 646, 919 HR 186-531a--Traffic courts in counties of more than
300,000; proposed amendment to the Constitution _____.________________700, 760, 772, 944, 1009, 1224 HB 143--Treasurer's assistant in counties of 100,000 to 110,000 _______________________________214, 240, 242, 277, 521 HB 468--Warm Air Heating Equipment Act applicable in counties of 6,008 to 6,079 _____________622, 709, 717, 779, 1218 HB 538--Warm Air Heating Equipment Act applicable in counties of 6,975 to 7,000 ____._.___.755, 812, 822, 894, 1401 HB 625--Warm Air Heating Equipment Act applicable in counties of 15,784 to 16,500 _____._______925, 1069, 1077, 1144, 1403 HB 443--Warm Air Heating Equipment Act applicable to counties of 27,786 to 29,000 ______________571, 709, 715, 776, 1138 SB 105--Warm Air Heating Equipment Act applicable to counties of 30,289 to 30,975 _________706, 725, 1069, 1080, 1144 HB 507--Warm Air Heating Equipment Act applicable in counties of 34,500 to 36,500 ..__....._._..697, 762, 770, 833, 1218 SB 77--Warm Air Heating Act of 1949 applicable in counties of 4,113 to 43,000 ______703, 703, 725, 1069, 1080, 1144
MUNICIPAL CORPORATIONS--NAMED CITIES (PASSED).
HB 528--Acworth; mayor and aldermen __..__700, 764, 772, 834, 1221 HB 565--Adrian, corporate limits ______________806, 930, 931, 1080, 1319 HB 360--Ailey; charter amended ________________________508, 550, 554, 594, 878 HR 77-214b--Albany; Albany-Dougherty County sewerage system;
proposed amendment to the Constitution ..266, 381, 391, 947, 1221 HR 84-214i--Albany; Albany-Dougherty County sewerage system;
proposed amendment to the Constitution ^267, 381, 392, 957, 1222 HB 304--Albany; City employees ._..______._________376, 550, 552, 591, 875 HR 41-110a--Albany; promotion of industries; proposed
amendment to the Constitution _____________185, 240, 243, 415, 600 HB 93--Albany; qualified voters _________________..__.____169, 202, 205, 224, 483 HB 380--Albany; retirement system amended _.._____511, 549, 559, 595, 878 HB 94--Albany; taxation, Code Section 92-4101
amended ____________________________169, 202, 205, 221, 225, 521
1436
INDEX
HB 508--Allentown; charter repealed _._-________.__.__._697, 764, 770, 833, 1218
HB 509--Allentown; charter ___.____.,,______,,_--._____,,__..__. 697, 887, 889, 935, 1318
HB 441--Amerieus; advertising ._..._____............___._...571, 711, 715, 776, 1137
HB 483--Amerieus; Americus-Sumter County
planning commission _.__-...__..__--._......__-...627, 709, 717, 779, 1138
HB 120--Amerieus; charter amended _-__,,_._--_____._-___.197, 305, 307, 355, 559
HB 343--Athens; firemen's pension
system amended .............-_____....._______.___._,,___._. 446, 549, 553, 593, 877
HB 342--Athens; land conveyance authorized -446, 549, 553, 593, 688, 877
HB 347--Athens; street closing authorized _______.________447, 549, 554, 593, 877
HB 344--Athens; water and sewer mains __-______._.__._..446, 549, 553, 593, 877
SB 141--Atlanta; board of education budget __-___-.--..-755, 806, 813, 1318
SB 91--Atlanta; charter amended ____._..,,_._.____________.. 559, 562, 764, 775, 838
HB 535--Atlanta; charter amended ,,,,___.___---...__-____._-_-_755, 806, 813, 1318
HB 256--Atlanta; election managers;
corporate limits ..._.._____...._..___.____........_299, 764, 766, 825, 1225, 1248
SR 42--Atlanta; indebtedness; proposed amendment to
the Constitution
._923, 944, 1131, 1141, 1229, 1324
HB 357--Atlanta; municipal court, waterworks ..474, 929, 1072, 1148, 1401
HB 97--Atlanta; parks ...__.__._......._.___.___.........170, 305, 307, 354, 1280, 1303
HB 108--Atlanta; recreation facilities ......._.______--_.. 185, 305, 307, 355, 1317
SR 21--Atlanta; revenue anticipation certificates; proposed
amendment to the Constitution ____________,,_. .560, 561, 760, 767, 1020
SB 124--Atlanta; salaries of mayor and
aldermen ..________............_____...._____-_-_-_........_.872, 897, 1072 1080, 1145
HB 444--Auburn; officers and employees -_____________571, 764, 767, 827, 1217
HR 118-319i--Augusta; Augusta-Richmond County
board of tax assessors; proposed amendment
to the Constitution .._...__..__.__._............_.______._..380, 548, 556, 969, 1222
HB 494--Augusta; land conveyance to Sears
Roebuck & Co., authorized ........________,,.695, 764, 769, 830, 1219
HB 4S3--Avondale Estates; charter amended ........621, 712, 716, 778, 1138
HB 432--Baxley; corporate limits extended .__.........570, 711, 714, 775, 1137
HB 314--Berkeley Lake; charter
_ _377, 550, 553, 591, 1317
HB 512--Bremen; school tax _..........____......-.._....________.697, 764, 771, 834, 1220
HR 170-477g--Brunswick; Brunswick-Glynn County sewerage system;
proposed amendment to the Constitution ..624, 708, 718, 997, 1223
HR 172-477i--Brunswick; Brunswick-Glynn County
sewerage system; proposed amendment to
the Constitution _____.........____.......-......_..______.624, 708, 718, 1003, 1223
HB 200--Brunswick; charter amended ______________238, 306, 309, 357, 561, 565
HR 175-477i--Brunswick; port facilities; proposed
amendment to the Constitution ---.____..625, 709, 718, 1006, 1224
HR 171-477h--Brunswick; port facilities; proposed
amendment to the Constitution ...... _._________624, 708, 718, 1000, 1223
HB 23--Byron; corporate limits ...__............___........125, 172, 172, 187, 269
HB 406--Cairo; corporate limits extended _________..542, 578, 584, 651, 920
HR 230-621e--Calhoun; reconveyance of land; to;
a resolution _,,___.. ___._._.__.__________________925, 1073, 1078, 1162, 1408
HB 26--Camilla; street closing authorized _________126, 171, 172, 187, 269
HB 242--Camilla; treasurer _.._.__________________________297, 383, 388, 461, 634
HB 296--Cedartown; parking facilities .......__.........350, 383, 390, 466, 599
HB 295--Cedartown; street and sidewalk improvements ________________________________.350, 383, 390, 466, 599
HB 312--Chatsworth; corporate limits ___-__._._____377, 549, 552, 591, 876
INDEX
1437
HB 98--Clarkesville; charter ..______________._._ _._-____183, 202, 205, 225, 426, 469
HB 42--Clayton; lease of golf course property _.______156, 171, 173, 189, 314
HB 109--Colbert; charter amended __._._-_.__._______-___... 185, 202, 205, 225, 427
HB 316--College Park; charter amended .....379, 764, 766, 825, 1225, 1250
HB 332--College Park; corporate limits extended ___.444, 550, 553, 592, 877
HB 317--College Park; wards ___.________._-....... -379, 764, 766, 826, 1225, 1251
HB 123--Columbus; conveyance of part of Bay
Avenue authorized .._____.______.___-______.____,,..________ 197, 305, 307, 355
SB 122--Columbus; corporate limits extended ______.___753, 781, 814, 819, 896
HB 238--Columbus; water commissioners ___--__..__. 296, 384, 388, 461, 634
HB 374--Conyers; charter amended __....-__.____-___-.____..510, 549, 555, 595, 878
HB 602--Conyers; corporate limits _. _..___..._____________882, 931, 933, 1083, 1402
HB 370--Conyers; recorder's court ______..___._.______...______509, 549, 554, 595, 878
HB 21--Cordele; commissioners, city manager ______125, 172, 172, 186, 268
HB 222--Covington; corporate limits _._.._.__________.____...294, 383, 386, 458, 633
HB 223--Covington Mills; charter revoked ___________._.294, 384, 386, 458, 634
HB 465--Dallas; charter ________________ ______._.__..621, 711, 716, 778, 1326, 1338
SB 59--Dalton; -charter amended .._..________. .__.______.____482, 484, 550, 556, 596
HB 179--Dalton; corporate limits extended ___.___._..___234, 306, 309, 357, 598
HB 178--Dalton; school system ..___._.__._._._._.__._..__.___.____234, 305, 308, 357, 598
SB 76--Dawson; charter amended _.______.__._________.______520, 523, 578, 589, 653
HB 273--Dawson; charter amended _.___..____........ .___..___ 303, 383, 390, 464, 635
HB 293--Douglas; charter amended _....._..__-_-_______._____349, 384, 390, 465, 635
HB 290--Douglas corporate limits extended ________ ______349, 384, 391, 467, 635
HB 289--Douglas; corporate limits extended ___________ 349, 384, 390, 465, 635
SB 92--Dublin; elections _____________ _________560, 562, 1064, 1134, 1146, 1282
SB 137--Dublin; school tax .....,,__.___.___.____-___________ 918, 942, 1064, 1134, 1146
HR 199-513n--Dudley; promotion of industries; proposed
amendment to the Constitution ______...__._...702, 760, 773, 1011, 1224
HB 182--East Dublin; recorder's court ._____...____.____ 235, 383, 386, 457, 1401
HB 157--East Dublin; tax returns ___._____._.________________216, 384, 386, 456, 1400
HB 62--Eatonton; charter amended ___.____.._______________.159, 172, 173, 190, 315
HB 46G Fitzgerald; civil service, insurance __...__.____.621, 712, 717, 778, 1218
HB 262--Forest Park; charter amended ___._..___.....____. 301, 384, 389, 463, 599
HB 497--Franklin Springs; corporate limits _..__...695, 764, 769, 831, 1218
HB 166--Fullerville; charter surrendered ...________.______218, 305, 308, 357, 559
HB 364--Gainesville; charter amended _.____.___.._______. 509, 550, 554, 594, 1215
HB 233--Gainesville; street improvements _.___._. _... 296, 384, 387, 460, 634
HB 63--Georgetown; corporate limits ___...._..__________ .159, 171, 173, 190, 315
HB 250--Griffin; closing of part of North
First Street _.__.___.__..___...___.____.__._.. ..... ...... .. 298, 384, 388, 462, 705
HB 318--Griffin; corporate limits extended .. 379, 478, 630, 720, 921, 1058
HB 252--Griffin; corporate limits extended ______________299, 384, 389, 462, 704
HB 616--Hapeville; charter amended ________________ 924, 1072, 1076, 1143, 1403
HB 539--Helen; corporate limits ...__.___._____ ..........756, 887, 890, 935, 1319
HB 553--Hiawassee; charter ... ... ..__...__.
758, 885, 893, 936, 1319
HB 415--Hiram; charter _____ _. .... ......... ........... 543, 578, 585, 651, 920
HB 558--Hogansville; corporate limits . .__ __.__________.758, 887, 890, 937, 1319
HB 568--Hogansville; corporate limits ._.___.._______._..._.806, 887, 891, 937, 1319
HB 405--Ideal; corporate limits .__._____._._____._.________ ..542, 578, 584, 650, 920
HB 615--Jesup; charter amended _______ 923, 1072, 1076, 1142, 1326, 1351
HB 209--Kingsland; alley closings authorized _____._____.__......._..___.__..._____. ......266, 306, 309, 358, 638, 1257
HB 569--Kite; charter amended _...______..__.___.__.._.__.._.. 806, 887, 891, 937, 1319
HB 618--Lake City; mayor and councilmen ..924, 1072, 1076, 1143, 1403
1438
INDEX
HB 518--Lawrenceville; corporate limits
extended ----------------------------------698, 764, 771, 835, 1220
HB GOO--Linwood; charter amended ---------------881, 931, 933, 1083, 1402
HR 129-348g--Louisville; promotion of industries; proposed
amendment to the Constitution ----------..448, 548, 556, 976, 1222
HB 232--Lula; charter ---- .,,_.--------_._.____--__.295, 384, 387, 460, 921, 1085
HB 612--Macon; anti-tubercular sanatarium ....___.884, 931, 933, 1083, 1402
HB 150--Macon; charter amended -----------..----.215, 306, 308, 356, 559
HB 613--Macon; closing of part of First
Street authorized ----------------------884, 931, 933, 1084, 1403
HB 564--Macon; corporate limits
----760, 887, 890, 937, 1319
HB 614--Macon; eminent domain _...____..--------923, 1072, 1076, 1142, 1403
HB 611--Macon; hospital commission .------------.884, 931, 933, 1084, 1402
HB 330--Macon; mayor and council ..--------------......444, 549, 553, 592, 877
HB 610--Macon, pension system
amended ----..--------------883, 931, 933, 1142, 1323, 1343, 1394
HB 75--Macon; pensions in police and fire
departments --__..--------------------------166, 202, 204, 224, 427
HB 76--Macon; police and fire departments _.-- ......166, 202, 204, 224, 427
HB 151--Macon; street closing authorized ----------215, 549, 552, 590, 875
HB 300--Macon; street closing ratified ------------350, 384, 391, 466, 599
HB 125--McRae; compensation of mayor
and aldermen .......----------------------------198, 305, 307, 355, 557
HB 350--Manchester; corporate limits ------------. 473, 549, 554, 596, 878
HB 349--Manchester; taxation --------------.....------. 473, 549, 554, 596, 878
HB 153--Milledgeville; corporate limits extended--216, 541, 578, 639, 1215
HB 152--Milledgeville; corporate limits
extended ----------------------------------215, 541, 578, 636, 1215
HB 156--Milledgeville; zoning .----------..........----------216, 383, 385, 456, 875
HB 404--Monroe; corporate limits extended ----------542, 578, 584, 650, 876
HB 527--Moultrie; corporate limits
extended ------------------------700, 764, 772, 837, 1280, 1305
SB 51--Moultrie; utility systems .------ ----1139, 1149, 1227, 1289, 1298
HB 362--Mt. Vernon; corporate limits -..------------508, 550, 554, 594, 878
HB 287--Mountain View; charter --.....------------349, 383, 390, 464, 704
HB 546--North West Point; charter ----------------757, 887, 890, 935, 1319
HB 445--Perry; election of mayor and councilman ..572, 712, 715, 776, 1138
HB 575--Pine Lake; elections ___._.._----------------807, 887, 891, 938, 1320
HB 214--Pineview; ad valorem tax -.----------------.266, 306, 310, 358, 633
HB 22C--Pooler; charter amended ....-------- .------ ..295, 384, 387, 459, 634
HB 229--Pooler; corporate limits --------_------__ 295, 383, 387, 459, 634
HB 373--Reidsville; city court . ........--------.-- .._ 510, 576, 583, 646, 878
HB 453--Richland; eminent domain ----_...--------.573, 712, 716, 777, 1318
HB 403--Rincon; election hours .----,,--..___ _ ............ 542, 578, 584, 650, 920
HB 598--Ringgold; qualified voters ..
.... 881, 931, 932, 1082, 1320
HB 297--Riverdale; charter .--------.....-------------- 350, 384, 390, 466, 599
HB 64--Roberta; corporate limits extended -------.159, 172, 173, 190, 315
HB 499--Rome; corporate limits extended ----...-- 696, 764, 769, 832, 1219
HB 500--Rome; retirement system amended --. -- ..696, 764, 770, 832, 1219
HB 302--Royston; charter amended _.._........._.--------375, 550, 552, 590, 875
HB 2S8--St.'Marys; charter amended ----......----------349, 384, 390, 465, 635
HB 291--St. Marys; street closings authorized ...... 349, 384, 390, 465, 635
HB 516--Sandersville; corporate limits extended -.698, 764, 771, 835, 1220
HB 231--Savannah; civil service system amended -295, 383, 387, 460, 599
SB 21-SB 29--Savannah; election and terms of mayor,
aldermen and recorder .-.....----......----..268, 278, 306, 311, 358
INDEX
1439
SB 28--Savannah; recorder ..____.____.-..____________.____________268, 278, 306, 311, 359
HB 417--Savannah; sale of land to Taliaferro Baptist Church _____.._____.----_-__.____________________544, 578, 585, 652, 920
HB 69--Smyrna; charter amended _______ ____________________161, 171, 174, 191, 269 HB 358--Smyrna; corporate limits extended _____...._.__474, 549, 554, 594, 878 HB 331--Statesboro; utility systems __..____._________________444, 508, 549, 592, 877 HB 464--Stone Mountain; city clerk and police ______621, 711, 716, 778, 1138 HB 540--Thunderbolt; zoning ___.....__.___.___._____._.._______756, 887, 890, 935, 1319 HB 32--Tignall; charter __.___._..________________.___.._____.____._126, 171, 172, 222, 482 HB 506--Valdosta; corporate limits ,,____. .__________________69 7, 764, 770, 833, 1318 HR 166-477c--Vidalia; Vidalia Development Authority; proposed
amendment to the Constitution ____......_____623, 693, 993, 1225, 1232 HB 165--Villa Rica; corporate limits extended ______ 218, 305, 308, 356, 559 HB 308--Warner Robins; charter amended _________ ___376, 550, 552, 591, 876 HB 307--Warner Robins; charter amended _._.._________376, 549, 552, 591, 875 HB 22--Waynesboro; ad valorem tax ______________________ 125, 172, 172, 187 268 HB 160--West Point; licenses .____.._-__...-_______.________.___217, 305, 308, 356, 559 HB 513--Whitesburg, police court -_________________.___.____698, 764, 771, 834, 1221 HB 492--Winder; corporate limits extended .......... 695, 764, 769, 829, 1217 HB 488--Winder; real property evaluation _____________.694, 764, 768, 828, 1219 HB 489--Winder; recorder ._.........__.___.___.._._......_..._._..694, 764, 768, 828, 1219
MUNICIPAL CORPORATIONS (DID NOT PASS).
HB 536--Fire Department pensions in cities of more than 150,000 .____._.........__._,,.....__. ..____755, 812, 822, 939, 1318
HB 544--Joint city-county board of tax assessors in counties having city of more than 300,000 ....756, 812, 823, 940, 1326, 1339
SB 142--Pension system in cities of more than 150,000 ... _ ........ ......__._..__.... ._ ...873, 899, 1072, 1079 1147
HB 545--Pension system in cities of more than 150,000 _________.____........._______.___________756, 887, 890, 940,1280, 1305
HB 534--Police department pensions in cities of more than 150,000 _.___.___................ .....755, 887, 889, 894, 940, 1318
SB 159--Tax assessments in counties having city of 300,000 or more __________________ 1068, 1086, 1213, 1226, 1295, 1327
HB 469-HB 260--Zoning and planning in cities of 300,000 or more ............... 622, 764, 768, 827, 1218; 300, 382, 389, 463, 635
MUNICIPAL CORPORATIONS--BY POPULATION.
HB 120--Americus; charter amended ....__._.... __.____..__197, 305, 307, 355, 559 HB 479--Albany, charter amended ________.__..._._...__...._... ___________________________ _______625 HB 622--Macon, charter amended ________._______________________....... ._925, 1072, 1077 HB 144--Macon, charter amended ________________________________ ____..214, 305, 308, 356 HB 573--Wrightsville, charter amended ........................... 807, 888, 891, 938 HB 210--Gainesville-Hall County Planning Commission ________________._265, 929 HB 34--Cartersville; charter amended ............................127, 154, 172, 188 HB 163--Rincon; charter amended _.....____..__..____.... ... ................... .... 217
--Reidsville
RESOLUTIONS AUTHORIZING COMPENSATION (PASSED).
HR 46-129b--Compensaton to W. W. Armistead .___ 199, 480, 481, 527, 839 HR 150-428d--Compensation to B. & B. Beverage
Company ______.__.__....._____.__.. .._...._..........._._.. 547, 816, 821, 1054, 1322
1440
INDEX
HR 54-163c--Compensation to A. C. Bennett and Mamie Bennett ________________________________________________217, 241, 244, 280, 707
HR 88-261b--Compensation to Ernest and Dorothy Brooks __________...______._____________________.______________-_____300, 452, 454, 527, 840
HR 158-454e--Compensation to T. W. Christian ______574, 817, 821, 1055, 1322 HR 56-163e--Compensation to Ralph Cleveland ___ 218, 631, 632, 1053, 1321 HR 19-64d--Compensation to Mr. Carlton Coleman and
Mrs. Evelyn Law Thomas _____ ______________.__._._.160, 480, 481, 526, 839 HR 116-319g--Compensation to Dr. Hess and
Clark, Inc. .. _________________________________________ 380, 452, 455, 528, 1136 HR 3-18c--Compensation to Horace Evans, Sr._______ 123, 241, 242, 279, 707 HR 80-214e--Compensation to Lincoln Fortune -----266, 384, 391, 527, 840 HR 39-109a--Compensation to Fountain's Dry Cleaners
and Laundry, Inc. ,,...,,......._..._.....____.__._._._. 185, 1073, 1077, 1195, 1405 HR 127-348e--Compensation to Early T. Grant and
John A. Willding ________ ________ _________448, 630, 632, 741, 1139, 1253 HR 110-319a--Compensation to Walker Harris _____ 379, 816, 820, 1053, 1321 HR 169-477f--Compensation to Mrs. Henry C.
Hill _____________________________________________ 624, 1073, 1077, 1194, 1405 HR 203 561b--Compensation to Emil Kalock .... 759, 1073, 1078, 1201, 1405 HR 95-261i--Compensation to Jackson Electric
Membership Cooperative _ ... _____________ 301, 480, 481, 528, 840
HR 119-319J--Compensation to Mrs. W. A. Johnson __380, 816, 819, 905, 1322
HR 68-200c--Compensation to T. Q. Jones and Mrs. Vallie Jones ___________.,,___.___ _________ 239, 551, 555, 799, 1137
HR 58-163g--Compensation to Leon Lewis ______________218, 579, 588, 796, 1321
HR 155-454b--Compensation to Mrs. Lillian Lord __._573, 816, 821, 905, 1222
HR 93-261g--Compensation to Hall S. Martin _________ 301, 452, 455, 528, 840
HR 197-531L--Compensation to Mrs. Ann H. Meyer ..... .. .......... .....................702, 817, 822, 1052, 1323
HR 29-98b--Compensation to Dr. John Mooney _____________ 170, 815, 1052, 1321
HR 112-319c--Compensation to W. S. Mooneyham __379, 630, 632, 1053, 1322
HR 125-348c--Compensation to Preston Morris ______447, 517, 519, 1054, 1322
HR 125-348c--Compensation to Preston Morris ______447, 517, 519, 1054, 1322
HR lG5-477b--Compensation to C. B. Price __ 623, 760, 765, 772, 1055, 1323
HR 128-348f--Compensation to Quante Plumbing and Heating Company .. ...... ............... ...448, 816, 820, 1054, 1322
HR 157-454d--Compensation to Nolin Burl Randolph _____._.________._.____.____________________..______...573, 816, 821, 1054, 1322
HR 173-477J--Compensation to Hal Saunders, Jr. __._624, 751, 815, 905, 1222
HR 102-SOOc--Compensation to W. E. Sheppard ......351, 551, 556, 685, 1067
HR ll-18k--Compensation to Felton Smallwood .....125, 241, 242, 280, 707
HR 6G-200a--Compensation to George B. Stoffragen __ ...... ...._..._____.____._._.___._________.._..238, 480, 481, 527, 839
HR 198-531m--Compensation to Charlie B. Swint __702, 816, 822, 1052, 1323
HR 90-261d--Compensation to Theolia F. Todd ___ _300, 579, 588, 795, 1222
HR 89-261c--Compensation to George H. Verner, Arthur E. Verner and Miss Anne Verner __._._.__......._.... 300, 452, 454, 528, 840
HR 103-300d--Compensation to Daniel H. Walker __________________ ... ..,,.____.........._..._______351, 631, 632, 1053, 1321
HR 92-261f--Compensation to J. D. Walker __________ 301, 816, 819, 901, 1321
INDEX
1441
COMPENSATION RESOLUTIONS (See Part V)
(Did Not Pass)
HR 208-587d--Compensation to Wilton Banks....----_.--______.._._-- 810 HR 114-319e--Compensation to Emma
Mae Bell ________________.__-______._______379, 478, 815, 825, 914, 1103 HR 226-621a--Compensation to Steve Black--..__.._...__._______ 924 HR 4-18d--Compensation to James Franklin Chance.--_-.._._._._._. 124 HR 241-626b--Compensation to Judson A. Dye .___..__________ 1131 HR 164-477a--Compensation to Mrs. Ruth Edwards Cox____...._...__.__ 623 HR 104-300e--Compensation to Dudley Y. Coyle.__..________-____ 351 HR 160-454g--Compensation to R. C. Grumpier---_.__._____---574, 816 HR 200-531o--Compensation to W. J. Easier..__._--......--._..__.-......._ 706 HR 8-18h--Compensation to Ed Fountain ...._._.___.._..___.____.__124, 579 HR 234-626a--Compensation to Mrs. Lela Mae Griffin..----.._____._ 926 HR 195-531J--Compensation to Mrs. Ivan T. Harris .....__..702, 1074, 1077 HR 94-261h--Compensation to Lamar Jamerson ...._........301, 579, 588, 1209 HR 101-300b--Compensation to W. L. Jessup, Jr. ..,,.._._..__.___.._.__.. 351 HR 156-454c--Compensation to Clifford W. Kegg ----------------...._..._... 573 HR 137-399a--Compensation to Hon. J. H. Kicklighter (Court Costs
in habeas corpus Cases) ._..._...___--------________________ 514 HR 115-319f--Compensation to Lillie Ruth
Lee ____________________--_.___._-..-380, 478, 815, 825, 914, 1102 HR 228-621c--Compensation to Horace Andrew McCullers_....__.._____ 925 HR 10-18J--Compensation to Middle Georgia Bottling
Company of Macon __._._._._._..__..._____.._...__.___._..______________________________ 124 HR 184-482b--Compensation to Randall Fuel Company ___________________627, 805 HR 183-482a--Compensation to Randall Fuel Company ________________627, 805 HR 174-477k--Compensation to Nolin Burl Randolph _____.._.________625, 867 HR 176-478a--Compensation to Mrs. Roscoe Simpson, Sr...----,,__-_.________. 625 HR 78-214c--Compensation to Estate of W. B. Shelton ______________________ 266 HR 91-261e--Compensation to C. R. Strickland ___._.__._..______._...__ 301 HR 159-454f--Compensation to George W. Walker ____________________....574, 816 HR 55-163d--Compensation to E. A. Windham _______________________________ 217 HR 117-319h--Compensation to R. G. Wilkes ________._._.__._..._._.__380, 815 HR 154-454a--Compensation to Rev. L. N. Yarbrough __._________.573, 751
MISCELLANEOUS RESOLUTIONS
(Passed) See Resolutions in numerical order in back of Index HR 136--Accrediting of high schools __._.________.____----______________.504, 560 HR 107--Aid to farmers; memorial to Congress _______.__.....373, 449 SR 30--All-South Centennial Committee _______..449, 468, 1135, 1140, 1378 HR 97--Armour & Company commended _._--------------------____343, 426 HR 51--Attorney-General of U. S. censured ___________________.207, 560 HR 217--Automotive training school at Atlanta General Depot _.915, 1067 J.S.R. 2--Hon. W. A. Blasingame member of State Highway Board __ 128 HR 96-261J--J. T. Bruce, J. C. Barfield and H. H. Gill
relieved as sureties ___...._____________________..__._301, 548, 555, 673, 1222 HR 43--Chapel in State Capitol _______._--._-.___________--___.______191, 212 SR 15--Cloudland Canyon State Park, land
exchanges ___._,,.._.__________________....................706, 724, 887, 893, 1263 HR 206-587b--Colonel Benjamin Hawkins Bridge
designated ______------._.________________.810, 886, 892, 1059, 1322 SR 54--Committee rooms and offices for General
Assembly --------____.----__________._____1326, 1351, 1408
1442
INDEX
HE 62--Committee to confer with other States as to common problems __.___________...__..____--__-230, 306, 311, 343, 601, 607
HR 133--Committee to negotiate with Alabama committee as to boundaries ____.___________,,_--__.-_--------.--________..______--._-- 469, 522
HR 247--Compensation resolutions pending in General Assembly _____.._._,,.__.___,,--_-__._..___.__..____.__1174, 1323
HR 181-481c--Conveyance of islands in Savannah and Tugaloo Rivers to U. S. ..-_.-______..._....___._---626, 713, 719, 1206, 1407
HR 12-33a--Conveyance of land in Camden County to Federal Government ,,.,,__.._.......------_--___...127, 550, 555, 671, 920
HR 182-481f--Conveyance of land in Camden County to King's Bay Ammunition Loading Terminal .___.-._.-...626, 712, 719, 1207, 1407
HR 180-481d--Conveyance of land in Pulaski County to Town Creek Country Club __....._._......_.......-____._--... --626, 713, 719, 1205, 1405
SR 14--Conveyance of land to Pierce County .__._________._.633, 654, 887, 893 HR 131--Committee to study income tax laws ___.____469, 580, 590, 1119, 1407 HR 191--Disposition of plates, appellate court
reports ..........__._.______...,,_................_701, 871, 1074, 1101, 1156, 1399 HR 18-64c--Dr. Lester Neville Bridge designated --159, 305, 311, 487, 1136 HR 74--Hon. John H. Druffel commended ..._..--..._...-._..............._.....260, 315
HR 178-481b--Exchange of land in Pulaski County __.____..____.__..___--__._626, 713, 718, 1204, 1405
HR 222--Federal Aid for Education Bill ..__._.._._.._-.--_.____________________915, 1067 *
HR 37--Federal Aid for Education Bill ................176, 580, 590, 914, 1066 HR 235--Hon. John J. Flynt, Jr., commended ....._-._...-........_.___.__-.1085, 1224 SR 17--General Ezekiel Wimberly Bridge
designated _........_-._..._.____...._...-___...__........_.._449, 468, 710, 720, 1310 HR 73--Governor and Mrs. Marvin Griffin commended for
renovation of Mansion ______________,,______.._______,,__________._.._ ............260, 315
HR 13-33b--Grant of easement to Okefenokee Rural Electric Membership Corporation ____._____..--_.__________127, 550, 555, 672, 876
HR 57-163f--Harrell Highway designated ....._218, 305, 312, 503, 1139, 1240 HR 75--Hospital Care Study Commission
created _.__..._._.__________..._.__._.________.._..__________._260, 817, 819, 1168, 1405 HR 223--Institute of Law and Government commended _________.__._______915, 1067 HR 185--Interposition resolution .........__..___.._._.__.....670, 712, 714, 782, 1067 HR 260--Jekyll Island study committee .............____._.._._.._.._... 1335, 1354, 1363 HR 65-194b--Joint Economy Committee report,
implementation of _,,___.--.237, 313, 385, 427, 704 HR 45-129a--Judge I. Homer Sutton Bridge
designated ________.._________._____._.__.___.__.._....____.____.__199, 305, 311, 437, 876 HR 205-587a--Land conveyance to Richmond
County ._._________-_________.._......_.._L._...-......__.810, 931, 932, 1116, 1406 HR 67-200b--Law books to Calhoun Superior
Court .._..,,,,_......_..........._...........,,...,,.-________.._:__.238, 578, 588, 643, 921 HR 52-163a--Law books to Ordinary of Clarke
County __.,,............,,...,,.,,..................____..............217, 578, 588, 643, 921 HR 142-399f--Law books to Clayton Superior
Court .........................................____.__.-..........._.515, 578, 589, 650, 1067 HR 53-163b--Law books to Douglas County __...__..........217, 579, 588, 643, 921 HR 207-163b--Law books to Forsyth Superior
Court -....-...__-_.........-........-.--...______.-..........810, 1072, 1078, 1141, 1403 HR 49-130a--Law books to Franklin Superior
Court -_--.-_-___._______.T-_-.-__......._--___.........199, 220, 222, 244, 482 SR 37--Law books to Ordinary of Harris
County _.._.__...._.___..____.___._______.__._.__._.________633, 654, 814, 818, 896
INDEX
1443
HR 211-608a--Law books to City Court of Hinesville ......-----..-__-....__883, 1072, 1078, 1142, 1404
HR 236--Law books to Randolph Superior Court _,,____.___...,,--.....1085, 1404 HR 237--Law books to Ordinary of Randolph County ........1085, 1100, 1404 HR 30-96e--Law books to Rockdale Superior
Court ...._.---...--_-.---...._._.___.170, 220, 222, 244, 482 HR 151-428c--Law books to Superior Court and to Ordinary of
Stewart County .__.__.----.,,._.......___........__547, 814, 821, 893, 1323 J.S.R. 1--Hon. Roger H. Lawson a member of State
Highway Board ..._._._..__..._..__.....-.-__..........._____.._...............__.....128, 176 HR 209-B87e--Lease of property in Chatham County for Georgia Air
National Guard Armory ___.______......._.._._.__.811, 887, 892, 1059, 1322 HR 192-531g--Microfilming State records, study
of expense __..______._._...-.--_---_._-___.._...__._____._______701, 765, 773, 1408 HR 227-621b--National Guard armory in City
of Calhoun .__.__.__,,_____.__.-...___....--..._--.__..._925, 1073, 1078, 1161, 1408 HR 44--National Junior Chamber of Commerce commended _._._..___192, 212 HR 188-531c--Port facilities in Decatur County ......701, 889, 892, 1039, 1321 HR 189-531d--Port facilities in Glynn County ...____701, 889, 892, 1039, 1322 HR 204-561c--Port facilities in Richmond
County .._...._______.._..............___.-_...._..759, 815, 824, 914, 1038, 1282 SR 48--Preservation of battle flags of Confederacy ....._--_._.___1068, 1174 HR 230-621c--Reconveyance of land to City
of Calhoun _..........................._.._._....-.._--.925, 1073, 1078, 1162, 1408 HR 141-399e--Sale of land in Forsyth and Dawson Counties
to Robert Latham ._,,_.................__._--__..--_514, 550, 556, 1040, 1321 HR 60-163i--Sale of old Georgia National Guard armory site
in Milledgeville .__....................._.._._..__._.-.-.-._.218, 479, 517, 526, 877 HR 220--Southern Forest Fire Prevention Conference endorsed ....915, 1067 HR 258--Space for General Assembly in Capitol ..................1335, 1354, 1363 SR 23--Spoilage easement to Barnwell
Island .........................._.____..__......_.-.-..-..-__....521, 523, 630, 631, 1307 HR 194-5311--Study of advisability of State printing
office ____.__._.__._._._..........__._.________...____.___-__.7pl, 765, 773, 1102, 1408 HR 187-531b--Study of Legislative Economy Committee's recommenda
tions as to prison industries program ......700, 765, 773, 1101, 1407 HR 36--Surplus agricultural commodities __..__..........._.._.._._._._....175, 426 HR 177-481a--Suspension of certain license and examination
fees (Loan companies) ..._,,.._,,..._..__..626, 713, 718, 1106, 1407 HR 132--Tobacco allotments, leasing _____________________________________ ._..._._.^ _.469, 522 HR 231--Hon. Carl Vinson commended ......_.._--.__._._______....._~1060, 1137
Part III
ALPHABETICAL INDEX
A
Abandonment
HB 237--Illegitimate children covered; Code Section 74-9902 amended ___,,__________________ 296, 383, 388, 1176, 1365, 1380
HB 71--Trial on accusation ..__.__._..____._..__...161, 305, 307, 845, 1136 HB 37--Penalty; Code Section 74-9902 amended ._.....-.-._.-_.._.._.--._ 131
Absentee Voting. (See Elections)
Ackerman, Guerdon F. HR 196--Compensate _........_.__-_._..._...._......_.....-..702, 817, 822, 1052, 1325
Actions SB 81--Actions in which State party _...__..._...._.._633, 655, 765, 774, 1369
Acworth HB 528--Mayor and aldermen
_ ______..._.._.700, 764, 772, 834, 1221
Adoption
HB 352--Petition for; adoption declared null and void, when .__.._.,,.___...-...___.._.-...__473, 763, 767, 900, 1324
SB 25--One conformed copy; deposit of cost __.______..._.268, 278, 353, 354
Administrators SB 112--Sales by _._.......__-_..._.-.-..-......__-_...._..____-......._-___..706, 723, 1064, 1132
Admissions. (See Criminal Law)
Adrian HB 565--Corporate limits __._..._........_....__..........._......806, 930, 931, 1080, 1319
Agriculture
HR 107--Aid to farmers; memorial to Congress; a resolution ___.____-373, 449 HB 149-HB 208--Certified Public Weighers Act amended HB 106--Commercial feed and feeding stuffs;
Act of 1945 amended .........................__._......._184, 451, 453, 494, 753
INDEX
1445
HB 91--Egg weight and size classifications; license of candlers and graders _-_._-._,,__.-._.---_..___-._.169, 219, 221, 255, 427
SB 109--Farmers' markets, closing and disposition _.-__._...-.__......-._-.-_._.-._..-.706, 725, 811, 812, 819, 1309
SB 19--Farmers' markets, cull produce ...________._.._.-250, 259, 450, 455, 497, 522, 537, 754, 852
SB 26--Farmers' markets; leases ....__.___.......__426, 467, 516, 519, 613 HB 195--Qeorgia Seed Law _._________.__________.______._..__237, 304, 309, 433, 754 SB 50--Livestock and Poultry Disease
Control Board __..._____........_..._._.._.426, 467, 575, 589, 736, 751, 878 SB 125--Livestock auction sales ._______..._._._______..__872, 898, 929, 934, 1377 SB 32--Meat, poultry and dairy processing
plants __...._._______........__.___-.. ......__597, 601, 763, 774, 1278, 1296, 1308 HB 605--Milk dealers, inspection .......__........._._882, 929, 1070, 1196, 1405 SB 20--Pen-raised quail for commercial
purposes .__._.........__.__.........._.____._...__._--.--250, 259, 270, 318, 450 SB 27--Sale of meat, meat products, fish and
poultry by weight ____._,...........____...._._._...__.....316, 317, 451, 455, 499 HB 104--Seed, plant and variety certification __...184, 219, 221, 257, 426 HR 36--Surplus agricultural commodities; a resolution --______--___175, 426 HR 132--Tobacco allotments; leasing .,,_...____.__.._._....___.____469, 522 HB 31--Eggs; marketing regulations ._.....--_._.__.._.___..._126, 130 HB 187--Entomology, Bureau of; Act of 1937 amended ..,,._..__._-236, 517
Agricultural Products SB 158--Dealers, license and control ___...____.____.._.922, 943, 1070, 1079, 1315
Ailey
HB 360--Corporate limits; election of mayor and council _.________.___.___.____._____....__._____-.....__.508, 550, 554, 594, 878
Albany
HR 84-214i--Albany-Dougherty County sewerage system; proposed amendment to the Constitution ....._.__..._.267, 381, 392, 957, 1222
HB 479--Charter amended __..._._._-....._-__-_.-.-_..__...._.....-.-_,,-_._..__. 625 HR 77-214b--Albany and Dougherty County sewerage system; proposed
amendment to the Constitution .....__...._..266, 381, 391, 947, 1221 HB 304--City employees ....._.__...._._____..._._376, 550, 552, 591, 875 HR 41-110a--Promotion of industries; proposed amendment
to the Constitution .._.,,______..........._,,_....--...__185, 240, 243, 415, 600 HB 93--Qualified voters ................_._..__..__.._.._.!69, 202, 205, 224, 483 HB 380--Retirement system amended ..._____.___...______511, 549, 555, 595, 878 HB 94--Taxation; Code Section 92-4101
amended _______._.___.___...._._____...__..169, 202, 205, 221, 225, 521
Albany, City Court of HB 227--Amendments --_--......-...__.-_...._-._._..__.__..__295, 382, 387, 459
Alcoholic Beverages. (See Beer, Wine, Taxation, Minors, Counties)
HB 134--Advertisement of "spirituous liquors" and "distilled spirits" _____....,,_._____..._._____.__....___....._.. 213
1446
INDEX
HB 135--Minors; employment where sold ___..._.__._.__..._..____...._____.._._..__....__,,. 213 HB 16Ex.--Permits ,,...___._-.-.________-__......,,.-.-..,,...._,,,,..._.-____.._.,,..,,,,..-...-.,,.._. 69 HB 423--Sale of alcoholic beverages on State Property ._._....,,..--_..-,,. 544 HB 277--Sale of liquor, hours; Act of 1938 amended ..,,..,...____________347, 352 HB 315--Sale of liquor, hours; Act of 1938 amended -_.,,_..___-...._...-..... 377 HB 218--Revocation of license of dealers in malt beverages,
wines or intoxicating liquors .._.......-____........____....,,_.__............_...,,_ 294
Allentown
HB 509--Charter ..................___.....-...-.._.._.._..._._.._..697, 762, 770, 833, 1218 HB 508--Charter repealed _........__.......................__.._697, 764, 770, 833, 1218
All-South Centennial Committee SR 30--Creating resolution ._......._.__-..._.__...._449, 468, 1135, 1140, 1378
HR 180-348h--Resolution creating ._.___.-._._..._.,,,,..._....___.....-..-______....._-,,.,,. 448
Ambulance Service
SB 119--Contracts to furnish in future to be construed as health and accident insurance contracts ..............._.872, 897, 1132, 1140, 1365
American Experience Mortality Tables HB 53--Evidence as to life expectancy .__......._........157, 202, 203, 229, 598
Americus
HB 441--Advertising _-...--___.._._._.____.._.__671, 711, 715, 776, 1137 HB 483--Americus-Sumter County planning
Commission ......___.._..._,,.,,.........._.,,._._.._627, 709, 717, 779, 1138 HB 120--Charter amended .____.......-_.__.-_...._...-..-..._-_197, 305, 307, 355, 559 HB 120--Charter amended -,,.-_,,._..___-__.__...._--__..-____-197, 305, 307, 355, 559
Amusements HB 12Ex.--County tax on carnivals, etc. --_._......_.,,_._......_-..__.....17, 34, 48, 84
Anti-Freeze Substances
HB 116--Regulation of sales ....__...____,,.__-.,,_________--___._.196, 220, 250, 259
Appeal and Error
HB 220--Operation of Bill of Exceptions as supersedeas in civil cases; Code Section 6-1002 amended -._-._-.___-_.__-__-......-_-...._...-294, 693
Appropriations
HB 243--General Appropriations Act __._._....297, 541, 760, 787, 1256, 1268 SR 14Ex.--Distribution of funds; special session ._101, 106, 108, 110, 111
INDEX
1447
Armistead, W. W.
HR 46-129b--Compensation to W. W. Armistead for injuries .-..__.___.-.-...-.-.-...._.__-_-__-___.___-199, 480, 481, 527, 839
Armour & Company HR 97--Commending resolution ---..__._.......,,_.__... ______________,,_._..____.____343, 426
Arrest Bond Certificates HB 177--Guaranteed arrest bond certificates .._____234, 385, 386, 613, 1136
Arrests
HB 59--Commitment after arrest, with and without warrant; Code Sections 27-210, 27-212 amended ______234, 385, 386, 613, 1136
Athens
HB HB HB HB
343--Firemen's pension system amended ,,.--____446, 549, 553, 593, 877 342--Land conveyance authorized .___.....446, 549, 553, 593, 688, 877 347--Street closing authorized ._..-.....___._...447, 549, 554, 593, 877 344--Water and sewer mains .____-_--.....__._________446f 549, 553, 593, 877
Athletic Contests HB 18--Segregation of participants ............_........_._......123, 133, 137, 1179
Atkinson County HB 224--Commissioners _____--_____.__.._________294, 382, 387, 458, 634
Atlanta. (See Fulton County) Superior Courts; Criminal Court
SB 141--Board of education budget ___._____874, 899, 1072, 1078, 1290, 1324 SB 91--Charter amended (policemen, temporary employment of
pensioners, mayor's assistant, standing committees, corporate limits, water mains) ._._...______._._._--___.__________559, 562, 764, 775, 838 HB 535--Charter amended ...____.___.___..._...__........________.___._..755, 806, 813, 1318 HB 256--Election managers; corporate limits ...............-__......-_._--_.._____________.._299, 764, 766, 825, 1225, 1248 SR 42--Indebtedness; proposed amendment to the Constitution ............................_.923, 944, 1131, 1141, 1229, 1324 HB 357--Municipal court, waterworks ____.__-______474, 929, 1072, 1148, 1401 HB 97--Parks ............._._____....__.___.__.__.._._........170, 305, 307, 354, 1280, 1303 HB 108--Recreation facilities ............._..-............._.....185, 305, 307, 355, 1317 SR 21--Revenue anticipation certificates; proposed amendment to the Constitution ..... ......_.._.:____._______.______560, 561, 760, 767, 1020 SB 124--Salaries of mayor and aldermen ______.___.872, 897, 1072, 1080, 1145 SB 123--City Court _.___.___.____________________________872, 897, 1072, 1080, 1228, 1324 HB 469--Zoning and planning ordinances ................622, 764, 768, 827, 1218 HB 536--Fire Department ........ .. ..._.____.______.____.___755, 812, 822, 739, 1318 HB 544--Joint City-County Board of Tax Assessors ........... ------756, 812, 823, 940, 1326, 1339 HB 545--Pensions; employees ........_.__...._......._.756, 887, 890, 940, 1326, 1339
Atlanta General Depot HR 217--Automotive Training School; a resolution __.____________.________915, 1067
1448
INDEX
Atlanta Judicial Circuit
HB 86--Additional judges '------_,,--__----------------168, 202, 204, 732, 1065 HB 92--Solicitor-General and assistants --._..___169, 202, 205, 224, 483 HE 76-214a--Term of judges; proposed amendment
to the Constitution ____________________266, 381, 391, 944, 945, 1221
Attorneys at Law
HB 247--Qualification of Applicants for Bar Examination; Code Section 9-103 amended ._._.__----_______298, 353, 354, 429, 476
HB 556--Qualification of Applicants for Bar Examination; Code Section 9-103 amended .____________.._______.--.758, 885, 890
Attorney-General of U. S. HR 51--Censured; a resolution ..._________._________..____.__________207, 560
Auburn HB 444--Officers and employees ________.----------._571, 764, 767, 827, 1217
Auctions SB 125--Livestock auction sales .------_.--._.__..----872, 898, 929, 934, 1377
Augusta
HR 118-319i--Augusta-Richmond County board of tax assessors; proposed amendment to the Constitution _________.380, 548, 556, 969, 1222
HB 494--Land conveyance to Sears Roebuck & Company, authorized
Automobile Brake Fluid SB 46--Sales Regulation .......------____.____----_520, 523, 578, 589, 659, 755
Automobiles. (See Motor Vehicles)
HB 172--Revocation of License for violations of driving u/1 _____________ 233 HB 173--Revocation of License for violations of driving u/1 ____,,___ 233
Automobiles. (See Drivers' Licenses; Motor Vehicles)
SB 120--License tags for disabled veterans ________.--_.._839, 841, 888, 893, 1278, 1296, 1314, 1327
HB 25--Motor Vehicle Safety Responsibility Act amended ______________________....__..__.126, 629, 631, 1097, 1404
Automotive Training School HR 217--School at Atlanta General Depot; a resolution .________.915, 1067
Avondale Estates HB 463--Charter amended --._._._._________________.621, 712, 716, 778, 1138
INDEX
1449
B
B. & B. Beverage Company
HE 150-428d--Compensation for injuries; a resolution ________._._____._.._______......547, 816, 821, 1054, 1322
Bainbridge, City Court of HB 329--Procedure rules __.______________-.._..___.444, 549, 553, 592, 876
Baldwin County
SB 12---Commissioners ....______--._...___._______.__-_._.268, 278, 928, 1213, 1228 HB 158--Zoning and planning ._____..______216, 240, 242, 277, 559 HR 9-8i--Compensate Clerk and Sheriff of
Superior Court ..,,._._.._....._______________.124, 135, 138, 279, 315
Ballots. (See Elections)
Banks and Banking
HB 5--Branch Banks; Code Section 13-203 amended ........._..__.._._........._____._......121, 131, 135, 139, 761
HB 305--Branch Banks; Code Section 13-203 amended ....._.__--_..376, 478 HB 478--Branch Banks; Code Section 13-203 amended ____..._..._-._...... 625 HB 89--Drive-in or Sidewalk Teller Banks;
Code Section 13-201 amended ________.____.______.__--____168, 478 SB 30--Voting stock in banks and bank holding
companies .____...___.......316, 317, 761, 773, 1282, 1282, 1326, 1330
Banks County HB 95--Sheriff's compensation _____________.__________169, 240, 242, 276, 483, 537
Banks, Wilton HR 208-587d--Compensation for damages ________._.._______.________...____.____._._____ 810
Baptist Church at Buck Head (Burke County) SB 41--Charter amended .-.-.....-___.-_._..-._._..__._..-483, 484, 709, 719, 779
Barbers HB 10--Barber and beautician examiners; Code Ch. 84-4 amended ____,,,,__________-122, 133, 136, 208, 211, 226, 289, 874
Barfield, J. C. HR 96-261J--J. T. Bruce, J. C. Barfield and H. H. Gill relieved as sureties; a resolution .,,....,,..._......__301, 548, 555, 673, 1222
Barnwell Island SR 23--Spoilage easement to U. S.; a resolution _..........._..._..._-..-....-.___...........521, 523, 630, 631, 1307
1450
INDEX
Bar--State. (See Attorney-at-Law)
Barratry HB 595--Offense defined; Code Section 26-4701 repealed -.880, 1071, 1076
Barrow County
HB 392--Commissioners, election and compensation of chairman _..__..__....__________...513, 576, 584, 648, 920
Bastardy
HB 71--Trial on accusation ._.....__.___.......__..161, 305, 307, 845, 1136 HB 236--Proceedings to establish paternity;
Code Ch. 74-3 amended ___.______.______________._________.__.296, 577
Baxley HB 432--Corporate limits extended _...__......_...._570, 711, 714, 775, 1137
Baxley, City Court of HB 548--Comprehensive Act ....._________.....757, 813, 823, 895, 1319
Beauticians
HB 10--Barber and beautician examiners; Code Ch. 84-4 amended ........__........___.122, 133, 136, 208, 211, 226, 289, 874
Beer (See Alcoholic Beverages, Taxation, Licenses) HB 6Ex --Taxation
Bell, Emma Mae HR 114-319e--Compensation for injuries __379, 478, 815, 825, 914, 1103
Bennett, A. C. and Mamie
HR 54-163c--Compensation for injuries; a resolution ,,.._....___.____________217, 241, 244, 280, 707
Berkeley Lake HB 314--Charter _......_......_.._____.______......377, 550, 553, 591, 1317
Beverages. (See Alcoholic Beverages--Malt Beverages; Taxation)
HB 263--License and control of manufacture and sale of bottled soft drinks __...__.__..__301, 516, 518, 616, 1138, 1164
Billiard Rooms
HB 502--Licenses; Code Section 84-9925 amended ......_.._..__.....__.._._..___........696, 766, 770, 1159, 1404
INDEX
1451
Bills of Exception. (See Appeal'and Error)
Birth Certificates HB 11--Petition to secure ___._._.__.__..__.122, 132, 136, 208, 874
Black, Steve HR 226-621a--Compensation for injuries ._.._________.._.__....__....._ 924
Blasingame, Hon. W. A. J.S.R. 2--Member of State Highway Board; a resolution _................128, 176
Blind Persons HB 128--Vending stands ..__.....__.____.....__..198, 221, 222, 256, 449
Board of Social Security HB 501--Director's salary ___..____.__.....__696, 751, 817, 1047, 1325
Board of Education. (See Names of Counties and Cities)
HB 557--Compensation, expenses, attorney in counties of 5,970 to 6,008 ........__--.--._--_-_--...__.758, 812, 823, 895, 1220
HB 559--Compensation of members in counties of 4,851 to 4,950 ......._..............___....__.....758, 812, 823, 895, 1220
HB 439--Compensation of members in counties of 24,200 to 24,300 __......_.._.........._........._._._.571, 709, 715, 775, 1137
HB 282--Per diem of members in counties of 3,585 to 3,700 ........______.._...___.......348, 382, 391, 464, 1401
HB 186--Fiscal officer ......__..._.__.........___..235, 580, 586, 728, 731 HB 361--Compensation of members in counties; Code Section
32-904 amended ...__..__............_.508, 629, 631, 793, 825, 859
Boilers HB 345--Safety regulations ............_____...........__..___._446, 1071, 1075
Bonds
SB 60--Counties, performance bonds; Code Sections 23-1705-23-1709 amended __..................698, 602, 763, 774, 1360
HB 177--Guaranteed arrest bond certificates ___234, 385, 386, 613, 1136
Bottled Soft Drinks
HB 263--License and control of manufacture and sales ........._..............__.___...301, 516, 518, 616, 1138, 1164
Boundaries
HR 133--Committee to negotiate with Alabama committee; a resolution ______....._________..__._._._..._..,,._469, 522
HB 355--Survey of disputed county lines; Code Section 23-407 amended __.___....473, 516, 519, 674, 878
1452
INDEX
Brake Fluid
SB 46--Sales regulation __,,__.___.._.._______520, 523, 578, 589, 655, 755 HB 117--Sales regulation .._.________.____._____........_____....197, 220, 221, 281, 313
Bremen HB 512--School tax ___________._____....697, 764, 771, 834, 1220
Bridges
HK 206-587b--Colonel Benjamin Hawkins Bridge designated; a resolution ______________________..810, 886, 892, 1059, 1322
HE 18-64c--Dr. Lester Neville Bridge designated; a resolution ......_._._....._...._____........159, 305, 311, 487, 1136
SR 17--General Ezekiel Wimberly Bridge designated; a resolution _________________________449, 468, 710, 720, 1310
HR 45-129a--Judge I. Homer Sutton Bridge designated; a resolution ___________________________.___199, 305, 311, 437, 876
HR 31-96d--Duncan-Shannon Bridge designated ___________________________ 170
Brokers. (See Real Estate Brokers)
Brooks, Ernest and Dorothy
HR 88-261b--Compensation for injuries; a resolution ___...___.___._._.._.______.300, 452, 454, 527, 840
Brooks County
HR 201-531p--Board of education; proposed amendment to the Constitution _.___________,,___________702, 760, 773, 1014, 1224
HB 481--Board of Education ______________._,,_,,__________625, 708, 717, 914
Bruce, J. T.
HR 96-261J--J. T. Bruce, J. C. Barfield and H. H. Gill relieved as sureties; a resolution ______________.__.301, 548, 555, 673, 1222
Brunswick
HR 170-477g--Brunswick-Glynn County sewerage system; proposed amendment to the Constitution __._------624, 708, 718, 997, 1223
HR 172-477i--Brunswick-Glynn County sewerage system; proposed amendment to the Constitution .______624, 708, 718, 1003, 1223
HB 200--Charter amended __._____..__.__.___238, 306, 309, 357, 561, 565 HR 175-477L--Port facilities; proposed amendment to
the Constitution ........__..........._____625, 709, 718, 1006, 1224 HR 171-477h--Port facilities; proposed amendment to
the Constitution ___________________-_____.___624, 708, 718, 1000, 1223
Buford, City Court of HB 590--Clerk's salary .._..__.____._______.880, 1071, 1076, 1141, 1402
INDEX
1453
Building and Loan Act
SB 37--Payment of value of shares to incompetent; Code Section 16-440 amended __________448, 467, 628, 631, 1376
HB 115--Branch offices __.._._________._..__._.___.__....__ 196
Byron HB 23--Corporate limits ._.._-_______-___125, 172, 172, 187, 269
c
Cairo HB 406--Corporate limits extended ._____.___-542, 578, 584, 651, 920
Calhoun
HE 230-621e--Reconveyance of land to; a resolution _________.__.___925, 1073, 1078, 1162, 1408
Calhoun County
HE 67-200b--Law books to Superior Court of Calhoun County; a resolution _.______.___.____.____.238, 578, 588, 643, 921
Camden County
HE 179-481c--Grant of easement to Federal Government .___.._.._.__ 626 HB 292--Point Peter Eoad ____________...____._._._.__._.._._. 349
Camden Parks and Eoads Authority HB 29--Creating Act ._.--.__....__.._.______..__.._..._,,__.____.__..____ 126
Camilla
HB 26--Street closing authorized __._______.126, 171, 172, 187, 269 HB 242--Treasurer ...__.._._______________._._297, 383, 388, 461, 634
Capitol
HE 43--Chapel in State Capitol; a resolution ____.._.._.._..___191, 212 HE 258--Space for General Assembly; a resolution ...__...133B, 1354, 1363
Carnivals HB 12Ex.--County tax on circuses, carnivals, etc ._..__.__....._.....17, 34, 48, 84
Carriers. (See Common Carriers)
Carroll County
HB 519--Compensation of commissioner and clerk .______..___..._..__________.______. :698, 761, 771, 836, 1220
HB 589--Tax commissioner ________.____880, 930, 932, 1081, 1401
1454
INDEX
HR 213-608c--School System; proposed amendment to the Constitution ______________________________________.___883, 927
HR 214-608d--School System; proposed amendment to the Constitution ......I.--...........--........--.........................--.________..883, 927
Carrollton, City Court of
HB 521--Solicitors salary ..--__-....__...-_._....-----.._._...-699, 764, 771, 836 HB 520--Amendments .____.__.__,,-._________..._..______----___699, 764, 771, 836, 1220
Cartersville HB 34--Charter amended .___.______.______.._______.._.___.____...._.__.127, 154, 172, 188
Cartridges. (See Taxation)
Catoosa County HB 599--Board of utilities commissioners ._...__...881, 930, 932, 1082, 1320
Cedartown
HB 296--Parking facilities ----------------__..--------350, 383, 390, 466, 599 HB 295--Street and sidewalk improvements __......350, 383, 390, 466, 599
Cemeteries SB 164--Regulation of ...____....._,,___....__......--...__.----...1068, 1086, 1141
Certified Public Weighers
HB 208--Amendments .----.._....----..__.___.------...265, 451, 454, 681, 919 HB 149--Act of 1949 amended ......__--...._..-._..........215, 303, 308, 436, 753 HB 170--Act of 1949 amended ...__...__.._.--__----------.--233, 516, 518 HB 149--Amendments ___.__--._..,,__....__........._.215, 303, 308, 436, 753 HB 208--Tobacco and Livestock .._________.._._____.__265, 451, 454, 681, 919
Chance, James Franklin HR 4-18d--Compensation for injuries --...----.._----_.--.___..----...------ 124
Chapels HR 43--Chapel in State Capitol; a resolution ............._..................191, 212
Charlton County HB 510--Compensation of commissioners _____.----___697, 762, 770, 834, 1218
Chatham County
SB 82--Civil service system ._._.________.--..482, 484, 575, 590, 653 SR 33--Extension of industrial areas; proposed amendment to
the Constitution _._._...______.___...704, 725, 760, 767, 1031 SR 32--Mosquito control; proposed amendment to
the Constitution _....__.._.._..._._..___.704, 725, 760, 767, 1025
INDEX
1455
Chatsworth HB 312--Corporate limits ......--~--_~~~--~~--_~~_377, 549, 552, 591, 876
Chattahoochee Judicial Circuit SB 95--Additional judge .---___-_.---....._..703, 723, 751, 885, 1263
Chattooga City Court HB 413--Juries _____________.__.__......--_.___._.B43, 576, 585, 722, 1138, 1233
Chattooga County HB 414--Commissioner ......__.._.______-543, 576, 585, 722, 1280, 1303 HB 412--Purchases .._....._.__,,__....__..__.________...543, 576, 585, 722, 1317
Cherokee County HB 619--Fee System ____-___..--___.--.924, 1069, 1077, 1143, 1403 SB 165--Salaries, Act of 1953 repealed _____.__.1139, 1149, 1213, 1226, 1295 HR 17-64b--School superintendent; proposed amendment to the Constitution .....___..__------____159, 240, 243, 398, 599 HR 16-64a--School system; proposed amendment to the Constitution ._..________..._.._._...._._._._.....159, 240, 242, 393, 599
Children. (See Abandonment; Adoption; Parent and Child; Torts
Chiropody SB 16--Practice; Sections 84-603, 84-604, 84-608, 84-609, 84-611 amended ....----.._..----------..._.....268, 278, 451, 455, 739
Christian, T. W. HR 158-454a--Compensation for injuries; a resolution ..............._..______...........574, 817, 821, 1055, 1322
Churches. (See Baptist Church at Buck Head)
Cigars--Cigarettes HB 5Ex.--Taxation ..............16, 33, 48, 61, 71, 92, 93, 96, 97, 101, 104, 105
Circuses HB 12Ex.--County tax ..................__.._--............._._.__.._____..17, 34, 48, 84
City Court of Bainbridge HB 329--Procedure rules ...__........._.._._.______444, 549, 553, 592, 876
City Court of Baxley HB 548--Comprehensive Act ......___.._.___......757, 813, 823, 895, 1319
1456
INDEX
City Court of Buford HB 590--Clerk's salary _.............__......._._..._...880, 1071, 1076, 1141, 1402
City Court of Chattooga County HB 413--Juries ____.__.__........................................543, 576, 585, 722, 1138, 1233
City Court of Decatur
HB 458--Abolished ....__..__.........................620, 712, 716, 777, 1256, 1301 HB 577--Judge's salary ._.___._.________.._________.._.____808, 887, 892, 938, 1325, 1341 HB 461--Practice and procedure ___.....................621, 712, 716, 777, 1138
City Court of Dublin
HB 181--Amendments __......._...________________235, 384, 386, 456, 1401 HB 155--Compensation of judge and
of solicitor .__._____...___-...._____.___..___...______.._216, 383, 385, 456, 875
City Court of Hinesville HR 211-608a--Law books to; a resolution _._.883, 1072, 1078, 1142, 1404
City Court of Jefferson HB 480--Compensation of judge and of solicitor ......____...__...._..__......___625, 764, 768, 827, 1218
City Court of Lexington SB 166--Judge's compensation ..._._____.1139, 1150, 1213, 1227, 1296
City Court of Newnan SB 132--Judge's compensation --_.__._.__.__.___._____._.839, 840, 887, 893, 939
City Court of Sandersville HB 396--Judge, solicitor ___....__...-......_..._...__..513, 549, 555, 595, 876
City Court of Waynesboro HB 24--Clerk's fees .....__..._._.___---.._._.-. 125, 171, 172, 187, 314
City Courts
SB 118--Abolished in counties of 22,700 to 23,400 .......__................._._.........705, 724, 927, 1069, 1145
Civil Court of DeKalb County
HB 617--Amendments ...._____..__.._.-.........._......924, 1069, 1076, 1143, 1403 HB 460--Amendments _____._._._.....___.....621, 712, 716, 777, 1256, 1296
INDEX
1457
Clarke County
HB 517--Fire, sanitation and sewerage districts _.__698, 762, 771, 835, 1220 HR 52-163a--Law books to ordinary;
a resolution ___.._.._.__---,,--___---__.____________._._.217, 578, 588, 643, 921
Clarkesville HB 98--Charter _.__--_--.-______-___---_--___________.183, 202, 205, 225, 426, 469
Claxton, City Court of HB 487--Insolvent costs ....__.._..__..____..______.__._________...............694, 762, 768, 827
Clay County HB 490--Court of ordinary .............._..____.__._____.____694, 762, 768, 828, 1217
Clayton
HB 42--Lease of golf course property ___._._._____________156, 171, 173, 189, 314
Clayton County
HB 399--Commissioners _________________________._.____._____514, 576, 584, 648, 920 HR 142-399f--Law books to superior court;
a resolution ___,,___,,___________._________515, 578, 589, 650, 1067 HB 522--Fee system abolished .,,._,,__________,,__-______-____._.______._-_____699, 928
Clayton Judicial Circuit HB 379--Creating Act ___.._______.__.__.___...511, 689, 712, 733, 752, 785, 1066
Clerk of House HR 25Ex.--Composite status; purchase equipment __--__------____----___.-- 96
Cleveland, Ralph
HR 56-163c--Compensation for injuries; a resolution ___._.._____.____.____________.________________218, 631, 632, 1053, 1321
Cloudland Canyon State Park SR 15--Exchange of lands; a resolution __.-_________706, 724, 887, 893, 1263
Coal SB
15--Regulate sale of
,,... ____________^315, 316, 765, 774, 1383
Cobb County
HR 22-64g--Paving; proposed amendment to the Constitution _________.__,,___--...160, 240, 243, 408, 1066
HB 68--Zoning and planning ....___________-161, 171, 174, 190, 369
1458
INDEX
Coke SB 15--Regulate sale of .____...._____,,.___....._____.__._.315, 316, 765, 774, 1383
Colbert HB 109--Charter amended ___________________......._.....185, 202, 205, 225, 427
Coleman, Carlton
HR 19-64d--Compensation for injuries; a resolution ......__._____......_.__.....160, 480, 481, 526, 839
College Park
HB 316--Charter amended ___,,___,,_.___.__..379, 764, 766, 825, 1225, 1250 HB 332--Corporate limits extended .......___. 444, 550, 553, 592, 877 HB 317--Wards
Colquitt County
SB 140--Compensation of officials ...__.,..873, 899, 927, 1069, 1146, 1282 SB 85--Tax commissioner _....._-.__..-._.-_.____________558, 561, 709, 719, 780 HB 199--Water districts _______....._______.......__....238, 270, 342, 707, 1252 SB 121--Waterworks, sewerage, sanitation, and
fire protection ..........._....___....___....705, 724, 762, 775, 838
Columbus
HB 123--Conveyance of part of Bay Avenue authorized ..._.__..-____..____._.......____..197, 305, 307, 355
SB 122--Corporate limits extended ___.......__.....753, 781, 814, 819, 896 HB 238--Water commissioners ....__..__........___....296, 384, 388, 461, 634
Commerce, Department of SB 9--Board of Commissioners __.._.___...__............200, 206, 306, 311, 499
Commercial Fertilizers. (See Fertilizer) HB 476--Amendments ...__-.._,-_.-...._.__.........._._._._...................__..623, 811, 822
Commissioner of Agriculture
HB 485--Salary; Code Section 5-105, amended ..-.--.....-...........--...-.-.........-694, 765, 768, 848, 849, 1217
HB 486--Salary; Code Section 5-105, amended _........._._........._.__...._..._694, 765, 768, 849, 850, 1224, 1234
Common Carriers
HB 271--Facilities in passenger stations ._--...._..............303, 385, 389, 659 SB 151--Seating of females _.._._.__..___...._.........922, 943, 1063, 1134 HB 267--Waiting rooms for passengers _.__.__________..--302, 517, 518, 656, 919 HB 268--Waiting rooms for passengers ..-.--..-....-.302, 385, 389, 658, 919 HB 309--Windshields on top of track cars ..........................376, 477, 711, 713
INDEX
1459
Comptroller General
HB 185--Powers of Deputy Comptroller General; Code Section 40-1505 amended ______________________235, 306, 309, 360, 707, 1246
Condemnation. (See Eminent Domain)
Confederate States of America SR 48--Battle flags, preservation; a resolution ___------_______--.1068, 1174
Confederate Pensions and Records; State Division of HB 188--Act abolishing _________________________________ 236, 306, 309, 431
Confederate Soldiers Home HB 241--Disposition of ...._______________________________.297, 581, 587
Confessions. (See Criminal Law) Consumer Financing
SR 45--Commission to investigate __._______.____--___1067. 1215, 1227
Constitution
HR 64-194a--Method of amendment; proposed amendment to the Constitution ......_.__._____.....237, 575, 588, 1183, 1368, 1370
Continuances
SB 33--Cases where Attorney General is of counsel _.___._____._________316, 317, 765, 774, 1368
Contraband. (See Revenue Stamps)
Contractors' Bonds. (See Bonds)
Convicts. (See State Board of Corrections)
Conyers
HB 374--Charter amended ______.....__.___.....510, 549, 555, 595, 878 HB 602--Corporate limits ........__.__.......___..882, 931, 933, 1083, 1402 HB 370--Recorder's court ....____.___.--..............510, 576, 583, 646, 919
Cordele HB 21--Commissioners; city manager ........_._-_._.......125, 172, 172, 186, 268
Corporations. (See Banks and Banking; Insurance Companies. Wages)
1460
INDEX
Corporations
HB 424--Interest on overdue license or occupational tax _______545, 818, 821 HB 425--Report to Revenue Commissioner of court order
relating to charters ________________________--_______________,,_____ 545 HB 17--Charter; procedure for obtaining; Code Section
22-308 amended .._______,,___________ ....123, 131, 137, 139, 219, 228
Corrections, State Board of SB 35--Comprehensive Act ________.________________________.569, 713, 1262
Cotton HR
9--Memorial congress; cotton acreage _____,-._----_____--__-____-120, 536
Counties
HB 6--Accounts and statements of fees received by solicitors-general, solicitors and county officers ,,_,,_,,____-____________121, 132, 135
HB 281--Boards of Education; compensation of members; Code Section 32-904 amended ______._______________,,______________._348
HB 361--Boards of education; compensation of members; Code Section 32-904 amended ______-._608, 629, 631, 793, 825, 859
HB 12Ex.--County tax on circuses, carnivals, etc. __-._______.__17, 34, 48, 84 HB 272--Eminent domain ________________________________.___..___.303, 548, 552 HB 196--Fees of officers, daily reports;
Code Sections 89-704, 89-705 repealed ____--______-_-______--__238 SB 35--Intercounty improvements, use of convicts;
Code Section 23-1804 amended __..,,.._..._._,,,,_.._..._. ._,,___-569, 713, 1262
HB 136--Option, sale of malt beverages ____._.______,,_________,,...___...._____218
HR 70-200e--Paving of streets and sidewalks and curbing, proposed amendment to constitution ________________________..----.239
SB 60--Performance bonds; Code Sections 23-1705-23-1709 amended ._.. ..___.,,_.._ ...___598, 602, 763, 774, 1355
HB 434--Removal of school superintendents; Code Section 32-1008 amended -____._...__._570, 709, 715, 861, 1325
HB 355--Survey of disputed county lines; Code Section 23-407 amended _,__-_____.--_473, 516, 519, 674, 878
HB 433--Suspension of county school superintendents; Code Section 32-912 amended __-_._..___._...570, 709, 714, 847, 1324
HB 174--Tax receivers' duties; Code Section 92-4611 amended .____-______.___._-______.._..____.-____-__234, 452, 453
HB 175--Tax collectors duties; Code Section HB 175---Tax collectors duties; Code Section
92-4901 amended _._____.-__________....__________._._____._____.___234, 452, 453
92-4901 amended _.__.___.___._____..__..__.__..__________.____234, 452, 453
HB 551--Ware County; primaries __.____.____.........._757> 812, 823, 894, 1221
County Records
SR 35--Committee to study preservation of States and County records __________923, 944, 1214, 1227, 1361, 1408
INDEX
1461
Court of Appeals
HR 191--Reports, disposition of plates; a resolution ____-____--------..^Ol, 871, 1074, 1101, 1156, 1399
HR 32-96e--Review of juvenile court judgments; proposed amendment to the Constitution __.___170, 304, 311, 523, 1136
HR 69-200d--Terms of Judges; proposed amendment to the Constitution _______________....___.__.239, 575, 588
Covington HB 222--Corporate limits ___._._.__._.__..._______.,,_,,_____294, 383, 386, 458, 633
Covington Mills HB 223--Charter revoked _________________.__.__..294, 384, 386, 458, 634
Cox, Mrs. Ruth Edwards HR 164-477a--Compensation for death of husband _____.__,,__.__._....623
Coyle, Dudley Y. HR 104-300e--Compensation for damages ___________________________351
Credit Unions HB 131--Borrowing; fidelity bond; entrance fees, transfer fees and charges; reports, examinations, etc.; Code Ch. 25-1 amended _________...........200, 468, 628, 856, 1215
Creditors SB 117--Change advertising requirements __________.705, 724, 1064, 1132
Criminal Court of Fulton County HB 523--Judges' salary __.___.___.___________________699, 764, 771, 836, 1221
Criminal Law HR 126-348d--Abolition of death penalty; proposed amendment to the Constitution ______.______.._.447, 811, 820 HB 67--Confessions and admission; Code Sections 38-415, 38-416 amended ____________________.._______161, 201 HB 88--Cross-examination of defendants under oath; Code Section 38-415 amended _...______....--168, 202, 204, 228
Crisp County
HR 20-64e--School system; proposed amendment to the Constitution .............____._____160, 240, 243, 400, 599
Grumpier, R. C. HR 160-454g.--Compensation for damages ____..__.__._.___..574, 816
1462
INDEX
Cumberland Island Authority HB 28--Creating Act .__._--......__...____-___------------------------126
D
Dallas HB 465--Charter _.__.._------------.__.____-621, 711, 716, 778, 1326, 1338
Dalton
SB HB HB
59--Charter amended .__...__-----------------482, 484, 550, 556, 596 179--Corporate limits extended _._.__.._.--_.__234, 306, 309, 357, 598 178--School system ._...._..__.._.___~_---....234, 305, 308, 357, 598
Davis, James, Congressman
Address _.------_________________.__..__........____------------331 HR 85--Joint session; address ______._____________.....271, 315 HE 35--Invite ___._._....______.______...__.._..__------------174, 201
Dawson
HB 273--Charter amended (Officers; taxes; water, light, and gas commission) _____._____...303, 383, 390, 465, 635
SB 76--Charter amended (Officers; tax rate; water, light and gas commission) ..____.____.__520, 523, 578, 589, 653
Debt Adjusting SB 139--Comprehensive Act ......___.__..__.873, 898, 1063, 1214, 1389
Decatur, City Court of
HB 458--Abolished __.......__________.620, 712, 716, 777, 1256, 1301 HB 577--Judge's salary __._...___._......_._.._..___808, 887, 892, 938, 1325, 1341 HB 461--Practice and procedure _____-_____621, 712, 716, 777, 1138
Deeds to Secure Debt HB 442--Foreclosure ._.__..___________......._.571, 712, 854, 1216
Deer HB 493--Act of 1955 amended ________----.695, 762, 769, 1127, 1128
Defendants (See Criminal Law, Service)
DeKalb County
HB 245--Board of education, election _____.__.298, 689, 761, 780, 1136 HB 124--Commissioners ..___._______198, 689, 761, 780, 1224, 1237 HB 578--Merit system _______________.....808, 930, 932, 1081, 1401 HB 244--Planning commission ....____...______297, 689, 761, 780, 1325, 1331 HB 246--Salaries of elective county
officials ------------._..------_----...--.298, 689, 761, 781, 1280, 1302
INDEX
1463
DeKalb County, Civil Court of
HB 617--Amendments -- ----_-_--..--_~_924, 1069, 1076, 1143, 1403 HB 460--Amendments ___--_--_-__------621, 712, 716, 777, 1256, 1301
Dentistry
HB 298--Unauthorized practice, injunction; Code Section 84-702 amended _.______._....350, 392, 451, 485, 638
Dentists
SB 161--Licensing of dentists of other States; Code Section 84-710 amended ___-1068, 1086, 1133, 1140, 1260
Department of Commerce SB 9--Board of Commissioners .______________________200, 206, 306, 311, 499
Department of Public Safety
HB 501--Duties of uniform division (trash on public roads or property) _._____________696, 751, 817, 1047, 1325
SB 152--Enforcement of segregation _____.--.922, 943, 1063, 1135, 1366 HB 560--Salaries of officers and troopers _______759, 813, 824, 907, 1320 HB 562--Uniform division ___________________.__759, 889, 892, 1119, 1405
Department of State Parks HB 580--Powers and duties ___.__........__..__.....808, 889, 891, 1090, 1321
Department of Veterans' Service HB 416--Director's compensation ___.._______543, 750, 818, 864, 1137
Depositories
HB 574--State Depositories; Code Section 100-101 et. seq. amended _________________----_________807, 927
Disabled Persons HB 128--Vending stands ------------------------.__----_198, 221, 222, 256, 449
Divorce
HB 449--Decree, when final; Code Section 30-101 amended ------__________--_._._______572, 694, 763, 867, 1404
HB 448--Relief from disabilities; Code Section 30-123 amended ________._________----572, 763, 767, 902, 1325
HB 83--Trial term ______________________________167, 202, 204, 289, 560 HB 138--Code Sections 30-116, 30-124 amended ________----213, 353, 353, 439 SB 13--Deposit costs --------.----------.......268, 278, 353, 354, 538, 1352
1464
INDEX
Dr. Hess and Clark, Inc.
HR 116-319g--Compensation for injuries; a resolution -_-_-__....-___.__.____-..._.-__....._.___..._380, 452, 455, 528, 1136
Dog Races HB 596--Legalized dog and horse races ________________________...881, 928
Dougherty County
HB 77-214b--Albany and Dougherty County sewerage system; proposed amendment to the Constitution __266, 381, 391, 947, 1221
HR 84-214i--Albany-Dougherty County sewerage system; proposed amendment to the Constitution __267, 381, 392, 957, 1222
HR 33-96f--Building permits; proposed amendment to the Constitution ______________________._^170, 239, 243, 412, 600
HB 381--Fire protection ___________________________511, 576, 583, 647, 1066 HR 28-96a--Paving; proposed amendment to
the Constitution ,,_,,_____.-__--__,,__________169, 240, 243, 410, 600, 819 HR 42-110b--Promotion of industries; proposed amendment
to the Constitution _________._-____..____._.186, 240, 243, 418, 600 HB 303--Tax commissioner's assistants ________________._..__376, 450, 454, 481, 875
Dougherty Judicial Circuit SB 84--Create ..______________------.._________..... ____871, 896, 928, 1074
Douglas
HB 293--Charter amended (ordinances) _________.349, 384, 390, 465, 635 HB 290--Corporate limits extended ._____________.349, 384, 391, 467, 635 HB 289--Corporate limits extended ._.._._______349, 384, 390, 465, 635
Douglas County
HR 53-163b--Law books to; a resolution .....____....217, 579, 588, 643, 921 HB 410--Zoning ____________________..________543, 576, 584, 651, 920
Drivers' Licenses (See Motor Vehicles; Dept. Public Safety)
HB 393--Duplicate license for veterans ..._.___513, 580, 587, 1058, 1324 HB 322--Issue after previous
revocation _...._._.,,......._._...-__.__380, 451, 454, 504, 520 1169, 1406 HB 450--Revocation _.............._.___--...___-____572, 694, 763, 867, 1404 HB 320--Revocation __.____._..___________._-__.__.__.__380, 578, 582 HB 274--Revocation; Motor Scooters ...________347, 451, 454, 850, 1394, 1397 HB lEx.--Fees ___.__.______.__.._______..____._________._.__..15, 32, 37, 52, 81, 85, 91, 101
Druffel, Hon. John H. HB 74--Commending resolution __________________________________________._260, 315
INDEX
1465
Drugs
HB 47--Oral prescriptions, Uniform Narcotic Drug Act amended -__.._.______------.156, 219, 221, 258, 449
SB 47--Sale in vending machines; Code Section 84-1317 amended __..._..__.449, 468, 548, 556, 1384
HB 100--Veterinary use of sulfanilamide and sulfonamide drugs _______.--________184, 451, 453, 501, 704
HB 552--Food, Drug and Cosmetic Act ____________._..,,.._._..._._757
Drunken Driving
HB 572--Test to determine alcohol content of persons accused .--.__~_____-_______________________.......807
HB 430--Penalty for _________________________-__------...547, 888, 889
Drunkenness, Public HB 235--Offense defined; Code Section 58-608 amended ._._.--_----....--296
Dublin
SB 92--Elections _...._._._._._____________----.----560, 562, 1064, 1134 SB 137--School tax __--__------------------------__918, 942, 1064, 1134, 1146
Dublin, City Court of
HB 181--Amendments .___.._..______________235, 384, 386, 456, 1401 HB 155--Compensation of judge and of solicitor _216, 384, 385, 456, 1400
Dudley
HR 199-531n--Promotion of industries; proposed amendment to the Constitution ________.702, 760, 773, 1011, 1224
Duncan-Shannon Bridge HR 31-96d--Resolution designating ________,,__________------_._------170
Dye, Judson A. HR 241-626b--Compensation for damages _____________,,.._.___1131
Easements
SR 23--Spoilage easement to Barnwell Island; a resolution ___.___._____._____521, 523, 630, 631, 1307
HR 179-481c--Grant of easement in Camden County to Federal Government _______________________626
HR 71-200f--Ratification of easement granted to Georgia Power Company _.._._-______~___----.239, 550, 555
Easier, W. J.
HR 200-5310--Compensation for injuries __----__-_..____.---...---702
1466
INDEX
East Dublin
HB 182--Recorder's court .........__..__._______..235, 383, 386, 457, 1401 HB 157--Tax returns .._....__.,,...._.__..______216, 384, 386, 456, 1400
Eastern Judicial Circuit HB 73--Additional judge __..__.....______.....161, 202, 203, 731, 1065
Eatonton
HB 62--Social security, eminent domain, municipal property ___.___._____..._159, 172, 173, 190, 315
Education. (See Schools)
HB 473--Election of teachers, minimum foundation program amended .___622, 710, 717, 784, 824, 843, 1216
HR 222--Federal Aid for Education Bill; a resolution .__.._.__.__.._......._________..._.....915, 1067
HR 37--Federal Aid for Education Bill; a resolution ._....__.......____..__.__.176, 580, 590, 914, 1066
HB 435--Minimum Foundation Act amended .__570, 710, 715, 1116, 1155 HB 437--Minimum Foundation Act amended;
School Tax Digest ..._...___________...__.......___570, 710 HB 375--Minimum Foundation Act amended;
Funds; daily attendance .____._________._......510, 709, 714 HB 189--Minimum Foundation Act amended;
funds __..._._.____.____________.__236, 313, 629, 687, 859 HB 55--Minimum Foundation Act amended; attendance ._._____..158, 929 HB 191--School Bus Routes _.___.........._______236, 313, 629, 687, 859
Eggs
HB HB
31--Marketing regulations __.______________._.......__126, 130 91--Weight and size classifications; license of
candlers and graders ......__.._..._._.____169, 219, 221, 255, 427
Elbert Superior Court HB 168--Terms _._.........___-._--_._.-_.----.--__.__.._........233, 477, 580, 643, 918
Elections
HB 323--Absentee voting; Code Sections 34-3301-34-3303-34-3307 amended ____443, 580, 587, 1114, 1406
HB 394--Absentee voting by members of military..513, 581, 587, 1114, 1406 HB 525--Election of members of General
Assembly ___.__... ..-699, 765, 772, 906, 1194, 1195, 1209, 1256, 1273 HB 107--Hours in counties of 118,026 to 118,100 ......185, 240, 242, 276, 483 HB 137--Solicitation of votes near polling places -.--213, 382, 385, 455, 705 HB 279--Absentee Ballots; Code Section 34-3301 amended .._._.................___347 HB 284--Candidates for State, Congressional or County
office to be nominated in primaries ....______-____.____..._._._.._348, 392 HB 2--Solicitation of votes, etc., near polling places ....._120, 133, 135, 194 HB 248--Precincts ._____._..-.-...-__--.-_.._._-___.-___-.__.._._298, 382, 388, 461, 635
INDEX
1467
HB 253--Use of voting machines in certain counties ----....._--_--_---------_------299, 382, 389, 462, 875
SB 68--Qualification of candidates ----------------482, 484, 764, 774, 837
Electricians
HB 576--Qualified electricians in counties of 85,000 to 90,000 ----_----------------------807, 887, 891, 938, 1320
Electrocutions
SB 35--Code Section 27-2513 amended ----------------------569, 713, 1262 SB 35--Code Section 27-2515 amended ........_----------------569, 713, 1262
Eminent Domain
HB 110--School systems ----_____._._----------------185, 383, 385, 488, 753 HB 272--Power of counties ----------..................__----------------.303, 548, 552
Employees Retirement System
HB 15--Court of records; transfer from solicitors-general retire ment system; employees of General Assembly; service in armed forces; Division A of system ........122, 133, 137, 250, 449
SB 156--State Office Building Authority; employees included ------------___.._......918, 942, 1075, 1079, 1263
HB 306--Investments ..._------------___.___,,_________________...........376, 871 HB 603--Act amended; continued employment after 65 ...._.._............_..--.882 HB 354--Retirement benefits _..._....._..._..._._.........----____.__..____.__.__473, 817
Employment Security Law SB 78--Amendments; Code Ch. 54-6 amended ._....__600, 602, 629, 631, 1327
Engineers HB 294--Board of Registration for Professional Engineers and Surveyors; Act of 1945 amended ._..__----350, 385, 390, 531, 919 HB 467--License renewal fee .....___.__._..._...622, 713, 717, 847, 1216
Engineering Advisory Board HB 4--Creating Act ------------------____..........121, 133, 135, 475, 580
Entomology, Bureau of HB 187--Act of 1937 amended ..._....._.._._.--._._...._.._..._........_...._.._..236, 517
Escapes HB 337--Punishment for escapes, rescue, etc.; Code Sections 26-4507, 26-4508 amended ...____.....__......445, 816, 820
Estates SB 113--Administration of, etc. _____.__.----------706, 723, 1064, 1132
1468
INDEX
Eugene Talmadge Memorial Hospital HB 283--State Medical Hospital
Evans, Horace HE 3-18c--Compensation for injuries; a resolution ._______.__________.123, 241, 242, 279, 707
Evidence HB 53--American Experience Mortality Tables as evidence of life expectancy _._.._____-___157, 202, 203, 229, 598 HB 203--Inadmissability of evidence obtained by unlawful search, arrest, etc.; Code Section 38-215 added __ _____264, 516, 518, 1095
Excess Insurance Agents SB 100--Licensed agents; filing of affidavits _.__872, 897, 1133, 1156
Executions. (See Electrocutions; Levy and Sale) HB 456--Qualties and incidents of executions issued by political subdivisions for non-payment of taxes _____.__.____._._574
Extradition HB 438--Authority of Governor to employ agents; Code Section 40-305 amended .---._-.._--....._._._..___570, 713, 715
Eyeglasses. (See Opticians)
F
Farm Aid HR 107--Memorial to Congress; a resolution _____.__-_..____373, 449
Farmers' Markets SB 109--Closing and disposition __..______706, 725, 811, 812, 819, 1309 SB 19--Cull produce __._______250, 259, 450, 455, 497, 522, 537, 754, 852 SB 26--Leases .__.__._..______...,,...__._..__;_426, 467, 516, 519, 613
Fayette County HB 38--Tax Commissioner ______________155, 171, 173, 188, 314
Federal Attorney General HR 51--Censured; a resolution _,___________.___.__..__.207, 560
Feeding Stuffs. (See Agriculture)
Felonies
INDEX
1469
HB 54--Sentences on plea of guilty of capital felony ......_..._..........__......_.............__157, 516, 517, 1178, 1404
Fertilizer
HR 193-531h--Inspection at producing plants _______.-__.__.701, 765, 773, 1102 HB 476--Amendments _._.__.___.._________________._____________623, 811, 822
Fi Fas HB 359--Delegate sales powers to Sheriffs ..............______........._...508, 582, 675
Fiduciaries SB 97--Registration of securities ^-..-----......_^___.....703, 726, 929, 1132
Firearms
HB 389--Control __...__._._______.__._.__.......__..__.._............._..._._.__..__.512 HB 328--Furnishing to minors ......_.._...444, 690, 762, 907, 909, 934, 1181
Firemen. (See Pensions)
Firemen HB 311--Firemen's Pension Fund, investments
Fires HB 147--Lookout tower sites .....-._,,.._..._._..-.......--.....216, 352, 353, 428, 753
Fireworks
HB 340--Sales, displays (insurance, bond) _____-..__-._...._..._.._._.._._.._..._._._446, 690, 711, 800, 825, 855, 1216
HB 372--Control of sales, use, etc. .._...__.._......__.._.,,..._.........____.___510, 886
Firing of Woods, Lands, etc.
HB 148--Acts amended, various Code sections
repealed
_.__.__._.__.___.._....._.215, 352, 354, 428, 754, 1253
HB 146--Notice of intention to burn, county action ._215, 352, 353, 428, 753
Fish--Fishing
HB 113--Game and Fish Act of 1955 amended _._._....................186, 480, 480, 741, 862, 1124, 1338, 1349
HB 286--Minnows, live fish and fish eggs used as bait ----------------------__.______._________348, 480, 481, 533, 754
SB 27--Sale by weight ......___.___._.._..__......_.....,.......316, 317, 451, 455, 499 HB 3--Sales of fresh water scale fish _.........____.............121, 132, 135, 258 HB 313--Fishing on Sunday; Code Section
26-6908 repealed .___...........__._.__..........377, 480, 481, 529, 562, 680
Fitz-patrick, Mark (Jim Duncan) HR 40-109b--Designate Bridge .__._.__._............__._.____._............185, 710, 717, 801
1470
INDEX
Fitzgerald HB 466--Civil service; insurance ----------------.621, 712, 717, 778, 1218
Flags SR
SB
48--Battle flags of Confederacy, preservation; a resolution .___.._----__--------__. ..--------...-1068, 1174
98--State flag; Military Forces Reorganization Act amended _------.------__-___------598, 602, 710, 719, 856
Floyd County
HB 369--Board of Education; compensation of members ...,,--__------------------509, 576, 583, 721, 1137
HB 390--Fee system abolished -----------------.----512, 575, 584, 721, 1137 HR 82-214g--Street lights; proposed amendment to the
Constitution ------------------------------267, 381, 391, 955, 1222 HB 367--Utility systems --........_._.........._.._--509, 575, 582, 721,1225, 1232
Flynt, Hon. John J. HR 235--Resolution commending ----------------------------.------1085, 1224
Flynt, John Congressman
Address ...----..._._____.--.------____.__._____------------------------322 HR 85--Joint Session ___.__.----.._____.___.._.._--_--.----271, 315 HR 35--Invite .____----------..._.._.__..._..----__._____--------174, 201
Foods
HB 119--Georgia Food Act; Code Ch. 42-1, 42-3, 42-99 amended .--------.----_..----------------------197, 303, 307, 490, 753
Food, Drug and Cosmetic Act
HB 552--Enactment ....__...__------_________.....__...__.------------757 HB 99--Administration _..___.__..__------...__----------------------183
Foreclosures. (See Deeds to Secure Debt)
Forest Fire Prevention Conference HR 220--Resolution endorsing ._._..__.._..___._.__--.------------__ 915, 1067
Forest Fires
HB 148--Firing of woods, lands, etc., Acts amended, various Code Sections repealed _.__------215, 352, 354, 428, 754, 1253
HR 16Ex.--Prevention, a resolution --._____..--------------------------82, 92 SR lOEx.--Prevention _._.__------------______.._--------------......------88, 89
Forest Park
HB 262--Charter amended ....------____._------301, 384, 389, 463, 599
INDEX
1471
Foresters HB 467--License renewal fee --.-.------..------_--.622, 713, 717, 847, 1216
Forestry HB 147--Fire lookout tower sites _.____----.._------_215, 352, 353, 428, 753
Forsyth Superior Court HR 207-587c--Law books to; a resolution __..._.__810, 1072, 1078, 1141, 1403
Fort Mountain State Park
HR 71-200f--Ratify easement granted to Georgia Power Co. __..._____________________________....239, 550, 555
Fortson, Ben Communications ____________________________________---------------_--_6, 9, 10, 113
Fortune, Lincoln HR 80-214c--Compensation for injuries ___----.._--266, 384, 391, 527, 840
Fountain, Ed HR 8-18h--Compensation for loss of truck ______._.___.___.__------------____124, 579
Fountains Dry Cleaners and Laundry, Inc.
HR 39-109c--Compensation for injuries; a resolution _________.----.._.------...-185, 1073, 1077, 1195, 1405
Franklin County
HB 198--Commissioner ___.___.__.____.___________________.238, 269, 270, 312, 922, 1051 HR 49-130a--Law books to superior court;
a resolution _..__.._.__.____,,___--.-___----199, 220, 222, 244, 482
Franklin Springs HB 497--Corporate limits .___...----__.....__._.._,.._.695, 764, 769, 831, 1218
Franklin Superior Court
HB 168--Terms ___.___._______________._..____.___..__._._______.__.._.-__. 233, 477, 580, 643, 918 HB 470--Terms .______._..______._____._________-_._-__._--_----_.--- 622
Fullerville HB 166--Charter surrendered -.------_--------------218, 305, 308, 357, 559
Fulton County. (See Atlanta) Superior Court; College Park HB 567--Judges' and solicitor-general's retirement system ______________._____________________._____806, 884, 891, 941, 1319
1472
INDEX
HB 420--Judges' and solicitor-general's retirement system _______________544, 576, 585, 652, 1068, 1251
HB 491--Pension system amended ......_..________.______695, 761, 769, 829, 1217 HB 334--Salaries of deputies _______________.__445, 515, 519, 557, 879, 1197, 1201 HB 419--Sheriff's salary __________________________....._...544, 576, 585, 652, 1066 HB 550--Civil Service System amended _______________________757, 812, 823, 940 HB 254--Voters Registration Act; places of
Registration _________________-____._______299, 382, 389, 463, 635 SB 22--Grand jury; extension of terms _.__________560, 561, 812, 818, 926
Pulton County, Civil Court of HB 341. Amendments _______._._________________.446, 764, 767, 828, 1325, 1340
Fulton County, Criminal Court of HB 523--Judges' salary ._____.___-____.__________________699, 764, 771, 836, 1221
Fulton Superior Court HB 504--Compensation of judges ______._____________696, 761, 770, 832, 1219
Gainesville HB 364--Charter amended __________________._.____609, 550, 554, 594, 1215 HB 233--Street improvements ......______________..._._....._296, 384, 387, 460, 634 HB 210--Gainesville-Hall County Planning Commission ________._____265, 929
Game and Fish HB 113--Act of 1955 amended ___186, 480, 480, 741, 862, 1124, 1338, 1349
Garbage. (See Highways)
Garbage Feeding of Livestock SB 24--Act of 1953 amended __________.._.__.________250, 260, 303, 311, 491
Garnishment HB 66--Amount of wage exempt; Code Section 46-208 amended __________________________________.-__..______160, 305
Gas, Natural HB 455--Intrastate pipeline systems __.___574, 630, 631, 731, 791, 1226, 1288
Gasoline. (See Motor Carriers; Taxation)
General Appropriations Act HB 243--Provisions for _.._________________297J 541, 760, 787, 1256, 1268
INDEX
1473
General Assembly
SR 54--Committee rooms and offices; a resolution -------- 1326, 1351, 1408 HR 62--Committee to confer with other States as to common
problems; a resolution _......___._.__... 230, 306, 311, 343, 601, 607 HR 133--Committee to negotiate with Alabama committee
as to boundaries; a resolution ----------------------------469, 522 HB 193--Distribution of laws and journals; Code
Section 101-207 amended --------------237, 550, 552, 609, 879, 1245 HB 525--Election of
members ____.---- 699, 765, 772, 906, 1194, 1195, 1209, 1256, 1273 HR 260--Jekyll Island study committee; a resolution .------1335, 1354, 1363 HR 65-194b--Joint Economy Committee report, ;
implementation of; a resolution .------_.........237, 313, 385, 427, 704 HR 247--Pending compensation resolutions ---------------------- -- 1174, 1323 HR 258--Space in Capitol; a resolution ----------------------1335, 1354, 1363 HR 253--Committees to investigate Rural
Electrification Administration ----------------------------------1255 HR 215-608e--Committee to study Consumer financing
of personal property __----------------------------_----883, 927, 1075
HB 43--Members not to hold position of employment with State government ............_.__--------..._----..--__----..._...--156, 241, 735
SB 63--Budget Bureau; committee to advise ----..--._.._...-.--_......--..632, 655
HB 395--Construction of "and" and "or" in statutes in which population used as classification __------.------------513, 813, 821
HB 397--Committees of House of Representatives; quorum ---....................513
HB 593--Legislative Economy and Study Committee ....--.--....................... 880
HR 2-18b--Committee to investigate Georgia Power and Light Company ____._....................--------..123, 133, 138, 155, 580
Georgetown HB 63--Corporate limits _____________________________.......159, 171, 173, 190, 315
Georgia Air National Guard
HR 209-587e--Lease of property in Chatham County for armory; a resolution ----------------------811, 887, 892, 1059, 1322
Georgia Board of Landscape Architects SB 101--Create .----.............---------------------752, 781, 811, 819, 1392
Georgia Citizens Council HB 184--Act abolishing ........------__------..___----_.........235, 306, 309, 431, 839
Georgia National Guard
HR 227-621b--Armory in Calhoun; a resolution ...__......._..__,,_...__......_-925, 1073, 1078, 1161, 1408
HR 60-163i--Sale of armory site in Milledgeville; a resolution ..._..__..............____....__.----218, 479, 517, 526, 877
1474
INDEX
Georgia Power Company HR 71-200f--Ratify easement to ------__----.--------------......... 239, 550, 555
Georgia Power and Light Company HR 2-18b--Investigate ------.__.__------,,__.._.....---- 123, 133, 138, 155, 580
Georgia Residential Home Builders Commission HB 265--Creating Act ___,,_ ------------------------.------------------302, 817, 820
Georgia Retailers' and Consumer Sales and Use Tax Act HB 80--Conditional sales contracts, notes, etc. _...___-.167, 766, 1104, 1404
Georgia State War Veterans Home
SB 3Ex--Establish ,,--,,--_--------_----.-------------------58, 59 HB 14Ex--Establish ---------------------- .---------- 32, 37, 51, 81, 82
Gill, H. H.
HR 96-261J--J. T. Bruce, 3. C. Barfield and H. H. Gill relieved as sureties; a resolution ----------------------301, 548, 555, 673, 1222
Gillis, James L., Sr. SB 9--Designate Bridge ----------------_----.--------------------201, 206
Glascock County
HB 597--Sheriff s expenses ----------...... ----------881, 930, 932, 1082, 1320 HB 368--Tax commissioner --------,,----_.....,,_----------__509, 541, 575, 594, 839
Glynn County
HR 172-477i--Brunswick and Glynn County sewerage system; proposed amendment to the Constitution-624, 708, 718, 1003, 1223
HR 170-477g--Brunswick-Glynn County sewerage system; pro posed amendment to the Constitution ----624, 708, 718, 997, 1223
HB 325--Commissioners -------.....--------_....--------.444, 474, 515, 557, 876 HR 59-163h--Homestead exemption; proposed amendment
to the Constitution ....__.___--__._ _..--------____218, 304, 312, 423, 704 HR 175-477i--Port facilities; proposed amendment to
the Constitution ----------------------------625, 709, 718, 1006, 1224 HR 171-477h--Port facilities; proposed amendment to
the Constitution ...........___-_..--------------624, 708, 718, 1000, 1223
Golden, Miles V. HR 6-18f--Compensate --------------------------------------.124, 817, 818, 1107
Governor's Mansion
HR 73--Governor and Mrs. Marvin Griffin commended for renovation; a resolution ----------...------------------------260, 315
INDEX
1475
Grand Juries
HB 84--Findings, vote required; Code Section 59-202 amended _.------------------------------168, 353, 353, 502
Grant, Early T.
HE 127-348e--Compensation to Early T. Grant and John A. Willding for injuries; a resolution ._448, 630, 632, 741, 1139, 1253
Griffin, Hon. Marvin
HE 73--Governor and Mrs. Marvin Griffin commended for renovation of Mansion; a resolution ....--------------------....260, 315
Griffin, Marvin, Governor
Addresses _------------.--------__-17, 87, 141, 282, 661, 1352 Proclamation calling for Extra Session ____----------_.--------6, 100
Griffin
HB 250--Closing of part of North First Street ----298, 384, 388, 462, 705 HB 318--Corporate limits extended _------------379, 478, 630, 720, 921, 1058 HB 252--Corporate limits extended _------------ 299, 384, 389, 462, 704
Griffin, Mrs. Lela Mae HE 234-626a--Compensation for injuries ----------.----------__-------------- 926
Guardians and Wards
SB 111--Application for appointment ----------------706, 725, 1064, 1132 SB 112--Sales by administrators _-_.----------_._........706, 723, 1064, 1132 HB 74--Purchase of real estate by ......................................162, 201, 203, 475
Gwinnett County
HR 140-399d--Board of Education; proposed amendment
to the Constitution --------------------------.514, 548, 556, 981, 1223
HB 211--Commissioners (county vehicles and
machinery, audits, purchases) ...__.__.__._.____.265, 382, 386, 457, 633
HB 212--Compensation of sheriff, clerks of court, ordinary,
etc.; fees, costs; audits
_.._----_.____......265, 382, 386, 457, 633
HB 213--Tax commissioner and treasurer .........----...266, 382, 386, 457, 633
HB 275--Commissioners, amendments ......_---------------------------__________--347
H
Habeas Corpus
HB 206--Eeturn day; Code Section 50-107 amended --------_----------_----...._--------..--265, 353, 354, 490, 1136
HB 58--Return Day; Code Section 50-107 amended _......._.....----_._158, 353
1476
INDEX
Habersham County HB 39--Commissioners .._........._..-.-._.-...-...__,,_.._____-155, 171, 173, 188, 874
Hall County
HB 240--Advisory referendums _--_-___........._.-._.__..297, 382, 388, 461, 634 HR 148-428b--Fire protection; proposed amendment to
the Constitution .-..,,_-.,,.--..._.-_.._.-..._..........546, 708, 718, 989, 1223 HR 143-399g--Road and street improvements; proposed
amendment to the Constitution _________..___^-546, 708,718, 989, 1223 HR 149-428c--School system; proposed amendment to
the Constitution ........._......._,,____________._______547, 708, 718, 990, 1223
Hall County HB 210--Gainesville-Hall County Planning Commission __..__..._.._..___..265, 929
Hancock County HB 159--Tax commissioner ......................._.._.............__216, 240, 242, 277, 483
Hapeville HB 616--Charter amended ____..___________._________.924> 1072, 1076, 1143, 1403
Harrell, Hon. R. C.
HR 57-163f--Harrell Highway designated; a resolution .............___._____....._.....^18, 305, 312, 503, 1139, 1240
Harris, Mrs. Ivan T. HR 195-531J--Compensation for damages ..__.,,.__..___.....--___702, 1074, 1077
Harris, Walker
HR 110-319a--Compensation for injuries; a resolution .................._.._______.................___379, 816, 820, 1053, 1321
Harris County SR 37--Law books to ordinary; a resolution ....._.._.__633, 654, 814, 818, 896
Hart County HB 96--Board of finance ......._...-.-.-..-__.__......._..........169, 240, 242, 276, 521
Hart Superior Court HB 168--Terms __.._._.................._.._._.___............___.___._......233, 477, 580, 643, 918 HB 470--Terms ___._______...........,,,,_._.....__..____....._....,,...__,,.__.....__.._______.._._.......____ 622
Hawkins, Colonel Benjamin HR 206-587b--Colonel Benjamin Hawkins Bridge designated ____--_--__.._._.__..-_-__--__-.______810, 886, 892, 1059, 1322
INDEX
1477
Heard County
HR 21-64f--Board of Education; proposed amendment to the Constitution ....._---------__------------161, 240, 243, 405, 600
HB 44--Commissioners ------__._.______..__...._..156, 171, 173, 189, 314
Helen
HB 539--Corporate limits --------------------------756, 887, 890, 935, 1319
Hiwassee
HB 553--Charter --------_,,___------._-----------------758, 885, 893, 936, 1319
High Schools. (See Schools)
Highway Board
JSR 2--Hon. W. A. Blasingame a member; a resolution .....----_-128, 176 JSR 1--Hon. Roger H. Lawson a member; a resolution .._._...__----128, 176 HB 176--Paving of streets in municipalities ..____--_----____234, 928 HR 1--Joint Session; election of members --------------_--_------_--119, 128 HR 1--Joint Session; election of members ------------------------119, 128
Highways
HR 57-163f--Harrell Highway designated; a resolution ----....------...__.______218, 305, 312, 503, 1139, 1240
HB 258--Limited access highways in counties of 300,000 or more _._..._----_____._____.--299, 382, 389, 463, 880, 1249
SB 45--Parking on right-of-ways, advertisements, obstructions --------__.____._--,,__-597, 601, 763, 774, 1317
SB 44--Throwing of trash or garbage on public roads or property; duties of Department of Public Safety --------------------------------448, 468, 814, 819, 1086, 1279
HB 45--Removal of unattended vehicles --._----------.----.--.--------156 HB 20--Arrests for speeding _.__.____--_____--_________125, 132, 137, 909 SR 5Ex.--Distribution of funds __----___------------------.____------..81, 84 HB 173--Driving under influence on --.___----------------._--_--_.___.,,._. 233
Highway Department
HB 588--Contracts to paint center lines on county and municipal roads --.___----------------_.__._____._------------811
HB 570--Access roads to public streams, lakes and parks __________..----_807 HB 14--Award of contracts; bids ------------------122, 133, 137, 475, 580
Hill, Mrs. Henry C.
HR 169-477f--Compensation for injuries; a resolution ...
-624, 1073, 1077, 1194, 1405
Hill, Roy HR 113-319d--Compensate ----------------------379, 478, 815, 825, 914, 1055
1478
INDEX
Hinesville, City Court of HR 211-608a--Law books to; a resolution ______..883, 1072, 1078, 1142, 1404
Hiram HB 415--Charter ._____________.______________________________643, 578, 585, 651, 920
Hog Cholera Virus SB 22--Interstate shipments ______-__________________.__250, 259, 450, 455, 501
Hogansville
HB 558--Corporate limits ________._________________________758, 887, 890, 937, 1319 HB 568--Corporate limits ___________________..____.______806, 887, 891, 937, 1319
Horse Races HB 596--Legalized dog and horse races ___________________._______881, 928
Hospitals
HR 75--Hospital Care Study Commission created; a resolution ____.-_._______._______________260, 817, 819, 1168, 1405
HB 49--Licensing of interns _----___--___..----_--____,,.__.__--____--_157
I Ideal
HB 405--Corporate limits _________________________________542. 578, 584, 650, 920
Income Tax (See Taxation, Intangible Tax)
HR 48-129d--Amended returns __________________________199, 385, 392, 496, 876 HR 131--Committee to study income tax laws;
a resolution _________________________________469. 580, 590, 1119, 1407 HB 384--Distributees on liquidation of corporation; Code Section
92-3120 amended _______511, 581, 583, 857, 1225, 1248, 1260, 1281
Income Tax. (See Taxation) SR 34--Conform to U. S. Income Tax laws _________.-_______753, 781, 1214
Industrial Loans
SB 43--License tax, Industrial Loan Act of 1955 amended _,,,,_____,,____________._..___316, 317, 453, 455, 490
Infants HB
19--Infants under 15 within Jurisdiction of Juvenile Courts; Code Section 26-302 amended ._____.____..125. 134, 137, 530
Injury (See Workmen's Compensation) SB 40--Definition ___________________________..597, 601, 693, 1071, 1092, 1254
INDEX
1479
Insane Asylum. (See Milledgeville State Hospital)
Insane Persons
HB 141--Restoration to sanity; Code Sections 35-236, 35-237 amended _.____-__...__214, 304, 308, 497, 1224, 1241
HB 19--Persons of sound mind defined; Code Section 26-301 amended ________._._________125, 134, 137, 530
HB 142--Commission to examine for committal to Milledgeville State Hospital ._._____-__________214, 304, 308, 497, 1225, 1241
Insurance. (See Old-Age and Survivors Insurance)
SB 14--Accident, sickness and hospitalization insurance ....______________.250, 259, 577, 589, 1257, 1310, 1326
SB 58--Approval of policy forms ____.____921, 942, 1155, 1214, 1364 SB 119--Contracts to furnish ambulance service in future
to be construed as health and accident insurance contracts ___________....________872, 897, 1132, 1140, 1365
Insurance Agents
Insurance
HB 626--Group Life Insurance; Act of 1953 repealed ......__........____926 SB 96--Licensing _______________.._..._..__._._..703, 726, 750, 886, 1354
Insurance Companies
HB 299--Deduction of retaliatory tax paid another State ___________________350, 627, 817, 1122, 1406
HB 266--Gross premium tax ___________.302, 580, 581, 676, 1281, 1306 SB 99--Participation by policyholders in profits;
Code Section 52-216 amended ........872, 897, 1133, 1155, 1388, 1390 SB 56--Investments .....................___..........._____........449, 468, 577, 589 HB 8Ex.--Taxation .........._.__......____16, 33, 37, 43, 78, 86, 91, 102, 104
Institute of Law and Government HR 223--Resolution commending __.__________,,__,,________915, 1067
Intangibles. (See Taxation)
Intangible Property Tax Act HB 333--Amendment ________.___________445, 551, 553, 678, 1139, 1240
Interposition
HR 185--Interposition resolution ____________670, 712, 714, 782, 1067 HR 100-300a--Resolution .............__.___..._______.________..________350
Investments. (See Insurance Companies)
1480
INDEX
Irwin County SB 131--Commissioners ._____....___....___._.__......_..._.._.__873, 898, 930, 934, 1084
Jackson Electric Membership Cooperative HR 95-261i--Compensation for damages __._.__.__301, 480, 481, 528, 840
Jamerson, Lamar HR 94-261h--Compensation for injuries ,,_._____,----301, 579, 588, 1209
Jefferson City Court HB 480--Compensation of judge and of solicitor _..________.._._......__.____625, 764, 768, 827, 1218
Jekyll Island HR 260--Study committee; a resolution ______,_.______._____._____1335, 1354, 1363
Jenkins County SB 149--Tax commissioner's salary .,,.__,,_...918, 942, 1069, 1079, 1148
Jesup HB 615--Charter amended -____._________.__._._923, 1072, 1076, 1142, 1326, 1351 HB 429--Deeds to alley __._.____.-_____.___.____________________.547, 578, 586, 653, 1066
Jessup, W. L. Jr. HR 101-300b--Compensation for injuries _____..__._----___.,,--..______.----_.351
Johnson, Mrs. W. A. HR 119-319J--Compensation for injuries; a resolution _.__.,,......,,..__,,........-.-___.._...__380, 816, 819, 905, 1322
Johnson Superior Court HB 225--Terms .....______.._............____..__._____----___--_~~__.295, 382, 387, 459, 875
Joint Economy Committee. (See General Assembly)
Jones, T. Q. and Mrs. Vallie Jones HR 68-200c--Compensation for injuries; a resolution ___.._..____.___.___....._.,,-_-__.....--___._239, 551, 555, 799, 1137
Junior Chamber of Commerce HR 44--National Junior Chamber of Commerce commended; a resolution ...-....,,.-.,,.-.....-_..__-_..__.___..__.-__._,,-----..192, 212
INDEX
1481
Juries and Jurors
jjB 81--Examination; Code Section 59-720 amended __167, 202, 204, 287, 521 HB 583--Age limits for jury exception; Code
Section 59-112 amended _._.,,____________________,,,,__ 809, 886, 892, 1192
Justices of the Peace
HE 14-37a.--Finality of judgments; proposed amendment to the Constitution __.________________._______._,,_131, 575
HB 204--Register of search warrants; Code Section 24-601 amended _,,_._.,,_.__.__._______.__.____.__.264, 516, 518, 1095
Juvenile Courts
HB 70--Act of 1951 amended (counties of 150,000 or more but less than 300,000) ____________________161, 202, 203, 271, 482
HR 32-96e--Judgments, review by Supreme Court and Court of Appeals; proposed amendment to the Constitution ________________._._________170, 304, 311, 523, 1136
HB 353--Jurisdiction as to adopted children ____473, 548, 554, 746, 919 HB 87--Practice of law by judges ____________._.___._168, 201, 204, 280, 707, 732 HB 561--Release or parole of juveniles committed to State
training schools __._____________759, 816, 824, 1057, 1172, 1365, 1378 HB 19--Jurisdiction; Code Section 26-302 amended ___---125, 134, 137, 530
K
Kalock, Emil HR 203-561b--Compensation for injuries; a resolution ..._______._____________._______.._-_759, 1073, 1078, 1201, 1405
Kegg, Clifford W. HR 156-454c.--Compensation for damages ____________________________ ..........573
Kicklighter, Hon. John H. HR 137-399a--Compensation--Court costs in habeas corpus cases ______,,...._..514
King's Bay Ammunition Loading Terminal HR 182-481f--Conveyance of land in Camden County to; a resolution _.__.___.__..______________626, 712, 719, 1207, 1407
Kingsland HB 209--Alley closings authorized __..____________265, 306, 309, 358, 636, 1257
Kirkland, C. G. HR 24--Designate bridge ___________________________________________.__________-___163
1482
INDEX
Kite HB 569--Charter amended .--_______.__-_~__._...806, 887, 891, 937, 1319
L
Laborer's Liens. (See Liens)
Labor, Department of HB 436--Act of 1937 and 1943 amended (Steam railroads) _______---_---_-__--_-_--__________________570, 711, 713
Lake City HB 618--Mayor and councilmen ___________________924, 1072, 1076, 1143, 1403
Land Conveyances
HR 181-481e--Conveyance of islands in Savannah and Tugaloo Rivers to U. S.; a resolution ________.___..__.626, 713, 719, 1206, 1407
HR 182--481f--Conveyance of land in Camden County to King's Bay Ammunition Loading Terminal; a resolution ____________________.._.._.__626, 712, 719, 1207, 1407
HR 12-33a--Conveyance of land in Camden County to Federal Government; a resolution _______________127, 550, 555, 671, 920
SR 14--Conveyance of land to Pierce County authorized; a resolution _______________________________________633, 654, 887, 893
HR 205-587a--Conveyance of land to Richmond County; a resolution ______________________________________810, 931, 932, 1116, 1406
HR 180-481d--Conveyance of land Pulaski County to Town Creek County Club; a resolution _____________,,_____626, 713, 719, 1205, 1405
SR 15--Exchange of lands, Cloudland Canyon State Park; a resolution ______________________________________706, 724, 887, 893, 1263
HR 178-481b--Exchange of lands in Pulaski County, a resolution _______________________________________________ __626, 713, 718, 1204, 1405
HR 230-621e--Reconveyance of lands to City of Calhoun; a resolution _____________________________________925, 1073, 1078, 1162, 1408
HR 141-399e--Sale of land in Forsyth and Dawson Counties to Robert Latham; a resolution _________________514, 550, 556, 1040, 1321
HR 60-163i--Sale of old Georgia National Guard armory site in Milledgeville; a resolution ____________.__218, 479, 517, 526, 877
HR 167-477d--Conveyance of land to City of Atlanta; Limited Access highways _______________._________624, 927, 1131, 1134
Landscape Architects SB 101--Create Board of ____________________________________752, 781, 811, 819, 1392
Land Processioners
SB 89--Appointment; Code Section 85-1604 amended ______________________,,.___________._.__________703, 724, 813, 819, 1358
Larceny SB 38--Wilful concealment of unpurchased goods ..._._316, 317, 1228, 1289
INDEX
1483
Latham, Robert
HR 141-399e--Sale of land in Forsyth and Dawson Counties to to Robert Latham; a resolution..--_..--514, 550, 556, 1040, 1321
Laundry
HB 503--Unclaimed laundry; Code Section 67-1906 repealed ______--_____.._._____696, 816, 822, 1163, 1404
Laurens County SB 138--Ordinary's compensation ___----.__-918, 942, 1069, 1078, 1145
Law Enforcement Officers HB 336--Subsistence allowance _.445, 551, 553, 678, 1216, 1244, 1247, 1248
Lawrenceville HB 518--Corporate limits extended __---------,-.-...-.698, 764, 771, 835, 1220
Lawson, Hon. Roger H. JSR 1--Member of State Highway Board; a resolution ----.------128, 176
Leases. (See Public Property)
Lee, Lillie Ruth HR 115-319f--Compensation for death of husband ----------____.___..____-380, 478, 815, 825, 914, 1102
Levy and Sale
HB 257--Place, time and manner of sales; Code Section 39-1201 amended --------------,,_...._.._------299, 517, 518, 866, 1216
Lewis, Leon
HR 58-163g--Compensation for injuries; a resolution ----------_,,____..._-___....218, 579, 588, 796, 1321
Lexington, City Court of SB 166--Judge's compensation __----------..1139, 1150, 1213, 1227, 1296
Libel
SB 75--Venue of actions against newspapers, magazines, etc. ...............__.----------483, 484, 517, 520, 562, 564
HB 255--Venue of actions against newspapers, etc _----299, 452, 454, 569
Librarian. (See State Librarian)
1484
INDEX
Licenses. (See Agricultural Products; Automobiles; Barbers; Beverages;
Billiard Rooms; Chiropody; Dentists; Drivers' Licenses; Electricians; Engineers; Foresters; Firearms; Insurance Agents; Marriage; Meat; Milk; Nurses; Opticians; Osteopaths; Physicians; Poultry; Psycho logists; Real Estate Brokers; Veterinarians; Wine)
Liens
HB 269--Laborers' and materialmen's liens; Code Sections 67-2001, 67-2002 amended .........___,,__..302, 452, 454, 496, 754
SB 61--Mechanics' and materialmen's liens; Code Sections 67-1701, 67.-2001, 67-2002 amended ......^632, 655, 763, 774, 1355
Limited Access Highways. (See Highways)
Lindsley, Thulia HR 7-18g--Compensate -___-______.-.-...__..-_,.-_.__-_.-...-__._-.-...-_.._..._124, 579, 587, 1115
Linwood HB 600--Charter amended .........._._..._......._.....__.,___881, 931, 933, 1083, 1402
Literature Commission HB 549--Act of 1953 amended ___...._....._______..______._..__.___._.757, 805, 888, 1191
Livestock
SB 125--Auction sales ..---__.__.___.__-__--__.........872, 898, 929, 934, 1377 HB 106--Commercial feeds and feeding stuffs,
Act of 1945 amended .___..._.__.__.____.._.....184, 451, 453, 494, 753 HB 122--Compensation of veterinarian examining infectious diseases;
Code Section 62-1011 amended ...___.._197, 303, 501, 557, 753 HB 103--Concentrated feeding stuffs;
Code Ch. 42-2 amended .._._._--.--.--.__.--.._184, 303, 307, 492, 705 HB 105--Garbage feeding; Act of 1953 amended .___.....______._._.._. 184 SB 24--Garbage feeding; Act of 1953 amended .__.250, 260, 303, 311, 491 HB 624--Garbage feeding Act of 1953 amended
(injunctions) ...-_-____.__.-.-..._._____..925, 1070, 1077, 1166, 1407 SB 50--Livestock and Poultry Disease Control Board--
Creating Act __............__.______._.__......426, 467, 575, 589, 736, 751, 879
Loan Companies
HR 177-481a--Suspension of certain license and examinations fees; a resolution ........-.-.......-_...____._.____._--..........__.626, 713, 718, 1106, 1407
HB 2Ex.--Taxation _____________________________......_..______.___.___15, 33, 37, 48, 59, 84
Loans SB
43--Industrial Loan Act of 1955 amended; license tax ...-___.____.___.....--_..........--............. 316, 317, 453, 455, 490
INDEX
1485
Long County HB 515--Ordinary's compensation _____________________698, 762, 771, 835, 1219
Lookout Towers HB 147--Fire lookout tower sites _______________.__215, 352, 353, 428, 753
Lord, Mrs. Lillian HE 155-454b--Compensation for injuries; a resolution ____________,,_______________573, 816, 821, 905, 1222
Louisville HR 129-348g--Promotion of industries; proposed amendment to the Constitution _______,,._____,,________.________448, 548, 556, 976, 1222
Lowndes County HB 371--Voting machines __________.____________________510, 576, 583, 646, 919
Lula HB 232--Charter ________________.__.______________295. 384, 387, 460, 921, 1085
Lumber HB 276--Standards of measurement _____________________._________,,__..__.___.347, 714
Lumpkin County HB 411--Tax commissioner's compensation _,,_._ ..543, 576, 585, 651, 920 HB 555--Zoning _______________.__________.__________.____758, 812, 823, 895, 1221
Lumpkin Superior Court HB 391--Terms __._.._.________________________.__.____.________.513, 576, 584, 648, 1066
M
Macon
HB 612--Anti-tubercular sanatarium ______________.884, 931, 933, 1083, 1402 HB 622--Charter amended _____________._..___________.._______...___925, 1072, 1077 HB 144--Charter amended ____.__________________________214, 305, 308, 356 HB 150--Charter amended ___._________________________215, 306, 308, 356, 559 HB 613--Closing of part of First Street
authorized __________.____._.________________884, 931, 933, 1084, 1403 HB 151--Closing of portion of Pine Street
authorized _________________________________215, 549, 552, 590, 875 HB 564--Corporate limits ______________________-760, 887, 890, 937, 1319 HB 614--Eminent domain _________________.____923, 1072, 1076, 1142, 1403 HB 611--Hospital commission __________________884, 931, 933, 1084, 1402 HB 330--Mayor and council _______________________444. 549, 553, 592, 877 HB 610--Pension system amended __883, 931, 933, 1142, 1323, 1343, 1394
1486
INDEX
HB 75--Pensions in police and fire departments _^_166, 202, 204, 224, 427 HB 76--Police and fire departments ,__-_-.-_.-...__-..166, 202, 204, 224, 427 HB 300--Street closing ratified ____________,________________.____350, 384, 391, 466, 599
Macon County
SR 28--Board of education; proposed amendment to the Constitution _,,.._..,,......._....________.___560, 561, 708, 719, 1022
HB 621--Commissioners, election __.............._.....924, 1069, 1077, 1144, 1403 HB 582--Ordinary's compensation .-..-..._-._-...____...-809, 884, 891, 938, 1320
Madison Superior Court HB 168--Terms ...____......_...._..........._.........__.....__......._.233, 477, 580, 643, 918
Magazines SB 75--Venue of libel actions against ________483, 484, 517, 520, 562, 564
Malt Beverages. (See Alcoholic Beverages, Taxation, Counties, Minors)
HB 136--County Option .__..____________.__.__._..__-_-_,,_________-____,,,,__.___.________,,...______ 213 HB 581--Employment of minors in sale of malt beverages and wine....__ 808 HB 216--License to manufacture; revocation --,,_._-,,_.._-___..,,,,__...,,,,_,,__.. 267 HB 218--Revocation of license of dealers ...--__-_-__----___--_.--_-_._-__,,.. 294 HB 6Ex.--Taxation ..-___.__._.--......_..._.._.._..._...__.--._._...16, 33, 48, 50, 84 SB 148--License and Excise Tax ._._..__..__...._,,___......,,.......__........,,...._ 1228
Manchester
HB 350--Corporate limits ,,__--__.__,,__--___--__..___.--.__._473, 549, 554, 596, 878 HB 349--Taxation __......_._._...._._......_....._-..._....__...___473, 549, 554, 596, 878
Mansion. (See Governor's Mansion)
Marion Superior Court HB 40--Terms ___......._.___.__......____.............._.............____.155, 171, 173, 189, 314
Marriage
HB 183--Licenses; Code Section 53-201 amended __-,,__.,,,,___..__-___----__ 235, 264, 352, 383, 440, 922, 1048
Martin, Hal S.
HR 93-261g--Compensation for injuries; a resolution _._.__.______--_,,..._-__._--__.-__--_____.301, 452, 455, 528, 840
Massage and Masseurs
HB 541--Practice of ___________________________...........__......-__...___756, 824 HB 167--Licensing _._._.._....__......-__,,..._._,,___._..._._...._.233, 451, 453, 742
Materialmen's Liens. (See Liens)
INDEX
1487
McCullers, Horace Andrew HR 228-621c--Compensation for damages -.-.......-_.__-.-.-.___,,__......___....______._ 925
McDuffie Superior Court HB 33--Terms ______.._______..__.....__._._..______.__..__..._..___._._...127, 171, 172, 188, 314
McRae HB 125--Compensation of mayor and aldermen ________198, 305, 307, 355, 559
Meat SB SB
32--Meat, poultry and dairy processing plants; licensing and control ..-___.._.....____.._......597, 601, 763, 774, 1278, 1296, 1308
27--Sale of weight ___.._____,,_____.______.__316, 317, 451, 455, 499
Mechanics' Liens. (See Liens)
Medicine. (See Drugs; Hospitals; Physicians) HB 49--Licensing of interns ...,,___,,,,....,,_____,,,,.....,,,,_......___,_...,,._._.,,._._....__ 157
Meriwether County HB 533--Commissioner's compensation _,,,,..____..___755, 812, 822, 894, 1318
Meyer, Mrs. Ann H. HR 197-531L--Compensation for injuries .___.___._.___702, 817, 822, 1052, 1323
Microfilming
HR 192-531g--Study of expense of microfilming State records; a resolution ____.._._.....,,_.___,,____.__..__.._701, 765, 773, 1408
Middle Georgia Bottling Company HR 10-18J--Compensation for damages ....__--_,,,,,,_.--,,-.....__--__.,,_...._.......,, 124
Milk. (See Resolutions--Part V)
SB 32--Meat, poultry and dairy processing plants; license and control ...........____.___-..-..__._597, 601, 763, 774, 1278, 1296, 1308
HB 605--Inspection of milk dealers .__,,......,,---.....882, 929, 1070, 1196, 1405 HB 129--Milk Control Board Act repealed ......__......._____.........____.. ....._.._198, 381
Milledgeville
HB 152--Corporate limits extended .-.____.._...--____....261, 541, 578, 639, 1215 HB 153--Corporate limits extended ........__._-_.._._215, 541, 578, 636, 1215 HB 156--Zoning __._.,,......_......,,.........._--..-_........_.......216, 383, 385, 456, 875
1488
INDEX
Milledgeville State Hospital
SB 110--Prisoners transferred by Board of Corrections ........__._.....-_-...._____......-_......-_.872, 897, 1213, 1226, 1309
SB 107--Transfer of patients from Training School for Mental Defectives ..._.___......_____...___....__-....921, 942, 1213, 1226, 1308
HB 142--Examine for committal; commission _______,,____.___...__.__.,,..,,__.... 214, 304, 308, 497, 1225, 1241
Miller County HB 285--Voting machines __...-.-_..-...-........__......,-...348, 576, 582, 645, 919
Minimum Foundation Act HB 435--Amendments .._._....__........__,...__.._..._.____.570, 710, 715, 1116, 1155 HB 437--Amendments _.._-.-___.._..____.._.........,,_......___,,,,.......,,_._._.....__.. 570, 710 HB 375--Amendments .._._....._..__.._.__.......___.......__._.__._....___..__._..._510, 709, 714 HB 189--Amendments _._.____...______...._______..___.._.__..._.236, 313, 629, 687, 859 HB 55--Amendments _.._.._..__..._____....,,._--...________-.-__._..-_.__.......___....158, 929
Minimum Foundation Program For Education (See Education, Schools, Teachers)
Minnows. (See Fish)
Minors
HB 561--Release or parole of juveniles committed to State training schools .....__.____...___759, 816, 824, 1057, 1172, 1365, 1378
Minors. (See Alcoholic Beverages; Beer, Wines, Bastardy)
HB 319--Age of legal majority; Code Section 74-104 amended .____._....-..____-.-._____-.....-_._........___......___...379, 816, 820
HB 135--Employment in places where alcoholic beverages sold ......_.___... 213 HB 581--Employment in sale of malt beverages and wine ____,,..._,,___.._..,,_ 808 HB 328--Furnishing firearms __....__...______444, 690, 762, 907, 909, 934, 1181 SB 18--Immoral, improper or indecent
liberties against _.......-_-__.........--._._.....-._-_-.-....._632, 615, 1227, 1289
Misdemeanors SB 35--Punishment; Code Section 27-2506 amended _-_.__....._.569, 713, 1262
Moate, Marvin Address _.,,_____--_-..-.._,,-_----------------------------_----__--_--.----_._.------_--._ 115
Monroe HB 404--Corporate limits extended .,,.-.-.-,,_........_-__ 542, 578, 584, 650, 876
INDEX
1489
Monroe, City of HB 162--Extend corporate limits ..-.......,,..._.__,,_._.__________ 217, 305, 308, 356
Montgomery County HB 230--Tax commissioner's compensation _-.._____._295, 382, 387, 460, 634
Mooney, Dr. John HR 29-96b--Compensation for injuries; a resolution ___.__________,,_..._..-------...----..--______!70, 815, 1052, 1321
Mooneyham, W. S. HR 112-319c--Compensation for injuries; a resolution ________,,,,,,_.________.__---_.--,-379, 630, 632, 1053, 1322
Morris, Preston HR 125-348c--Compensation for injuries; a resolution .___._______.__.___-----._~__-447, 517, 519, 1054, 1322
Mortality Tables HB 53--Admissibility of American Experience Mortality Tables in evidence ........__.-_..._......__......_157, 202, 203, 229, 598
Mosquitoes SR 32--Control in Chatham County; proposed amendment to Constitution .........._....,,_.-_._.._..._..__704, 725, 760, 767, 1025
Mothers HB 171--Care of pregnant unmarried mothers ___.^233, 548, 551, 615, 875
Motor Carriers HB 9Ex.--Fuel tax .........-..-.-..-_--..----._-..--.--..._______._.._._16, 33, 37, 40, 70
Motor Fuel Tax Law. (See Taxation)
SB 126--Exempt kerosene or fuel oil used in curing of leaf tobacco ......._............_...........__..___.____.._..__873, 898, 1141, 1215
Motor Vehicle Safety Responsibility Act
HB 25--Amendments ....._.__._..._.._.........__..._.._._126, 629, 631, 1097, 1404 HB 454--Act of 1951 repealed ___.._______,,__..__.._...............__........__.. 573
Motor Vehicles. (See Taxation--Drivers License)
HB 114--Size and load limitations; Code Section 68-405 amended -......._.__...,,._.._...__186, 206, 241, 361, 560, 565
1490
INDEX
HR lll-319b--Ad valorem taxation; proposed amendment to the Constitution __________,,,_________.__,,________.______________379, 569, 811
HB 78--Annual Inspection _.__,,,,_______._____-__:______________167, 220, 221, 437
HB 447--Automobile dealers' franchise on contracts ___________________________ 572 HB 585--Chauffeurs' licenses --.._,,.__-____-------_,,-_.._...,,...,,..._......._,,_......._ 810 HB 430--Drunken driving; penalty ~____--_~_~_.~_-_.._________________547, 888, 889 HB 140--Fees, buses operated by churches and religious
organizations ______,,_______,,,,____--_______,,______________________________214, 1134 HB 215--Licenses, passenger vehicles ___.-..___.___-_---__.___-__-_______________,, 267 HB 409--License tags, purchase by mail by members of
Armed Forces _________________________._.-______._-__._________._____._542. 1134, 1140 HB 530--Lists of owners furnished County and
other officials .____.........-.--.-...._.-_......_.._..__.....____...__700, 805, 1134 HB 274--Revocation of drivers'
licenses ..___.__._____..._.__________..__.______._.____347, 451, 454, 850, 1394, 1397
HB 606--Revocation of license for conviction of certain offenses ____882, 1134 HB 45--Removal of vehicles unattended on highways ____----______-__.__..__ 156 HB 20--Arrests for speeding on highways _____________________ .__125, 132, 137, 909 HB lEx.--Drivers' licenses; chauffeurs;
fees _._.__________._____.__._._.______.__-____.__..______15. 32, 37, 52, 81, 85, 91, 101
SB 4Ex.--Lighting equipment; Uniform Traffic Act amended ____81, 83, 88 HB 4Ex.--Operation licenses; Code Sections 92-2902,
92-2903 amended _._.__________15. 33, 37, 48, 63, 88, 92, 97, 100, 104 HB 36--Registration--Code Section 68-206 amended _________-_.___-__.131, 155 HB 270--Registration--Code Sections 68-202, 68-207 amended __.._-____._ 302
Moultrie
HB 527--Corporate limits extended .._..__...-___.700, 764, 772, 837, 1280, 1305 SB 51--Utility systems _.____-_____.___._.__._._-_-_-_____1139. 1149, 1227, 1289, 1289
Mount Vernon HB 362--Corporate limits ____.__-___...____-__-______-_-.__.___.-_508. 550, 554, 594, 878
Mountain View HB 287--Charter __._._____.._______.___.____.__.__ .-_-____-__._-_______.____349. 383, 390, 464, 704
Multiple-Beam Road Lighting Equipment SB 4Ex.--Require _______________._._._..____.__._._-___.-....___._..______._..__..____58, 59, 70, 78, 79
Municipal Corporations
HB 259--Damage actions against, demand prerequisite; Code Section 69-308 amended _____________-___.....--______-________300. 353, 354, 531, 877
HB 261--Traffic ordinances ._._______________.__-_-____.__._-________._.__________.__300, 888, 889 HB 139--Revocation of charter for failure to
maintain segregation ______,,,,,,_____,,_____________,,_______,,._____213, 581, 586 HR 87-261a--Traffic ordinances; proposed amendment to
the Constitution .___.___.___..._________..-________--___,,__--_ 300, 708, 717 HB 169--Traffic control; Code Section 69-309 added ________________233, 580, 586 HB 85--Taxation; Code Sections 92-4104, 92-4102, 92-4103 repealed ____ 168 HB 401--Sylvester; extend limits -___._..__._-_--__._.515, 549, 555, 596, 712, 876
INDEX
1491
Municipal Courts HB 373--Reidsville, City Courts ......__........_._......_....610, 576, 583, 646, 878
Municipal Home Rule
SB 31--Provide in municipalities ___________..426, 467, 474, 816, 1264, 1271, 1315, 1332
Muscogee County
HB 339--Fire protection districts ___,,_--_________..___..___.446, 515, 519, 558, 877 HR 123-348a--Licenses and occupational taxes; proposed amendment
to the Constitution ______________________.447, 548, 556, 973, 1225, 1236
N
Narcotics
HB 47--Oral prescriptions, uniform narcotic Drug Act amended ,,__.__--------,,___________........_1B6, 219, 221, 258, 449
Natural Gas. (See Gas, Natural)
Naturopathy HB 121--Practice of
_________________________....._.197, 219, 222, 255, 521
Neville, Dr. Lester
HR 18-64c--Dr. Lester Neville Bridge designated; a resolution _______.___-_..._-_.-............................-159, 305, 311, 487, 1136
Newnan, City Court of SB 132^Judge's compensation ,,_,,_____,,,,,,.,,___.____.____.__ 839, 840, 887, 893, 939
Newspapers SB 75--Venue of libel actions against -__.........483, 484, 517, 520, 562, 564
Newton County HB 201--Treasurer ._______...._____.__-____-._-...................-____239, 269, 270, 312, 560
North West Point HB 546--Charter .._,,__.__,,______________._,,_________ .757, 887, 890, 935, 1319
Nurses
HB 467--License renewal fee, registered and undergraduate nurses; Code Sections 84-1010, 84-1012 amended __622, 713, 717, 847, 1216
HB 197--Registration and examination fees of undergraduate and of registered nurses; Code Sections 84-1007, 84-1010, 84-1012, 84-1015 amended _.._._______-238, 451, 453, 534, 875
1492
INDEX
o
Obscene Pictures, Books, etc.
HB 407--Code Section 26-6301 amended _______-542, 713, 714, 863, 1323, 1342 HB 234--Code Section 26-6304 repealed ________.__296, 383, 388, 530, 919
Obscene Matter
HB 90--Condemnation of matter and vehicle transporting; Code Section 26-6306 amended _________.__.._________.._..___- 168
Officials, State
HR 47-129c--Salaries; proposed amendment to the Constitution .___.____._,____._____199, 575, 587, 1189, 1405
Okefenokee Rural Electric Membership Corporation HR 13-33b--Grant of easement to; a resolution __________127, 550, 555, 672, 876
Old Age Assistance SB 5Ex.--Claims _____________________.___._____.___________81, 83, 88
Old-Age and Survivors Insurance HB 623--Act of 1953 amended ____.__._______926, 1074, 1077, 1175, 1405
Opticians
HB 27--State Board of Dispensing Opticians ._._._..__________.___-______126, 162, 192, 317, 1323, 1332
Optometry
HB 363--Defined; Code Section 84-1101 amended ._-______^._____508, 548, 554, 1139, 1166, 1194
Ordinaries. (See Names of Counties)
HB 378--Microfilming of ordinary's records in counties of 100,000 to 114,000 _______________511, 576, 583, 647, 1217
HB 327--Retirement system amended ____________444, 516, 519, 676, 1139, 1238
Ordinary, Courts of
HR 81-214f--Traffic cases; proposed amendment to the Constitution _._____.___._____.___266, 304, 312, 1110, 1155, 1186
Ordinary. (See Guardian, Testamentary Guardian)
SB 114--Issuance of fi fas after costs become due ___________.____.__________________________.___.____________706, 723, 1064, 1132
SB 115--Adjudication of persons _______________.706, 724, 1064, 1132 SB 90--Use of photostatic equipment ______________839, 840, 1075, 1080
INDEX
1493
Osteopaths
HB 467--License renewal fee; Code Section 84-1207 amended ...._________________._.___622, 713, 717, 847, 1216
P
Pardon and Parole Board
HB 65--Advisory staff ___._____-____160, 201, 203, 226, 1068, 1275, 1408
Parent and Child
HB 351--Parents' liability for child's wilful and wanton tort ________..________.____473, 579, 582, 678, 738, 921, 1304
HB 383--Uniform reciprocal Enforcement of Support Act ......._......_._......._..__511, 813, 820, 1108, 1394, 1396
Parks
HB 482--Act of 1943 repealed __..___ .________.________.___626, 815, 824, 1089, 1325 HR 190-531e--Cabins in State parks;
a resolution _.__..__..._._.______.______.._.__._______.___701, 765, 773, 1101, 1407 SR 15--Cloudland Canyon State Park, exchange of lands;
a resolution ______________________________-,.-706, 724, 887, 893, 1263 SB 5--Disposal of parks and public recreational
facilities ______.________.__200, 205, 306, 310, 487, 522, 536, 707, 727 HB 579--Disposal of parks and public recreational
facilities ._______._______-_____.._.._____808, 889, 891, 1089, 1281, 1283
Parks, Department of
HB 580--Powers and duties _______________..__808, 889, 891, 1090, 1321
Peace Officers
HB 336--Subsistence allowance for law enforcement officers _____________445. 551, 553, 678, 1216, 1244, 1247, 1248
HB 161--Annuities and Benefits __.._._,,_____,,_._._.--._____--_--______ 217
Peace Officers' Benefit Fund
SB 49--Act amended ____.____.....__,,__._____598, 602, 926, 1075, 1262 SB 153--Forfeiture of benefits ._._..._._._....__..__.923, 943, 1063, 1135, 1373
Peace Officers' Annuity and Benefit Retirement Fund
HB 326--Benefits for total and permanent disability ______________________ 444 HB 161--Benefits to widows _,,_-.._____._____._____________.___..___ 217
Pensions. (See Employees' Retirement System; Peace Officers' Benefit Fund; Teachers' Retirement System)
HB 431--Pension of widow of Associate Public Service Commissioner ____________________________________________569, 750, 887, 1056
1494
INDEX
Pension Systems
HE 202-561a--Investments __.__.____._.__._..___.._._......,,_____________..759, 1132, 1140 HB 278--Firemen's pension amended ..........--_.....347, 516, 519, 566, 1136
Performance Bonds. (See Bonds)
Perry HB 445--Election of mayor and councilman .....__572, 712, 715, 776, 1138
Physicians
HB 467--License renewal fee; Code Section 84-915 amended ____________________________...622, 713, 717, 847, 1216
HB 49--Licensing of interns _.............._.._.._.___.......__..__._........._....._ 157
Piedmont Judicial Circuit SB 129--Reporter's salary -.-.._._._....._..._._........_..873, 898, 1074, 1080, 1145
Pierce County
SR 36--Board of education; proposed amendment to the Constitution ....__..._____________...-..........______704, 725, 760, 768, 1027
SR 14--Conveyance of land to; a resolution __......._.....633, 654, 887, 893
Pin Ball Operators HR 135--Slush fund; committee to investigate _._485, 580, 590, 617, 1284
Pineview HB 214--Ad valorem tax __.__________..__.__..___._..-...___._____..._._266, 306, 310, 358, 633
Pine Lake HB 575--Elections _..__.._.._._____.___.__.........807, 887, 891, 938, 1320
Pipeline Systems
HB 455--Intrastate natural gas systems _.._._......_..__...............574, 630, 631, 731, 791, 1226, 1288
Pistols. (See Taxation)
Pistols. (See Firearms)
HB 338--License to carry; Code Sections 26-5103, 26-5106 repealed .....__............._...................445, 762, 767
Planning. (See Zoning) Planning Commissions
HB 102--Establishment by municipal corporations and counties _..184, 805
INDEX
1495
Plants HB 104--Seed, plant and variety certification ....._.184, 219, 221, 257, 427
Political Campaigns HB 77--Expenditures for; State employees __..____..166, 202, 204, 475, 712
Polk County
HE 50-130b--School superintendent; proposed amendment to the Constitution ......__.._.._......_....._..__.._._...._240, 244, 420, 600
Pooler
HB 226--Charter amended ___.._-_._.___________________._.......__295, 384, 387, 459, 634 HB 229--Corporate limits .............._____.________________._.295, 383, 387, 459, 634
Ports
HR 188-531c--Facilities in Decatur County; a resolution __..._..._.._,,.______._____.___________701, 889, 892, 1039, 1321
HR 189-531d--Facilities in Glynn County; a resolution _._..____...._....____.__.....701, 889, 892, 1039, 1322
HR 204-561c--Facilities in Richmond County; a resolution _-_.._._...-..__________..-.._.759, 815, 824, 914, 1038, 1282
Post Mortem Examinations Act HB 376--Act of 1953 amended ,,._,,_________...__,,_..___,,....._._..._ 510, 548, 555
Poultry. (See Livestock and Poultry Disease Control Board)
Poultry SB SB
32--Meat, poultry and dairy processing plants; licensing and control ......._____.....__.316, 317, 765, 774, 1368
27--Sale by weight _____-__.__.____..___...268, 278, 306, 311, 358
Prescriptions
HB 47--Oral prescriptions for certain narcotic drugs; Uniform Narcotic Drug Act amended __._...._-156, 219, 221, 258, 449
Price, C. B.
HR 165-477b--Compensation for injuries; a resolution __________.__-.._,,__............623, 760, 765, 772, 1055, 1323
Printing
HR 194-531i--Study of advisability of State printing office; a resolution ..___.-............_._.___..__......._...._701, 765, 773, 1102, 1408
1496
INDEX
Prison Industries HR 187-531b--Study of recommendations of Legislative Economy Committee; a resolution ____,,_....___...._.____....700, 765, 773, 1101, 1407
Prisoners. (See State Board of Corrections; Escapes)
Prisoners. (See Escapes) HB 1--Service of misdemeanor sentence; Code Section 27-2506 amended .______.__________.___________________.__________..._________120, 134, 135
Private Schools. (See Schools)
Probation HB 72--County probation officers in counties of 150,000 or more but less than 300,000 .__.__________.._.._. ...__.161, 201, 203, 274, 482, 746 HB 35--Statewide Probation Act ....-___.__......._..130, 154, 171, 193, 601, 603, 636, 726, 752, 754
Processioners SB 89--Appointments; Code Section 85-1604 amended .._________._____. _____._________.._.____703, 724, 813, 819, 1358
Processioning HB 586--Appointment of processioners; Code Section 85-1604 amended ___.___._..____________.___-___.._.___._____-_____......____..810, 871, 1074
Psychologists HB 467--License renewal fee _______. _ _ __ -622, 713, 717, 847, 1216
Public Property HB 190--Leases of State property _____ ._____________.______236, 581, 586, 744, 1136 SB 2--Trespass on State-owned or operated property closed to public ____-___.-______-..______-_-__.-_-___-...____200, 205, 306, 310, 367 HB 529--State Property Insurance Fund; create ______________700, 765, 772, 841 HB 408--Sale of public property owned by county or municipal corporation ___,,..._ .__-________,--_______.___542, 630, 631, 865, 899
Public Health, Department SB 163--Compensation of Director of -._.._._.-......__._.._1139, 1150, 1214, 1227
Public Recreation Facilities SB 5--Disposal of _________.______.200, 205, 306, 310, 487, 522, 536, 707, 727
Public Safety Council HB 607--Creating Act _____.,,.._..._...--_--.....-_-___.....__-_-..._882, 927, 1135, 1167
INDEX
1497
Public Safety Department
SB 44--Duties of Uniform division (trash on public roads or property) _........-_..________..-__448, 468, 814, 819, 1086, 1279
SB 152--Enforcement of segregation ____.-...-_____922, 943, 1063, 1135, 1366 HB 560--Salaries of officers and troopers _.._.__-___759, 813, 824, 907, 1320 HB 562--Uniform division ____-.....-....____...___...-_____.____759, 889, 892, 1119, 1405
Public Safety, Department. (See Drivers' License, Motor Vehicles, Highways)
HR 41--Director to report on Recommendations of Economy Committee ~----.___--_.--.----~~-----___._--..----___874, 896, 926
Public Sale. (See Auctions; Levy and Sale)
Public Schools. (See Schools)
Public Service Commission
HB 431--Pension to widow of Associate Commissioner -___._.____.-.__..-___________..._..._....___.______.....569, 750, 887, 1056
HB 543--Jurisdiction; Code Section 93-307 amended ___.__.__756, 1073, 1075
Public Weighers. (See Certified Public Weighers)
Pulaski County HB 452--Commissioner's salary ______________......____.-____573, 709, 716, 776, 1317
Pulaski Development Company
HR 178-481b--Exchange of lands in Pulaski County; a resolution ............_______.._....._.....-.-...__626, 713, 718, 1204, 1405
Pulpwood SB 160--Loads to be chained, 2 chains or cables ........922, 944, 1070, 1079
Purchases
SB 136--Purchases by employees of hospitals and other institutions ...._...__.________._...918, 942, 1070, 1078, 1267, 1282
HB 474--Purchases by employees of hospitals and other institutions .___,,__.-..-_..-....._._.--_____623, 693, 762, 912, 913, 934
Purchasing Department, State HB 56--Duties _,,.....-......._..._..___._......-......._-_._.__....-..............--.--_........-______._ 158
Quail
SB HB HB
20--Pen-raised quail for commercial purposes -250, 259, 270, 318, 450 79--Breeding and sale of pen-raised quail ____.__..........._.._.._._... 167, 628 60--Breeding and sale of pen-raised quail ....__.._,,__..__._...,,__._....... 159
1498
INDEX
Quante Plumbing and Heating Company
HR 128-348f--Compensation for injuries; a resolution _-.-.....-.______....____-_____.-._.-_____..__.448, 816, 820, 1054, 1322
R
Rabun County HB 41--Tax commissioner's clerk ...............................IBS, 171, 173, 189, 314
Randall Fuel Company, Inc. HR 183-482a--Compensation for loss in money ___._________________._..-___________627, 805 HR 184-482b--Compensation for loss in money _______.._.___.._._____...--.__.__. 627, 805
Randolph, Nolin Burl
HR 157-454d--Compensation for injuries; a resolution _._._.__________.._--___.____.-._.-._.______.673, 816, 821, 1054, 1322
HR 174-477k--Compensation _______....-..-._.._.__.-...__..__........_.____.....-._.__._62S, 867
Randolph County
HR 237--Law books to ordinary; a resolution _________...-____._____1086, 1100, 1404 HR 236--Law books to superior court; a resolution _________________-1085, 1404
Real Estate Brokers
HB 205--Licenses; Code Section 84-1401 amended ..._____________........._..____.....___264, 764, 766, 1088, 1385
SB 135--Nonresident, licenses; Code Section 84-1422 repealed .....___..___.___...._.-__._......873, 898, 1214, 1226, 1391
Recording
HB 82--Conditional bills of sale; Code Section 67-1403 amended ......_____________....__.__....._..167, 201, 204, 288
HB 249--Conditional bills of sale; Code Section 67-1403 amended .-_____...,..-.-_.___._--...-.__......_.-.-.....___...298, 928, 1132
Records
SR 35--Committee to study preservation of State and county records ____.._._____...__._..._____923, 944, 1214, 1227, 1361, 1408
HR 192-531g--Study of expenses of microfilming State records; a resolution .__.,,..,,............_.__...______.--.___________-._..__701, 765, 773, 1408
Recreational Facilities
SB 5--Disposal of ..................200, 205, 306, 310, 487, 522, 536, 707, 727 HB 579--Disposal of __.______.____.___...._.._________.___.808, 889, 891, 1089, 1281, 1283
Reidsville HB 373--City Court of _....._.-__..___..._........_.__._......_....___...510, 549, 555, 595, 878
INDEX
1499
Registered Mail SB 42--Define -...,,,,_,,.______.._._,,____,,_____,,_.,,. 316, 317, 579, 589
Registered Nurses. (See Nurses) Reidsville
HB 373--City Court ............____-__._._________..__._.._._..............510, 576, 583, 646, 878
Retirement. (See Employees' Retirement System; Ordinaries; Peace Of ficers' Retirement System; Solicitors-General Retirement System; Teach ers' Retirement System)
Retirement
HB 221--Superior Court reporters emeritus __..__._..________._294, 816, 820, 1177 HB 217--Superior Court Judges emeritus ___.._....-.______..__. .__._._____294, 712, 714
Retirement Systems
HR 261--Invest in real estate ___...---------------._._......._-.____________________,,.____ 1336 HB 278--Firemen's pension system amended ._______..347, 516, 519, 566, 1136 SB 54--Judges of Superior Court Emeritus,
Act amended....................-----.___-___________- 632, 655, 712, 719, 1258
Revenue Anticipation Certificates
HB 608--Gas and electric facilities; counties and municipal corporations --------.------__-____--..882, 930, 934, 1204
Revenue Certificate Act HB 446--Act of 1937 amended; utilities __--___.____________--------___,,_--.......... 572
Revenues
HR 9Ex.--Committee to study economy in government; a resolution ____________________________________.--___________.__._66, 70, 78, 79, 92
SR 14Ex.--Distribution of increased funds; a resolution _________________.--------------.101, 106, 108, 110, 111
Revenue Stamps
HB 601--Forged stamps, seizure, etc., as contraband __._------_.----.----.--_,,.--____----..881, 1075, 1076, 1157
Richland
HB 453--Eminent domain .._------.------__-----_.----..573, 712, 716, 777, 1318
Richmond County
HR 118-319i--Augusta-Richmond County board of tax assessors; proposed amendment to the Constitution __.__.____________380, 548, 556, 969, 1222
HB 385--Board of education ------------------___._512, 576, 583, 647, 1066 HR 205-587a--Land conveyance to; a resolution ....810, 931, 932, 1116, 1406 HB 228--Tax commissioner ________..-.-.-......-.............______295, 382, 387, 459, 598
1500
INDEX
Rincon
HB 403--Election hours ........_...._.._.._,,__._____542, 578, 584, 650, 920 HB 163--Charter amended _...-_._.._......._.._......._._...............,,,,__._....___ 217
Ringgold HB 598--Qualified voters ___....._..,-__....._...._.....__....881, 931, 932, 1082, 1320
River and Harbor Improvements
HR 15Ex.--Federal appropriation for; a resolution ...._.__,,____,,_____,,,,__,,_.____-__--_._--,,..--_----_
Riverdale HB 297--Charter ._....._..-.-.-___..,,...._......--__._........_._.__.350, 384, 390, 466, 599
Roads. (See Highways)
HB 505--Road system in counties of 300,000 or more _....-...._....__.-..___-._.....__.__..._._.._697, 761, 770, 833, 1219
SB 35--Work by prisoners; Code Section 95-804 amended ____569, 713, 1262
Roberta HB 64--Corporate limits extended __.________.___.___159, 172, 173, 190, 315
Robbery
HB 609--Robbery and Armed Robbery; Code Sections 26-2504, 26-2505 amended ....._-.__-_.___._.-......_-____......883, 930, 933
Rockdale County HB 180--Tax commissioner's compensation ._........... 235, 269, 270, 312, 522
Rockdale Superior Court HR 30-96c--Law books to; a resolution ...._..._..._....__170, 220, 222, 244, 482
Roll Call Equipment HR 23Ex.--Committee to purchase ----------__-----------..---_-___..-.-_........ 95
Roll Call System Committee Report ___._._----------.----,,.--------_-_-.--.__--._-...-...-____......,,_._.....___,,_. 94
Rome HB 499--Corporate limits extended __.......__._.____._.._._696, 764, 769, 832, 1219 HB 500--Retirement system amended __________________,,__ 696, 764, 770, 832, 1219
Rome Judicial Circuit HB 377--Solicitor-general and assistant__..--_______510, 575, 583, 721, 1137
INDEX
1501
Roughton, Harvey, Rep.
Address -- -___--___.._________,,__________________.__._.________,,___.._----_-----___,,___ 320 HR 109--Distribute Copy of Speech _._..._,,..___....,,._.__-.._,,-.---.---.-.._____- 373
Royston HB 302--Charter amended ____-__-_-_-_.__..____________-_-____375, 550, 552, 590, 875
Rural Electrification Administration HR 253--Committee to investigate __________________________________......-______1255
Rural Roads Authority HB 346--Act amended; utility poles _______________...._____,,______-__-------___ 447
Sales
HR 215-608e--Committee to study consumer financing of personal property ...................._._..__...__._...........__883, 927, 1075
HB 82--Recording of conditional bills of sale; Code Section 67-1403 amended _________________________________167, 201, 204, 288
HB 249--Recording of conditional bills of sale; Code Section 67-1403 amended ______________________________________.___.________298, 928, 1132
Sales Tax
HB 426--Insecticides, fertilizer ...................... 546, 576, 586, 1110 HB 457--Act of 1951 amended; tangible personal property ______574, 627, 818 HB 57--Act of 1951 amended ______________.__.,,.__._._.__,,...._..........._ ______158, 551 HB 164--Exempt Bibles -....,,..-.......-...-.._..-...-.........--_._______________-_______._.__........... 218 HB 61--Cigars, cigarettes _______._____,,_______________________-_________________ _159, 766, 766 HB 46--Cigars, cigarettes __________._._______._.._..._.__-.-...-.-.............____156, 766, 766
St. Marys
HB 291--Street closings authorized _.____.____________-_______-349, 384, 390, 465, 635 HB 288--Voters, taxation _________________________________.__.__._349, 384, 390, 465, 635
Sandersville
HB 516--Corporate limits extended __________.................__698, 764, 771, 835, 1220
Sandersville, City Court of
HB 396--Judge, Solicitor ______________,,_______________._.___________ 513, 549, 555, 595, 876
Saunders, Hal
HR 173-477J--Compensation for injuries; a resolution __..._..____________________________________________624, 751, 815, 905, 1222
1502
INDEX
Savannah
HB 231--Civil service system amended .__-__.__-295, 383, 387, 460, 599 SB 21--Election and terms of mayor, aldermen
and record _______.._._______._....__..___,,_.--_.........250, 259, 450, 455, 501 SB 29--Election and terms of mayor, aldermen
and record ......_..______............-...__------.......268, 278, 306, 311, 359 SB 28--Recorder ...........,,._.,,.........,,.......____._._....__...268, 278, 306, 311, 358 HB 417--Sale of land to Taliaferro
Baptist Church _....-....-..__...._-.__-.-._.-..---544, 578, 585, 652, 920
Savannah District Authority SB 144--Amendments ..-.___-._....-...-....-......_-.--...874, 899, 1069, 1079, 1147
Savannah River
HR 204-561c--Port facilities in Richmond County .-..-_-.._............................____--759, 815, 824, 914, 1038, 1282
Savings and Loan Associations
SB 37--Payment of value of share to incompetent; Code Section'16-440 amended _._______--_____448, 467, 628, 631, 1376
HB 115--Branch offices ..__._____..___._.________.,,______..-__-.-_...,,-.-._.__.-._,,._._._,,.,,,, 196
School Building Authority. (See State School Building Authority)
School Building Authority for the Deaf and Blind HB 584--Abolishing Act ....................-.-...-.....--_.___-__810, 885, 892, 1044, 1321
Schools. (See Education, Teachers, Segregation)
HR 136--Accrediting of high schools; a resolution --.,,____________........504, 560 HB 388--Buses; inspection, etc. ...._._._..____._____._..........._.........._.______512, 577, 584 SB 1--Closing of public schools in county, city or independent
school systems ______..._______.............__.._.-...._____._.211, 225, 306, 310, 365 SB 52--Consolidation in counties of
8,500 to 8,600 ____________________________________--,,__.__838, 840, 885, 893, 1274 SB 86--County school taxes in counties of not
less than 300,000 ......_.._.___.__._____.__._____-..........558, 561, 709, 719, 838 HB 110--Eminent domain ....................___._..__________........185, 383, 385, 488, 753 HR 5-18e--Insurance of property; proposed amendment to
the Constitution .__._.__.................,,.-...,,..___--._________.________..._____....124, 134 SB 3--Lease of public school property ................_.212, 226, 306, 310, 368 SB 8--Private schools, certificate of safety
(fire hazards) ._...._......_....._._......._._________________200, 206, 306, 310, 371 SB 7--Prohibiting expenditures of funds for segregation _-__212, 226, 581 HB 434--Removal of county school superintendents;
Code Section 32-1008 amended _.___._____.________570, 709, 715, 861, 1325 HB 130--School busses, pupil transportation, etc. .__,,_______-_._-----..---.-- 199 HB 554--Study of Southern History
and Traditions _____.____.________.________---------___-758, 885, 890, 1090
INDEX
1503
HB 433--Suspension of county school superintendents; Code Section 39-912 amended ------------570, 709, 714, 847, 1324
HB 50--Tax, county-wide; increase amounts __._._..._157, 171, 173, 190, 314 HB 301--Withdrawal of funds from schools and
enforcing segregation _--------__--------_____351, 581, 587, 745
Science Center HR 275--Create at University of Georgia _----,,_..--__----------_---- 1409
Seafood. (See Game and Fish)
Search Warrants. (See Justice of Peace)
Sears, Roebuck and Company HB 494--Land conveyance by City of Augusta authorized ----------------------------695, 764, 769, 830, 1219
Seeds
HB 195--Georgia Seed Law __._____.._.___.___.__.__.____..__._........237, 304, 309, 433, 754 HB 104--Seed, plant and variety certification ..........184, 219, 221, 257, 427
Segregation
SB 152--Duties of Department of Public Safety --------------------------------922, 943, 1063, 1135, 1366
HR 185--Interposition resolution ..............................670, 712, 714, 782, 1067 HB 18--Athletic contests, dances, etc. ._.-.-._.-.-.---------123, 133, 137, 1179 HB 139--Municipal corporations; revocation of charter for
failure to maintain ________________.____--_------.213, 581, 586
Sentences
SB 35--Concurrent or successive sentences; Code Section 27-2510 amended .__._,,....___,,__._-__--------569, 713, 1262
HB 54--Sentence on plea of guilty of capital felony .______--__--_------------------157, 516, 517, 1178, 1404
HB 35--Statewide Probation Act -------- ...------130, 154, 171, 193, 601, 603, 636, 726, 752, 754
Service
HB 48--Mail service of subpoenas on witnesses ----156, 201, 203, 256, 521 HB 387--Civil cases, absent or non-resident defendants;
Code Section 81-207 amended .____,,,,------------_____---------- 512
Sheppard, W. E.
HR 102-300c--Compensation for injuries; a resolution ----------------..----------------351, 551, 556, 685, 1067
1504
INDEX
Shelton, W. B. HR 78-214c--Compensation to estate of for injuries ._.,,....._.___... ____________ 266
Sheriffs. (See Names of Counties)
HB 587--Election in counties of 300,000 or more; Code Section 34-2601 amended ,,..__________..... 810, 884, 892, 939, 1320
HB 359--Fi Fa Sales; delegate power ....._._ ...__........_.____._..........508, 582, 675
Simpson, Mrs. Roscoe, Sr. HR 176-478a--Compensation for injuries __----_____-_____ -- .___._... 625
Smallwood, Felton
HR ll-18k--Compensation for injuries; a resolution ______._.,,.__________________..._______._____. 125, 241, 242, 280, 707
Smyrna
HB 69--Charter amended ._.......,,......____.............. _________161, 171, 174, 191, 269 HB 358--Corporate limits extended ..._____..__.........._--....474, 549, 554, 594, 878
Social Security
HB 16--Coverage of officers and employees of political subdivisions; Act of 1953 amended ...._____._.......... ______123, 133, 137, 244, 450, 479
Social Security Board HB 501--Director's salary
.__,,,,_696, 751, 817, 1047, 1325
Soft Drinks
HB 263--License and control of manufacture and sale of bottled soft drinks _______________.,,,,.__ 301, 516, 518, 616, 1138, 1164
Solicitors-General
HB 348--Assistant solicitor-general in certain circuits ..._......_. ______ __ ______447, 579, 582, 687, 713, 1044, 1281, 1303
HB 239--Duties in aid of officials ________._--_-____297, 1065, 1135, 1171, 1406 HB 6--Accts. and Statements of fees received by
county officers ____-___.________________,,,,.________________ 121, 132, 135
Solicitors-General Retirement System HB 202--Act of 1949 amended
_ 264, 270, 452, 454, 485, 754
Southeast Georgia Gas Authority HB 471--Creating Act _______________________________________________ ,, .
_. 622
Southern Forest Fire Prevention Conference HR 220--Resolution endorsing ________._______,,____,,,,,,._,,___ _ _____915, 1067
INDEX
1505
Southern Judicial Circuit HB 547--Judge's compensation _.______...--757, 804, 1071, 1106, 1401
Spalding County
HB 524--Agricultural agent and home demonstration agent __.._.____.____________-699, 762, 772, 836, 1220
HB 251--Compensation of commissioners __________298, 382, 388, 462, 703
State Board of Corrections
SB 35--Comprehensive Act __..__----..___--.__.------.569, 713, 1262 SB 110--Prisoners transferred to Milledgeville
, State Hospital __.__.__________-872, 879, 1213, 1226, 1309
State Board of Health SB 80--Compensation of members of _..,,,,....._....--.918, 941, 1214, 1226
State Departments
SB 71--Pees to State Treasury ____.....__-.633, 655, 1075, 1079, 1308 SB 108--Control spending except for
named allocations ..___,,..________.921, 943, 1214, 1226, 1309
State and County Records HR 124-348b--Storing of records ...___--------__447, 817, 820, 1049, 1407
State Employees. (See Purchases)
HB 207--Physical examination ___..___265, 580, 586, 684, 1281, 1307 HB 13--Minimum wage _____________..__._......__122, 133, 136 HB 51--Personal interest in contracts with State ._._.._..._______ 157 HB 474--Purchases ___-._...._______-__623, 693, 762, 912, 913, 934 HB 77--Contributions to political campaigns ..._--166, 202, 204, 475, 712
State Employees Retirement System
SB 36--Change number of years of creditable service ....._._..._....426, 467, 558, 561, 1075, 1079, 1375
State Boundaries HR 133--Committee to negotiate with Alabama committee; a resolution ..____.--....._.______.._____......._.........._469, 522
State Capitol HR 43--Chapel in State Capitol; a resolution __...------___.....191, 212
State Employees. (See Employees' Retirement System; Subversive Activi ties Act)
HB 111--Trading with State ........__._..__.----__186, 221, 221, 255, 601, 605
1506
INDEX
State Flag
SB 98--Military Forces Reorganization Act amended --___.-..--__....-._____...-..-._._....___....598, 602, 710, 719, 856
State Highway Board. (See Highway Board) HB 30--Powers; contracts --___-...____--___.._.._.,,................,,.___........_.. 126
State Lands. (See Land Conveyances)
State Librarian
HB 531--Distribution of law books; Code Section 101-205 amended _____.____________700, 765, 772, 844, 1216
State Medical College HB 283--Eugene Talmadge Memorial Hospital _____.________.__.,,_____.___,_...__,, 348
State Office Building Authority
SB 156--Employees included in employees' retirement system .......__.......-._._._........._..918, 942, 1075, 1079, 1263
State Officials
HB 192--Compensation of ex officio officials _........-_.-__........__.._._........_._....237, 306, 309, 434, 840, 1245
HR 47-129c--Salaries; proposed amendment to the Constitution _..........._._.._._.......______....__199, 575, 587, 1189, 1405
State Officers HB 284--Candidates to be nominated in primaries _.._........,,.__....._ 348, 392
State Parks, Department of HB 580--Powers and duties _.__.......___._--.-......_-........808, 889, 891, 1090, 1321
State Patrol SB 133--Duties ........._...-..-..-__.,,_._..._.,,_..-._-..___.839, 840, 926, 1214, 1309
State Patrol Cars SB 155--Unofficial riding in; claims _....______....._.____._......918, 942, 1133, 1140
State Planning Commission HB 101--Creating Act _..........._..__.---.---_.-._. ...184, 805
State Printing
HR 194-5311--Study of advisability of State printing office; a resolution .__._.___._...__._...__....701, 765, 773, 1102, 1408
INDEX
1507
State Property. (See Public Property)
State Records
State Property
HB 194--Lease, etc. of State property in Chattanooga, Tenn. and controlled by Western and Atlantic Railroad lease _____,,_--,,----_____..__........._.... 237, 550, 552, 1102
HR l-18a--Declare "Pat Baker" chair surplus ______ ___.__^_^123, 134, 137, 685 SR 35--Committee to study preservation of State
and county records ___.--__,,.--~-923, 944, 1214, 1227, 1361, 1408 HR 192-531g--Study of expense of microfilming;
a resolution ......................_.___..._...-..._-._.._....._....701, 765, 773, 1408
State School Building Authority SB 4--Leases _ ...___......__________________.__..__...212, 226, 306, 310, 369
State Toll Bridge Authority HB 484--Act of 1953 amended _____._____________627, 889, 889, 1034, 1086, 1092
State Treasurer
HB 185--Payments on warrant of Deputy Comptroller General; Code Section 40-1101 amended ____235, 306, 309, 360, 707, 1246
State War Veterans Home HB 14Ex.--Establish __.__.__.___._______._...____.___...___..__.__.
32, 37, 51, 81, 82
State Warehouse Act HB 145--Amendments ..__......._...............___.__._.____.___214, 516, 518, 617, 918
Statesboro HB 331--Utility systems ___.__________.._____.________._____.._______.444, 508, 549, 592, 877
Statutes
HB 395--Construction of "and" and "or" in statutes in which population used as classification _.,,--..._,,----,,__,,__-513, 813, 821
Stephens Superior Court HB 604--Grand juries ______________________.____.___.-__.______882, 930, 933, 1083, 1402
Stewart County
HR 138-399b--Board of Education; proposed amendment to the Constitution _._.-.____..................514, 575, 589, 978, 1223
HR 151-428e--Law books to superior court and to ordinary; a resolution .___...__._.,,.,,._._.--._--_..--_.__547, 814, 821, 893, 1323
1508
INDEX
HR 147-428a--Schools; proposed amendment to the Constitution _____________________________546, 708, 717, 987, 1223
Stoffragen, George B.
HR 66-200a--Compensation for injuries; a resolution _________________________....______.________238, 480, 481, 527, 839
Stone Mountain HB 464--City clerk and police --------____._,,_._----.-621, 711, 716, 778, 1138
Stone Mountain Circuit HB 459--Judges _----__,,------______--.______--.._.___.__-__.____620, 712, 716, 1040, 1318
Streams HB 620--Pollution, venue of actions arising from --___------_--__----_--____924 HB 7--Pollution ___----__--_,,_----_________....121, 132, 136, 206, 889
Strickland, C. R. HR 91-261e--Compensation for injuries ___________________________ ____.___.____________301
Subpoenas HB 48--Service on witnesses by mail _______________________156, 201, 203, 256, 521
Subversive Activities Act HB 12--Questionnaires -____.----______------__----________122, 133, 136, 228, 521
Sulfanilamide
HB 100--Veterinary use of sulfanilamide and sulfonamide drugs __--_--_____----_______----__________184, 451, 453, 501, 704
Sumter County
HB 483--Americus-Sumter county planning commission ______________________.._.__.________._______.__....___627, 709, 717, 779, 1138
HB 440--Zoning __________________________.___._____571, 709, 715, 775, 1137
Sunday
HB 313--Pishing on; Code Section 26-6908 repealed ___---__-_______----..----377, 480, 481, 529, 562, 680
Superior Courts
HB 400--Clerk-duties; Code Section 24-2715 amended ..515, 714, 1112, 1406 HB 422--Clerk's duties; Code Section 24-2714
amended ._.__..__.._.._________________________544, 816, 821, 1179, 1406 HB 221--Reporters emeritus ....._.____..._.____-._._294, 816, 820, 1177 HB 217--Judges emeritus _._.___----__________________________.___.___..___294, 712, 714
INDEX
1509
HB 542--Reporters emeritus; service requirements _-----,,--.756, 1074, 1075 HB 379--Clayton Circuit created .-._..__._511, 689, 712, 733, 752, 785, 1066 HR 69-200d--Terms of Judges; proposed amendment
to Constitution ___----_---__._..__--------__.------239, 575, 588 SB 90--Clerk to use photostatic equipment __-.....----839, 940, 1075, 1080 SB 17--Fees of clerks; name proceedings _268, 278, 383, 1065, 1133, 1140
Support. (See Parent and Child)
Supreme Court
HR 191-531f--Reports, disposition of plates; a resolution .._:._._----....-._----------701, 871, 1074, 1101, 1156, 1399
HR 32-96e--Review of juvenile court judgments; proposed amendment to the Constitution .._.__.__170, 304, 311, 523, 1136
HR 69-200d--Terms of Justices; proposed amendment to the Constitution ...._._._.,,_......._....._--------___.239, 575, 588
Surveyors. (See Engineers)
Button, Hon. I. Homer
HR 45-129a--Judge I. Homer Button Bridge designated; a resolution ___--.__--.....--_.---------._.._.199, 305, 311, 437, 876
Swint, Charlie B.
HR 198-531m--Compensation for injuries; a resolution _----___----....----_------------702, 816, 822, 1052, 1323
Sylvester, City of HB 401--Extend City Limits .--------------------515, 549, 555, 596, 712, 876
T
Taliaferro Baptist Church HB 417--Sale of land to by Savannah .--------------544, 578, 585, 652, 920
Tax Commissioners. (See Names of Counties)
HB 592--Compensation in counties of 5,900 to 5,951 --------------------..._---........580, 930, 932, 1082, 1402
Taxation. (See Income Tax; Insurance)
Taxation. (See Income Tax; Insurance Companies; Revenue Stamps)
HR lll-319b--Ad valorem taxation of motor vehicles; proposed amendment to the Constitution --------..----.----__.--.379, 569, 811
HR 212-608b--Authority of General Assembly; proposed Amendment to the Constitution ------------.------------.----...----.__883, 1065, 1113
HB 5Ex.--Cigars and Cigarettes ------.__16, 33, 48, 61, 71, 92, 93, 96, 97, 101, 104, 105
1510
INDEX
Taxation
HB 61--Cigars, cigarettes ---_-----.----__--_...._------------159, 766, 766
HB 46--Cigars, cigarettes _______------,,--__,,----------------156, 766, 766
HB 80--Conditional sales contracts, notes, etc. --------167, 766, 1104, 1404
HB 12Ex.--County tax on carnivals, circuses ,,_____------_______17, 34, 48, 84
HR 7Ex.--Distribution of funds ____---...------------------------57, 70, 78, 80
SB 126--Exempt Kerosene or fuel oil used in curing of
leaf tobacco _.______----------------,,__----------------873, 898, 1141, 1215
HB 511--Homestead exemption ----___-.------------------697, 766, 770, 1180
HB 133--Homestead Residential lots lying within limits of
two or more school districts ____,,----__----_--------------212, 579, 581
HB lOEx.--Income tax; Code Sections 92-3101, 92-3102, 92-3106,
92-3109, 92-3210, 92-3301, 92-3105
amended __...____.__._16, 33, 58, 71, 77, 93, 97, 99, 100, 102, 104, 107
HB 8Ex.--Insurance Companies --------16, 33, 37, 43, 78, 86, 91, 102, 104
HB 333--Intangible Property Tax Act ___..______445, 551, 553, 678, 1139, 1240
HB 382--Intangible Property Tax Act amended .._.511, 580, 587, 797, 1216
HB 402--Intangible Property Tax Act of 1953, amended --_----------------541
HB 424--License or occupational tax on corporations,
interest on _________________________________________.--___----------------_.545, 818, 821
HB 16Ex.--Liquor Permits __...-^.-
__--------.,,,,.__..____ 69
HB 2Ex.--Loan Companies --------------......................15, 33, 37, 48, 59, 84
HB 6Ex.--Malt Beverages _-__________--______------------_------16, 33, 48, 50, 84
HB 9Ex.--Motor Carriers; fuel tax--_--.------------------16, 33, 37, 40, 70
HB 7Ex.--Motor Fuel; Code Section 92-1403, 92-1407 amended --_------------__------------16, 33, 37, 40, 70, 105
HB llEx.--Payroll and gross receipts __--------------------.--..--,.___16, 34
HB 80--Sales and Use Tax Act; amend _----------------167, 766, 1104, 1404
HB 13Ex.--Services __._.__._____..._._______
-17, 34, 79
HB 15--Soft drinks ._.....-..-._------_,,----------------.--------.36, 47, 78, 81
HB 15Ex.--Soft Drinks ......----._----------_______------------_........... 36, 47, 78, 81
HB 4Ex.--Tags ..------.--------..------15, 33, 37, 48, 63, 88, 92, 97, 100, 104
HB 532--Tax on dealers in pistols and cartridges ____--______.__.-.-------.------------702, 818, 822, 1043, 1320
HB 219--Wines ...... ...................-...._..,,..,,-..-.-------------.-.._.....-.._._._ 294
HB 3Ex.--Wines ...... ......________-----._------------------15, 33, 37, 70
Tax Executions
HB 456--Qualities and incidents of executions issued by political subdivisions for non-payment of taxes .__.__.______.__.__.. ._..__..,,...._.... 574
Tax Collectors. (See Counties) Tax Receivers. (See Counties)
Teachers
HB 473--Election, minimum foundation program amended ____________..___._.------------. 622, 710, 717, 784, 824, 843, 1216
INDEX
1511
HB 563--Retirement benefits, transfer from public to nonsectarian private schools ......_._..______________.__________759, 889, 890
HR 255--Salary of classroom teachers ......__.___________________,,___-- 1255 HB 9--Retirement; service in other States __________ ________122, 133, 136, 207 HB 8--Retirement,; years service ________________________ 121, 133, 136, 207 HB 366--Benefits ______________________________509, 577, 582, 655, 1216 SB 48--Service Retirement allowance ____________________752, 781, 885, 893, 1387 SB 6--Teachers in privately operated nonsectarian schools;
Code Section 32-2901 amended ________________200, 206, 306, 310, 359
Teachers Retirement System
HB 310--Investments ___________________________________________________377, 871 HB 311--Amendments ______________________________________.___.._______377, 871
Testamentary Guardian SB 116--Appointment, dismissal, etc. _________________705, 724, 1064, 1132
Textile Tariffs HR 12Ex.--Protest of Geneva Conference action; a resolution ........__71, 99
Theft. (See Larceny)
Thomas, Mrs. Evelyn Law
HR 19-64d--Compensation for injuries; a resolution __________________________________________ __160, 480, 481, 526, 839
Thomas County
HR 79-214d--Board of Education; proposed amendment to the Constitution ________________________________._.__266, 381, 391, 950, 1221
HB 591--Pee system abolished __________________880, 930, 932, 1081, 1402 HB 594--Tax commissioner ________.____________.__________________880, 930, 932, 1082, 1320
Thrash, Elmore C.
Messenger of House, elected ______________________________________________.ll, 13
Thunderbolt HB 540--Zoning ___________________________________________________.._____756, 887, 890, 935, 1319
Tignall HB 32--Charter _____________...__,,_______________126, 171, 172, 222, 482
Tobacco HR 132--Allotments, leasing; a resolution ___________.___________________._.__________469, 522 SB 40--Allotments; leasing ______________________________________._______________________598, 602
Todd, Theolia F. HR 90-261d--Compensation for injuries ____________________300, 579, 588, 795, 1222
1512
INDEX
Torts. (See Municipal Corporations)
HB 351--Parents' liability for child's wilful and wanton torts ___________473, 579, 582, 678, 738, 921, 1304
SB 75--Venus of libel actions against newspapers, magazines, etc. __._________.-.483, 484, 517, 520, 562, 564
HB 255--Venue of actions against newspapers, etc. .___299, 452, 454, 569
Tourist Camps
SB 104--Registration of guests _________________..703, 725, 819, 1261 HB 472--Registration of guests .______________..,,_..,,.__.____622
Town Creek Country Club
HR 180-481d--Conveyance of land in Pulaski County to; a resolution __.__:______._.__626, 713, 719, 1205, 1405
Traffic Courts
HR 186-531a--Courts in counties of more than 300,000; proposed amendment to the Constitution __700, 760, 772, 944, 1009, 1224
HR 168-477e--Proposed amendment to the Constitution .____624, 812, 822
Training School for Mental Defectives
SB 107--Transfer of patients to Milledgeville State Hospital ____________.____-...921, 942, 1213, 1226, 1308
Trash. (See Highways)
Traveling Salesmen
HB 571--Tax on license by Municipal Corporations; Code Section 92-4105 repealed ________...____._.__....807
Treasurer. (See State Treasurer)
Trespass SB
2--Entry on State-owned or operated property closed to public ____..__.__________200, 205, 306, 310, 367
Trials HB 83--Term of trial in civil cases .._.........._......167, 202, 204, 289, 560
Troup County
HB 526--Compensation of commissioners .._..._.__699, 761, 772, 837, 1221 HB 264--Pension system amended ......__........._..302, 382, 389, 464, 635
INDEX
1513
u
Unemployment Security Act HB 280--Weekly benefits; amendments .,,----_.__------__-347, 475, 549
Uniform Narcotic Drug Act
HB 47--Oral prescriptions for certain narcotic drugs; Act amended _._.______---____-----__156, 219, 221, 258, 449
HB 383--Uniform Reciprocal Enforcement of Support Act; enforcement _.-__.----.----___.511, 813, 820, 1108, 1394, 1396
Uniform Traffic Act SB 4Ex.--Lighting equipment --------------_--------_..58, 59, 70, 78, 79
Union County HB 321--Tax commissioner, office and hours -------380, 515, 519, 557, 876
U. S. Attorney-General HR 51--Censured; a resolution ----------------_--------------..207, 560
University of Georgia HR 275--Science Center ..--.----------------___------_------.-___1409
Unmarried Mothers. (See Mothers)
V
Valdosta HB 506--Corporate limits -.------------------------.697, 764, 770, 883, 1318
Vending Machines. (See Drugs)
Vending Stands HB 128--Operation by disabled persons .-------------.198, 221, 222, 256, 449
Venue
SB 75--Libel actions against newspapers, magazines, etc. --------.__--...--------------__.--483, 484, 517, 520, 562, 564
HB 620--Actions arising from pollution of streams _--___----._------924 HB 255--Tort actions against Newspapers, etc. ___----.299, 452, 454, 569
Verner, George H., Arthur E. and Anne
HR 89-261c--Compensation for injuries; a resolution ------------------------------300, 452, 454, 528, 840
1514
INDEX
Veterans
SB 120--Automobile license tags for disabled veterans __..__^_839, 841, 888, 893, 1278, 1296, 1314, 1327
HB 475--Copies of vital statistics records furnished veterans ..______.________.________.___________________.____.___623, 750, 818, 1113, 1407
HB 393--Duplicate driver's license _.______________^____513, 580, 587, 1058, 1324 HR 139-399c--Payments to, and to survivors; proposed amendment
to the Constitution ....._......__............_.......____._..___.....______514, 575, 589 HB 14Ex.--State War Veterans Home
Veterans' Service, State Board of HB 335--Compensation of members .____._.____.________445, 479, 818, 1045, 1324
Veterans' Service, Department of HB 416--Director's compensation __._....-.____....__........543, 750, 818, 864, 1137
Veterinarians
HB 122--Compensation of veterinarian examining cause of infectious diseases; Code Section 62-1011 amended ___.197, 303, 501, 559, 753
HB 467--License renewal fee; Code Section 84-1505 amended _.-.-_____._..-.....__.._......._..-.._..-._._........622, 713, 717, 847, 1216
HB 100--Use of sulfanilamide and sulfonamide drugs ______.___-______.__--___..__..._184, 451, 453, 501, 704
Vidalia
HR 166-477c--Vidalia Development Authority; p-roposed amendments to the Constitution ......._____........____......__....623, 693, 993, 1225, 1232
Villa Rica HB 165--Corporate limits extended __.._._.______._.____._.____.218, 305, 308, 356, 559
Vinson, Hon. Carl HR 231--Resolution commending .______..._.__..____._._....___.......______.._......___1060, 1137
Virus. (See Hog Cholera Virus)
Vital Statistics
HB 475--Copies of records to veterans -__.-_-..____-_....623, 750, 818, 1113, 1407 SB 150--Local registrar in counties of 300,000
or more _..________....._...._-..-____.......-__._....--_922, 943, 1069, 1079, 1148
Vocational Rehabilitation HB 127--Subrogation .___.__..._.___-_-______....-,,_...-.-..._-_--..._198, 221, 222, 484, 874
Voting Machines HB 253--Use in certain counties ....-..._,,----,,__,,_..-...__ 299, 382, 389, 462, 875
INDEX
1515
Voters Registration Act
SB 68--Qualification of candidates ...._---------482, 484, 764, 774, 837 HB 254--Places of registration in certain
counties .._--_--_------_.._------_____._.__..299, 382, 389, 463, 635 SB 65--Places of
registration .--------482, 484, 549, 557, 597, 615, 654, 879, 1343
w
Wages
HB 398--Amount of wages deceased employee to be paid by corporation to widow; Code Section 66-103 amended .__..--........-513
Waiting room. (See Common Carriers)
Walker, Daniel H.
HR 103-300d--Compensation for injuries; a resolution __.._--------_------_______.......351, 631, 632, 1053, 1321
Walker, George W. HR 159-454f--Compensation for injuries .--...__------------------------.574, 816
Walker, J. D.
HR 92-261f--Compensation for injuries; a resolution ........___--------------------_.
301, 816, 819, 901, 1321
Walton County
HR 105-300f--School system; proposed amendment to the Constitution --------_.--------____.........351, 381, 391, 960, 1222
Ware County
HB 551--Primaries; County officers ,,____..__..757, 812, 823, 894, 1221 SB 53--Commissioners .__..__.....__...._.._...___.___--------__------_------597, 602 SB 57--County officers; salary systems ------------ ---------,,__.597, 602
Warehouses HB 145--State Warehouse Act amended ____..__..214, 516, 518, 617, 918
Warm Air Heating Equipment Act
HB 468--Applicable in counties of 6,008 to 6,079 ----__.__.........................................622, 709, 717, 779, 1218
HB 538--Applicable in counties of 6,975 to 7,000 ----------------------______......755, 812, 822, 894, 1401
HB 625--Applicable in counties of 15,784 to 16,500 --------------.-------.-__........925, 1069, 1077, 1144, 1403
1516
INDEX
HB 443--Applicable to counties of 27,786 to 29,000 __._...____________________.____671. 709, 715, 776, 1138
SB 105--Applicable to counties of 30,289 to 30,975 ..__...__.___...___________706, 725, 1069, 1080, 1144
HB 507--Applicable in counties of 34,500 to 36,500 _____________________-_._697, 762, 770, 833, 1218
SB 77--Applicable in counties of 40,113 to 43,000 __________________--_703, 703, 725, 1069, 1080, 1144
HB 451--Applicable in counties of 29,046 to 29,705 ___._______.____..._._.____.____________________-_______-672
Warner Robins
HB 308--Charter amended (mayor and council, wards) _________________________________376, 550, 552, 591, 876
HB 307--Charter amended ..........................._________376, 549, 552, 591, 875
Waynesboro HB 22--Ad valorem tax _________________._________125, 172, 172, 187, 268
Waynesboro City Court HB 24--Clerk's fees __________________________._125, 171, 172, 187, 314
Webster Superior Court HB 126--Terms __________________..__..__.......198, 240, 242, 276, 483
Weighers. (See Certified Public Weighers)
West Point HB 160--Business licenses ______,,.________.________217, 305, 308, 356, 559
Wheeler County HB 496--Sheriff's compensation ______________....695, 761, 769, 831, 1218 HB 498--Treasurer's bond ______________________.696, 762, 769, 832, 1218
Whitesburg HB 513--Police court ___________________________698, 764, 771, 834, 1221
Wife-Beating HB 71--Trial on accusation _____________________161, 305, 307, 845, 1136
Wildlife Rangers HB112--Compensation _________________________.186, 480, 480, 526, 753
Willding, John A. HR 127-348e--Compensation for injuries; a resolution .__________._________448, 630, 632, 741, 1139, 1253 SB 43--Damages .___.__._.___.__....__..________.____._________923. 944
INDEX
1517
Wilkes, R. G. HR 117-319h--Compensation for injuries .____..,,,,.,,._____.._.___380, 815
Wills SB 113--Administration of Estates, etc. .__--------.-..706, 723, 1064, 1132
Wimberly, General Ezekiel SR 17--General Ezekiel Wimberly Bridge designated; a resolution _._________________449, 468, 710, 720, 1310
Winder
HB HB HB
492--Corporate limits extended __..___--695, 764, 769, 829, 1217 488--Real property evaluation _._.________.694, 764, 768, 828, 1219
489--Recorder ______________________-694, 764, 768, 828, 1219
Windham, E. A. HR 55-163d--Compensation for injuries _________.__________217
Wines. (See Alcoholic Beverages, Taxation; Minors)
HB 581--Employment of minors in sale of malt beverages and wine --.--808 HB 218--Revocation of license of dealers _.______._.___.__..._._--294 HB 219--Taxation ___..._____...._____._________.__._.......294 HB 3Ex.--Taxation ..........................___.........____--------15, 33, 37, 70
Witnesses
HB 386--Atendance, fees; Code Section 38-1501 amended ...__-----_.------____--.512, 576, 583, 647, 879
HB 48--Service of subpoenas by mail _______156, 201, 203, 256, 521
Workmen's Compensation. (See Wages, Employees)
SB 88--Hearings regarding disagreements; Code Section 114-706 amended ....._..,,..___.____918, 941, 1065, 1214, 1315
Workmen's Compensation. (See Wages)
HB 132--Subrogation; Code Section 114-403 amended ..__..._........___----212 HB 52--Total incapacity; Code Section 114-404 amended _.......,,__.----.157 HB 324--"Employer" and "employee" defined; Code Section
114-101 amended ___._.....__._____.___..__.__.......__._._____443 HB 514--Medical and other treatment; Code Section 114-501
amended _--------------.--_....__________________________698, 751 HB 428--"Employer" and "employee" defined;
Code Section 114-101 amended .....___--__,,--._.._----.----_____----__546
Workmen's Compensation Board HB 118--Salaries of members _-........-.....-..-.._..__.._..._197, 475, 549, 611, 874
1518
INDEX
Wrightsville HB 573 --Charter amended .._.-..-...__.___.__._._..__.__.._.____....807, 927
Y
Yarbrough, Eev. L. N.
HE 154-454a--Compensation for injuries _______...__...__.___.573, 751
z
Zoning. (See Names of Counties and Cities)
HB 469--Zoning and planning ordinances in cities of 300,000 or more .._.___.._____._.......____.____.622, 764, 768, 827, 1218
HB 260--Zoning and planning ordinances in cities of 300,000 or more ......_......._,,___.....________.300, 382, 389, 463, 635
Part IV
HOUSE BILLS AND SENATE BILLS
HOUSE BILLS
REGULAR SESSION 1956
HB 1--Misdemeanor Prisoners; county authority ____.__.,,.__120, 134, 135 HB 2--Solicitation of Votes; certain distances ._.-_...-__..120, 133, 135, 194 HB 3--Fish; fresh water; sale of; prohibit .........._........-121, 132, 135, 258 HB 4--Engineering Advisory Board; create _........121, 133, 135, 475, 580 HB 5--Branch Banks; Drive-in facilities ........_____...121, 131, 135, 139, 761 HB 6--Solicitors; record of fees and comp. _________________________.121, 132, 135 HB 7--Stream Pollution; limit amount chemicals-121, 132, 136, 206, 889 HB 8--Teacher Retirement; compute years' service ......121, 133, 136, 207 HB 9--Teacher Retirement; service other States _...._.._.122, 133, 136, 207 HB 10--Barbers and
Beauticians .___.___..___.___________122, 133, 136, 208, 211, 226, 289, 874 HB 11--Birth Certificates; securing of ________________J.22, 132, 136, 208, 874 HB 12--Subversive Activities Act; amend ............__.122, 133, 136, 228, 521 HB 13--State Employees; minimum wage ...._._._..._._.....__.,122, 133, 136 HB 14--Bids, Contracts; Highway Dept. ......___...._122, 133, 137, 475, 580 HB 15--Employees Retirement System; service _____122, 133, 137, 250, 449 HB 16--Social Security; employees _......__....123, 133, 137, 244, 450, 479 HB 17--Corporations; chartering &
empowering -________-___................._...-_.-...-_123, 131, 137, 139, 219, 228 HB 18--Mixing Races; sports; dances; prohibit _._..___.__123, 133, 137, 1179 HB 19--Sound Mind; define __.__..____-______.........._....125, 134, 137, 530 HB 20--Arrests on Highways; U. S. Highways
in State _________.._.____..._......__.._..._..._.._......_.._..125, 132, 137, 909 HB 21--Cordele, City of; create new charter ..__._125, 172, 172, 186, 268 HB 22--Waynesboro, City of; amend charter ________125, 172, 172, 187, 268 HB 23--Byron, City of; extend corporate limits ___.__125, 172, 172, 187, 269 HB 24--Waynesboro; establish City Court of ______125, 171, 172, 187, 314 HB 25--Motor Vehicle Responsibility Act;
amend _.._.__._.___._.._____...._.__._._........__......126, 629, 631, 1097, 1404 HB 26--Camilla, City of; amend charter ._.___..........126, 171, 172, 187, 269 HB 27--Opticians; State Board of Dispensing;
create ..__-_____....._.............--~--_126, 162, 192, 317, 1323, 1332 HB 28--Cumberland Island Authority; create .................._......_......._..___.__.126 HB 29--Camden Parks & Roads Authority; ____________._.______.._--._______.____..__.... 126 HB 30--State Highway Board; contracts _...,,.___.__..__.--__________._.126 HB 31--Eggs; regulate marketing of ........_..._.._.,,.____...-.-.-._..._._.__126, 130 HB 32--Tignall; Town of; grant new charter ..._...126, 171, 172, 222, 482 HB 33--McDuffie Co., Terms of Superior Court ..._127, 171, 172, 188, 314 HB 34--Cartersville, City of; abolish Board of
Education ___________________________________.__________127, 154, 172, 188 HB 35--Statewide Probation System;
create _.........._.._.130, 154, 171, 193, 601, 603, 636, 726, 752, 754
1520
INDEX
HB 36--Motor Vehicles; registration of ownership ...----.--.-___...--.131, 155 HB 37--Children; abandonment a felony ___.____--.________-...._______.____.__.131 HB 38--Payette Co., Tax Commissioner .._..___155, 171, 173, 188, 314 HB 39--Habersham Co., Comm. Roads and
Revenue _...________..__...__..____.__________.155, 171, 173, 188, 874 HB 40--Marion County, Superior Court terms __155, 171, 173, 189, 314 HB 41--Rabun County, Tax Commissioner _,,,,__.155, 171, 173, 189, 314 HB 42--Clayton, City of; lease "Golf Course
Property" ._____.___.-____.___.________.___.___..___..__.._.__.156, 171, 173, 189, 314 HB 43--Members General Assembly; employment _--__-__----156, 241, 735 HB 44--Heard County, Commissioner Roads &
Revenue _.____._.,,__----,,___...-166, 171, 173, 189, 314 HB 45--Highway Traffic; removal of vehicles ._.,,.------__.----..__.---.......156 HB 46--Cigarette Tax Act; amend ......___-.-........-.-..-..-...-156, 766, 766 HB 47--Uniform Narcotic Act; amend .-.__.__.--..-..156, 219, 221, 258, 449 HB 48--Subpoenas; service of; registered mail ......156, 201, 203, 256, 521 HB 49--Interns; required to obtain license _.................._____________..........157 HB 50--School Tax; county-wide; increase
amounts _-....._._....----_...........________.__157, 171, 173, 190, 314 HB 51--State Officials; prohibit dealings .....___-.----._.___......_.._.._. 157 HB 52--Workmen's Compensation; remove limitation __..__..__._--_____157 HB 53--Life Expectancy; use Mortality Tables _.157, 202, 203, 229, 598 HB 54--Capital Felony; plea of guilty; recommend
mercy ___,,_,,_____.___.._._.__....._.____..__..........157, 516, 517, 1178, 1404 HB 55--MFP Education; funds, basis of attendance _....._._..._..158, 929 HB 56--State Purchasing Dept., lowest bids _______....._..__..._.--158 HB 57--Sales Tax Act; amend _..-.__----..----____.-_....___-158, 551 HB 58--Writ of Habeas Corpus; change return day ....__.__......._158, 353 HB 59--Arrested persons; arraignment
72 hours --.158, 201, 203, 228, 879, 1254, 1354, 1358, 1368, 1381 HB 60--Quail; pen-raised commercial purposes _._.._...._.........-.._____159 HB 61--Cigarette Tax Act; amend ...____.....__------. ..._..,,_159, 766, 766 HB 62--Eatonton, City of; amend charter ......__...159, 172, 173, 190, 315 HB 63--Georgetown, Town of; incorporate ._...__159, 171, 173, 190, 315 HR 64--Roberta, City of; create new charter ........159, 172, 173, 190, 315 HB 65--Pardon & Parole Board;
advisory staff .....-._._..---....160, 201, 203, 226, 1068, 1275, 1408 HB 66--Garnishment; amount wages exempt from _____--_...._._._ 160, 305 HB 67--Criminal Trials; defendant; testify _-._______....._-__......_.____...161, 201 HB 68--Cobb Co., planning system certain areas .--161, 171, 174, 190, 269 HB 69--Smyrna, City of; create new charter ......_.._!61, 171, 174, 191, 269 HB 70--Juvenile Court Act; amend; certain
counties _........______........._.._....-.....--___........161, 202, 203, 271, 482 HB 71--Abandonment; Bastardy; trials _..._....._._.....161, 305, 307, 845, 1136 HB 72--Probation Officers; appointment of ...161, 201, 203, 274, 482, 746 HB 73--Eastern Judicial Circuit; add 1 Judge ......161, 202, 203, 731, 1065 HB 74--Guardians; purchase of real estate ._._.--.....__162, 201, 203, 475 HB 75--Macon, City of; re-enact charter ..._....___.__166, 202, 204, 224, 427 HB 76--Macon, City of; re-enact charter ......._.._.....__166, 202, 204, 224, 427 HB 77--Political Campaigns; contributions ___________166, 202, 204, 475, 712 HB 78--Motor Vehicles; annual inspection _._..___._...__........_167, 220, 221, 437 HB 79--Game and Fish; revise laws _------._..______..._,,---- 167, 628
HB 80--Sales & Use Tax Act; amend _____________...167, 766, 1104, 1404
HB 81--Traverse Jurors; panels of twelve __.__.167, 202, 204, 287, 521
HB 82--Conditional Bills of Sale; recording of _______.___.__167, 201, 204, 288
INDEX
1521
HB 83--Civil Cases; tried by consent --------------167, 202, 204, 289, 560 HB 84--Grand Juries; require vote of 12 members ------168, 353, 353, 502 HB 85--Municipal Taxation; limitation of; repeal __----_------_____--...--168 HB 86--Atlanta Judicial Circuit; add two Judges -168, 202, 204, 732, 1065 HB 87--Juvenile Court Judge; cannot act
as attorney --------------------------.168, 201, 204, 280, 707, 732 HB 88--Criminal trials; defendant; examine, oath ---- -168, 202, 204, 228 HB 89--Banks; operate drive-in or sidewalk banks ----_.----------168, 478 HB 90--Obscene Matter; seizure of vehicles carrying _----....----------168 HB 91--Eggs; regulate marketing; class, size
& wt. ----------------------------......... ------169, 219, 221, 255, 427 HB 92--Atlanta Judicial Circuit;
trial assistants .------------------..-------..-169, 202, 205, 224, 483 HB 93--Albany, voting age .------------------..........169, 202, 205, 224, 483 HB 94--Albany, tax limitations by municipal
corporations .----......------------------169, 202, 205, 221, 225, 521 HB 95--Banks County; sheriff's
compensation --._.---------------------169, 240, 242, 276, 483, 537 HB 96--Hart County; Board of Finance ------------168, 240, 242, 276, 521 HB 97--Atlanta; Dept. of Parks;
improvements ......--------___.__--------___170, 305, 307, 354, 1280, 1303 HB 98--Clarkesville; new charter .....................183, 202, 205, 225, 426, 469 HB 99--Food and Drug Act; fishermen --------------------------------.183 HB 100--Livestock & poultry; sulfanilamide ...........184, 451, 453, 501, 704 HB 101--State Planning Commission; certain counties ...--------....... 184, 805 HB 102--Municipal & County Joint Planning Commission --------......184, 805 HB 103--Concentrated Commercial feeding stuffs --184, 303, 307, 492, 705 HB 104--Certified Seeds; plants ------------------------184, 219, 221, 257, 427 HB 105--Feeding of garbage to livestock; carcasses --------------------184 HB 106--Commercial feed and feeding stuffs ........--184, 451, 453, 494, 753 HB 107--Elections; hours in certain counties ............185, 240, 242, 276, 483 HB 108--Atlanta; lease; parks, playgrounds,
etc. ------------------------------------------...185, 305, 307, 355, 1317 HB 109--Colbert, City of; new charter ----------------185, 202, 205, 225, 427 HB 110--County Boards of Education condemn
property; Schools -----------....--------......-- 185, 383, 385, 488, 753 HB 111--Board Members; prohibit selling
to State .................--.--------------...186, 221, 221, 255, 601, 605 HR 112--Game and Fish Commission; salaries ----186, 480, 480, 526, 753 HB 113--Game and Fish Commission;
amend laws --------------.186, 480, 480, 741, 862, 1124, 1338, 1349 HB 114--Motor vehicles; size & weight
tolerance --------------------------..........186, 206, 241, 361, 560, 565
HB 115--Building & Loan Associations; branch office ------.........-------- .196
HB 116--Anti-Freeze; inspect and regulate substances ....196, 220, 250, 259
HB 117--Brake fluid; regulate manufacture of ........197, 220, 221, 281, 313
HB 118--Board of Workmen's Compensation; amend _._.__.__--------.._.___.__............_.._.................197, 475, 549, 611, 874
HB 119--Georgia Food Act; create ..__...........................197, 303, 307, 490, 753
HB 120--Americus, City of; create charter ----------197, 305, 307, 355, 559
HB 121--Georgia Boa'rd of Naturopatic Examiners; repeal _._..__._______------______----------------------197, 219, 222, 255, 521
HB 122--Veterinary surgeon; employment and compensation ----------------------....----197, 303, 501, 559, 753
1522
INDEX
HB 123--Columbus, City of; sell part of Bay
Avenue .--_-_--_-_.-..-__-.------_----_._.__....__--..197, 305, 307, 355
HB 124--DeKalb County, amend governing
authority _------_.__--------.------_----_. 198, 689, 761, 780, 1224, 1237
HB 125--McRae, amend charter .._...._...._......__.--------..198, 305, 307, 355, 559
HB 126--Webster County; terms of Superior Court -198, 240, 242, 276, 483
HB 127--State Board of Vocation Education;
subrogation .... _..__.._. ._.__.
_ ._____.. 198, 221, 222, 484, 874
HB 128--Vending stands in State buildings;
by blind ..._----------.------_....-- .____------_...___.198, 221, 222, 256, 449
HB 129--Milk Control Board; regulation of ----------------.---------- 198, 381
HB 130--Board of Education, school busses; funds, etc. _--------------------199
HB 131--Credit Unions; borrowing power, etc. ----200, 468, 628, 856, 1215
HB 132--Damages and compensation; subrogation ----_._....----..-- ----__._212
HB 133--Taxation; homestead residential lots ______--..------_.._.___212, 579, 581
HB 134--Liquors; prohibit advertisement .______...,,______ ..._------------__----____213
HB 135--Alcoholic beverages; employment where sold ----_________._--_______213
HB 136--Malt beverages; license and taxes _...____.___----___.__...______. _____._..._. ... 213
HB 137--Votes; solicitation of; certain
distance ____. _____________ ._______.--__,__----------.213, 382, 385, 455, 705
HB 138--Divorce; alimony; right to remarry ___._------.___..213, 353, 353, 439
HB 139--Revocation of charters; segregation --_.------___----____._.213, 581, 586
HB 140--Motor vehicle licenses; church organizations ______.._______ --213, 1134
HB 141--Restoration of sanity; lunacy
trials ___.-.------_.------,,_..__----_----______214, 304, 308, 497, 1224, 1241
HB 142--Commission to examine persons Milledgeville
State Hospital ._,,.._.--_----__________214, 304, 308, 497, 1225, 1241
HB 143--County officials; fee to salary, certain
counties __..----.______..------._. .._______...______..._._______214, 240, 242, 277, 521
HB 144--Macon, City of; re-enact charter _____....._.________..._.___214, 305, 308, 356
HB 145--Georgia State Warehouse Act;
change bond requirement __________________----_______214, 516, 518, 617, 918
HB 146--Burning woods; notice to Forest Ranger ____215, 352, 353, 428, 753
HB 147--Georgia Forestry Commission; lookout
towers _.------_.----__..._----.----__------_____------.215, 352, 353, 428, 753
HB 148--Setting wood fires; prohibit _._._,,....___.215, 352, 354, 428, 754, 1253
HB 149--Certified Public Weighers; amend _______..____.215, 303, 308, 436, 753
HB 150--Macon, City of; re-enact charter .. __________......215, 306, 308, 356, 559
HB 151--Macon, vest title in portion of Pine Street ..215, 549, 552, 590, 875
HB 152--Milledgeville; change corporate limits ----215, 541, 578, 636, 1215
HB 153--Milledgeville; change corporate limits ----216 541, 578, 639, 1215
HB 154--Milledgeville; change corporate limits .______,,_ .. 216, 541, 578, 154
HB 155--Dublin; City Court; amend Act creating __216, 384, 385, 456, 1400
HB 156--Milledgeville; zoning and planning with
county ,,._______---------- ----,,_.._____..._____.------216, 383, 385, 456, 875
HB 157--East Dublin, Town of; valuation on
property ________.. ___----. ------ ._.._________..--__----.216, 384, 386, 456, 1400
HB 158--Baldiwn County, zoning and planning with
city--..------------...-------------.--.216, 240, 242, 277, 559
HB 159--Hancock County Tax Commissioner .____.__...... 216, 240, 242, 277, 483
HB 160--City of West Point; amend charter .------ ..217, 305, 308, 356, 559
HB 161--Peace Officers, annuities and benefits _,,___----______--_._____,,--________217
HB 162--Monroe, City of; annex territory ._._____._._...._ ___.__. 217, 305, 308, 356
HB 163--Town of Rincon; amend act incorporating ..----._.__----._._ ______ 217
HB 164--Sales & Use Tax; exempt religious books ____,,..._____.--._ ._____._. _218
INDEX
1523
HB 165--Villa Rica, City of; extend City limits ........218, 305, 308, 356, 559
HB 166--Town of Fullerville; surrender charter ... .,218, 305, 308, 357, 559
HB 167--Massage Reg. Act; examination and reg.
persons ............___...
_.___.__.233, 451, 453, 742
HB 168--Northern Judicial Circuit; time of
meeting .______________.----_----....-.-.__________.,,_ ___233, 477, 580, 643, 918
HB 169--Municipal regulation of traffic ....._ ____.___..__.______.__________233, 580, 586
HB 170--Certified Public Weighers; amend act
_______ ......233, 516, 518
HB 171--Unmarried mothers; foster home care --..233, 548, 551, 615, 875
HB 172--Traffic on highways; Driving U/I ......... _...___._.__..______.____..____ 233
HB 173--Driver's license; revoke Driving U/I ____._..._..______...____________.__.____233
HB 174--Tax Receivers; places to receive returns ........... _________.234, 452, 453
HB 175--Tax Collector; places to collect __.__________________.__...__.__.___.____234, 452, 453
HB 176--Streets; certain in cities; State maintain _____________._____________,,. 234, 928
HB 177--Arrest bond certificates; auto clubs __________234, 385, 386, 613, 1136
HB 178--Dalton; levy taxes for public schools ________234, 305, 308, 357, 598
HB 179--Dalton; establish corporate limits ..............234, 306, 309, 357, 598
HB 180--Rockdale County; Tax Commissioner _.____._235, 269, 270, 312, 522
HB 181--Dublin; jurisdiction of City Court ________..__235, 384, 386, 456, 1401
HB 182--East Dublin, Town of; amend charter .....235, 383, 386, 457, 1401
HB 183--Marriage Licenses; issuance of ..235, 264, 352, 383, 440, 922, 1048
HB 184--Georgia Citizens Council; repeal _______________ 235, 306, 309, 431, 839
HB 185--State Treasurer; pay monies,
warrants _____________________________________ 235, 306, 309, 360, 707, 1246
HB 186--Fiscal Control Officer; create ________._...____ 235, 580, 586, 728, 731
HB 187--Dept. of Entomology; abolish ..._.__._.........__._________.._............______236, 517
HB 188--State Division of Confederate Pensions;
abolish ....._................................_.______._............___._______236, 306, 309, 432
HB 189--MFP for Education; funds for teachers,
principals ____..__..___.._......_.._._....._...____________.__.__ .236, 313, 629, 687, 859
HB 190--State Property; leases; Senate to ratify ..236, 581, 586, 744, 1136
HB 191--MFP for Education; establish school bus
routes _________________________________________ .__.._._.__..________236, 313, 629, 687, 859
HB 192--State Officials; fixing salaries,
expenses _______________________________________ .....237, 306, 309, 434, 840, 1245
HB 193--Laws & Journals; distribution to
counties .....................-__.__....._________._..______.237, 550, 552, 609, 879, 1245
HB 194--State Property in Chattanooga; leasing _.___.__....237, 550, 552, 1102
HB 195--Seeds; regulate labeling, sale, etc ________________237, 304, 309, 433, 754
HB 196--County Officers; report fees to Comptroller General ....__.___... ..-.238
HB 197--Nurses; registration fees for under
graduate ........................................................... 238, 451, 453, 534, 875
HB 198--Franklin County, Commissioner Roads; repeal ...._...___._____.__._..__....__..._._.......... ....238, 269, 270, 312, 922, 1051
HB 199--Colquitt County, create water districts ..._238, 270, 342, 707, 1252
HB 200--Brunswick, City of; amend charter ... 238, 306, 309, 357, 561, 565
HB 201--Newton County; abolish office of county treasurer -._..___.____________________._._...__...____.-......... .239, 269, 270, 312, 560
HB 202--Solicitor-General Retirement Fund; create __-.-...............______________.______..._______.._264, 270, 452, 454, 485, 754
HB 203--Admissibility of Evidence; search, etc. ______________264, 516, 518, 1095
HB 204--Justices of Peace; register of warrants __________ ___264, 516, 518, 1095
HB 205--Real Estate Licensing Law; state-wide .....____........ _....._..__........___.._...........264, 764, 766, 1088, 1385
1524
INDEX
HB 206--Writ of Habeas Corpus; change return day _____..___.________________..,.___________________.______________._265, 353, 354, 490, 1136
HB 207--Physical Examination; applicants state jobs _________ ________________._____________._.___._________265, 580, 586, 684, 1281, 1307
HB 208--Certified Public Weighers; tobacco and livestock _______________________________....._._________________.265, 451, 454, 681, 919
HB 209--Kingsland, City of; close certain alleys _________________._____________________,,_ 265, 306, 309, 358, 636, 1257
HB 210--Gainesville and Hall Co., joint planning comm. ________________ 265, 929 HB 211--Gwinnett Co., Bd. of County Comm. _....____ 265, 382, 386, 457, 633 HB 212--Gwinnett Co.; Comp. Sheriff,
Ordinary, etc. .._..___,,_.__.___.....___,,__...____.....____.____265, 382, 386, 457, 633 HB 213--Gwinnett Co.; Tax Commissioner __________ 266, 382, 386, 457, 633 HB 214--Town of Pineview, Wilcox Co.;
amend charter ________________________________ ______266, 306, 310, 358, 633 HB 215--Motor Vehicles Licenses; change fees ___________ 267 HB 216--Malt Beverages; manner of revoking licenses _____________________ 267 HB 217--Superior Court Emeritus; amend act creating ________ 294, 712, 714 HB 218--Malt Bev.; revoking of licenses for violation _,,_.,,.____._.,,___...____ 294 HB 219--Wine; amend act relating to mfg., sale, etc. __________________ 294 HB 220--Civil Cases; bills of exceptions as supersedeas _________________ 294, 693 HB 221--Superior Court Reporter Emeritus;
amend Act _________ _______.-....___.......-_-___._..__________________294, 816, 820, 1177 HB 222--Covington, City of; provide new charter ____294, 383, 386, 458, 633 HB 223--Town of Covington Mills; repeal _________ ______294, 384, 386, 458, 634 HB 224--Atkinson Co.; amend Act creating
Comm. Eds. _________________________________..________________._.294, 382, 387, 458, 634 HB 225--Dublin Judicial Circuit; amend
act creating _____________________ _______________________ 295, 382, 387, 459, 875 HB 226--Town of Pooler; amend charter _______________ .295, 384, 387, 459, 634 HB 227--Albany, City Court of; amend
Act establish. ___,______.__._____..._.____._....._____.._._________..__.__295, 382, 387, 459 HB 228--Richmond Co., Tax. Comm.;
create office .......______...______._...._.__._.._-.__. _ _____295, 382, 387, 459, 598 HB 229--Town of Pooler; amend charter ________________ 295, 383, 387, 459, 634 HB 230--Montgomery Co., Tax Commissioner __________295, 382, 387, 460, 634 HB 231--Savannah Civil Service System ________ _______295, 383, 387, 460, 599 HB 232--Lula, City of; grant charter ____. ______295, 384, 387, 460, 921, 1085 HB 233--Gainesville, City of; amend charter _______..____296, 384, 387, 460, 634 HB 234--Obscene Matter; inquiry into
offenses of __ _________________________________________ 296, 383, 388, 530, 919 HB 235--Drunkenness in Public-private residences _______._______-________..._____,,_ 296 HB 236--Bastardy Proceedings; repeal Act ___________._______,,,,__________.____._.. 296, 577 HB 237--Abandonment of children;
penalty for ___________ _________._________.________296, 383, 388, 1176, 1365, 1380 HB 238--Columbus, City of; amend charter ....._..___._296, 384, 388, 461, 634 HB 239--Attorney General; order Solicitor
to counsel _____________________________________ __297, 1065, 1135, 1171, 1406 HB 240--Hall Co., Comm. Roads & Rev.;
referendum ________________________________ _.______________297, 382, 388, 461, 634
HB 241--Confederate Soldiers' Home; dispose of ____________________ 297, 581, 587
HB 242--Camilla, City of; City Treasurer ________..._____297, 383, 388, 461, 634
HB 243--General Appropriations Act ________ 297, 541, 760, 787, 1256, 1268
HB 244--DeKalb Co.; joint planning commission _________________________________________ 297, 689, 761, 780, 1325, 1341
INDEX
1525
HB 245--DeKalb Co., Board of Ed.; districts ..__298, 689, 761, 780, 1136 HB 246--DeKalb Co.; salaries of elective
officials ________________---__--_-298, 689, 761, 781, 1280, 1302 HB 247--State Bar Exam.; qualification
of applicants _______________________-__298, 353, 354, 429, 476 HB 248--Election Precinct in Militia Dist.;
DeKalb ___________ __-_-_-____.______298, 382, 388, 461, 635 HB 249--Bills of sale; recording of __.___..__________298, 928, 1132 HB 250--Griffin, City of; close portion of street __298, 384, 388, 462, 705 HB 251--Spalding Co.; expense allow. Comm.
Eds. Rev. _...___________ --_____--_-_____298, 382, 388, 462, 703 HB 252--Griffin, City of; extend corporate limits ____299, 384, 389, 462, 704 HB 253--Voting Machines; certain counties ...___-299, 382, 389, 462, 875 HB 254--Voters' Registration Act; certain
counties ___________._____.._._._______299, 382, 389, 463, 635 HB 255--Domicile of Corporations;
Newspapers, etc. ..._._____._._._.__._____299, 452, 454, 569 HB 256--Atlanta; amend charter;
elections ______________________299, 764, 766, 825, 1225, 1248 HB 257--Property; Public Sales; places
for holding _________________________._._____299, 517, 518, 866, 1216 HB 258--Limited Access Highways;
certain cos. _______________________299, 382, 389, 463, 880, 1249 HB 259--Damage Suits; Municipal Corporations __300, 353, 354, 531, 877 HB 260--Zoning & Planning Ordinances;
certain cos. ____________________.__300, 382, 389, 463, 635 HB 261--Traffic; regulate within corporate limits _______.___300, 888, 889 HB 262--Forest Park, Town of;
amend charter _____ __________________,,__ 301, 384, 389, 463, 599 HB 263--Soft Drink Mfgrs.; licensing ____301, 516, 518, 616, 1138, 1164 HB 264--Troup Co., pension & Ret.
System; amend _.___,,_________________._________302, 382, 389, 464, 635 HB 265--Ga. Residential Home Bldrs. Comm. ______________302, 817, 820 HB 266--Insurance Cos.; abatement
gross premium ____________302, 580, 581, 676, 1281, 1306 HB 267--Common carriers; intrastate;
waiting rooms ________________._______302, 517, 518, 656, 919 HB 268--Intrastate travel; separate
waiting rooms __________________________________302, 385, 389, 658, 919 HB 269--Laborer's & Materialmen's liens ______302, 452, 454, 496, 754 HB 270--Motor Veh.; reg., remove prov. of liens ________________________________________ 302 HB 271--Common Carriers; passengers for hire __._._.__303, 385, 389, 659 HB 272--Eminent domain; counties, property _______--_.______303, 548, 552 HB 273--Dawson, City of; amend charter ______________303, 383, 390, 464, 635 HB 274--Motor Scooters; drivers' license __347, 451, 454, 850, 1394, 1397 HB 275--Gwinnett Co.; Bd. of Co. Comm. ______________________________________ 347 HB 276--Lumber; Measurement of _________________________________.347, 714 HB 277--Alcoholic Bev.; sale of; certain hours ______________________347, 352 HB 278--Firemen; pensions, State of Ga. _____347, 516, 519, 566, 1136 HB 279--Absentee voting; amend act _________________________________.___,,_______ 347 HB 280--Employment security law; amend ___________347, 475, 549 HB 281--Bd. of Ed., members; compensation ___.________________ 348
HB 282--Co. Bd. of Ed.; comp.; certain cos. ____348, 382, 391, 464, 1401
HB 283--State Medical College; hospital, indigent sick _________________________ 348
HB 284--Primary elections; nominations in _______...___________348, 392
1526
INDEX
HB 285--Miller Co., use of voting machines _____.___._.__348, 576, 582, 645, 919 HB 2Se--Game & Fish; revise laws _______._____.____________._348, 480, 481, 533, 754 HB 287--Mountain View, City of; incorporate ____.___349, 383, 390, 464, 704 HB 288--St. Marys, City of; amend charter ,,______349, 384, 390, 465, 635 HB 289--Douglas, City of; amend charter ___.____._______349, 384, 390, 465, 635 HB 290--Douglas, City of; amend charter ___________.___.349, 384, 391, 467, 635 HB 291--St. Mary's, City of; close
certain streets ..____._ ___________________._____________...__349, 384, 390, 465, 635 HB 292--St. Mary's Camden Co.; construct highway ___._,,_______,,._ 349 HB 293--Douglas, City of; amend charter __._____________349, 384, 390, 465, 635 HB 294--Bd. of Prof. Engrs. & Surveyors ___________350, 385, 390, 531, 919 HB 295--Cedartown, City of; amend charter ____.____350, 383, 390, 466, 599 HB 296--Cedartown, City of; amend charter ____________350, 383, 390, 466, 599 HB 297--Riverdale, City of; incorporate _._.____________350, 384, 390, 466, 599 HB 298--Bd. of Dental Examiners; amend act ___,,__ 350, 392, 451, 485, 636 HB 299--Insurance Cos.; retaliatory tax _._____.________350, 627, 817, 1122, 1406 HB 300--Macon, City of; closing of alley .___.__________350, 384, 391, 466, 599 HB 301--Schools; no funds for non-segregated _______._____.____351, 581, 587, 745 HB 302--Royston, City of; provide
type government ____________________________375, 550, 552, 590, 875 HB 303--Dougherty Co., Tax Rec. & Col.,
consolidate ___.________.._ ____._____._.___________________._.____376, 450, 454, 481, 875 HB 304--Albany, City of; amend charter ___________...____376, 550, 552, 591, 875 HB 305--Branch Banks; certain counties _____________________________________._3 76, 478 HB 306--Employees Ret. System; invest real estate ________________________376, 871 HB 307--Warner Robins; amend charter ___.______________376, 549, 552, 591, 875 HB 308--Warner Robins; amend charter ....._________376, 550, 552, 591, 876 HB 309--Common Carriers; windshields, track cars ......__376, 477, 711, 713 HB 310--Teachers' Ret. System; amend act _______.___.___.____.._.______.______...__377, 871 HB 311--Teachers' Ret. System; amend act ____________________-_..________________377, 871 HB 312--Chatsworth, City of; amend charter ..__.._377, 549, 552, 591, 876 HB 313--Fishing on Sunday; repeal
act prohibiting __.________________________.___._____.__377, 480, 481, 529, 562, 680 HB 314--Berkeley, City of; create ___.._________________...__.377, 550, 553, 591, 1317 HB 315--Alcoholic Bev.; sale of, certain hours ______,,________,,_,,____,,__________ 377 HB 316--College Park, City of;
amend charter _ _________________________..______379, 764, 766, 825, 1225, 1250 HB 317--College Park, City of;
amend charter _.__......___...._____....____....379, 764, 766, 826, 1225, 1251 HB 318--Griffin, City of; amend charter _____379, 478, 630, 720, 921, 1058 HB 319--Legal Majority, age of _,,_____________.__.,,,,.__.__ 379, 816, 820 HB 320--Motor Vehicles; security by owners ______..______________________380, 578, 582 HB 321--Union Co., Tax Comm.; amend act ______________380, 515, 519, 557, 876 HB 322--Drivers' Licenses;
suspension of ____________________ ______380, 451, 454, 504, 520, 1169, 1406 HB 323--Voting by mail; persons other
than military __..____________.____._.______________________443, 580, 587, 1114, 1406 HB 324--Define Employer & Employee; amend act _,,__.___.__,,____,,___ 443 HB 325--Glynn Co., Comm. Rds. & Rev.; amend ______444, 474, 515, 557, 876 HB 326--Peace Officers' Ann. & Ben. Fund; amend _____________......__ 444 HB 327--Ordinaries; provide retirement
benefits ___.._._._.._.__________444, 516, 519, 676, 1139, 1238 HB 328--Firearms; prohibit sale
persons under 16 __________________________444, 690, 762, 907, 909, 934, 1181 HB 329--Bainbridge; City Court; amend ____.___________..444, 549, 553, 592, 876
INDEX
1527
HB 330--Macon, City of; re-enact charter --------444, 549, 553, 592, 877 HB 331--Statesboro, City of; amend charter ------444, 508, 549, 592, 877 HB 332--College Park, City of; new charter __._----444, 550, 553, 592, 877 HB 333--Intangible Property Tax Act;
amend _________----.__-------____.----.446, 551, 553, 678, 1139, 1240 HB 334--Chief Deputy for Co. Officers;
Fulton Co. ------._._,,-..------__--.445, 515, 519, 557, 879, 1197, 1201 HB 335--St. Bd. of Veterans Serv.;
compensation ----___.___----____...___.._----.___445, 479, 818, 1045, 1324 HB 336--Peace officers; subsistence
allowance ._----------.----445, 551, 553, 678, 1216, 1244, 1247, 1248 HB 337--Prisoners; escape of, a felony __----____--_______________445, 816, 820 HB 338--Pistols; carrying without license _____.----___.__.______445, 762, 767 HB 339--Muscogee Co., fire protect, system .._..___--.446, 515, 519, 558, 877 HB 340--Fireworks; sale of;
county authority ___.._._,,_______446, 690, 711, 800, 825, 855, 1216 HB 341--Justice Courts; City of Atlanta --..446, 764, 767, 828, 1325, 1340 HB 342--Athens; give tract of land to U. S. ....446, 549, 553, 593, 688, 877 HB 343--Athens; Firemen's Pension system ____._.._446, 549, 553, 593, 877 HB 344--Athens, Town of; amend charter _____..____.446, 549, 553, 593, 877 HB 345--Bd. of Boiler Rules; regulations ----....--------...--446, 1071, 1075 HB 346--Ga. Rural Rds. Auth. Act.; amend _______--------___------__.... 447 HB 347--Athens, Town of; close street ......................447, 549, 554, 593, 877 HB 348--Judicial Circuits; Asst.
Sol. Gen. _..___._________________._447, 579, 582, 687, 713, 1044, 1281, 1303 HB 349--Manchester; amend act incorporating ----473, 549, 554, 596, 878 HB 350--Manchester; amend act incorporating _.._473, 549, 554, 596, 878 HB 351--Torts; parents responsible
for children's ___----____--------473. 579, 582, 678, 738, 921, 1304 HB 352--Adoption laws; amend .----........................473, 763, 767, 900, 1324 HB 353--Juvenile Courts; amend Act ----.._----__--.473, 548, 554, 746, 919 HB 354--St. Employees Ret. System; amend _...._------_..___________473, 817 HB 355--Surveyor & Laborers; compensation ..........473, 516, 519, 674, 878 HB 356--Camden Co.; create off. Asst. Sol. Gen. ......474, 515, 519, 558, 878 HB 357--Atlanta, City of; Municipal Court ----..474, 929, 1072, 1148, 1401 HB 358--Smyrna, City of; amend charter ________----474, 549, 554, 594, 878 HB 359--Sheriffs, delegate power, sales fi. fas. _,,-_________508, 582, 675 HB 360--Ailey, Town of; amend
act incorporating __._..__..__.------...._.--......508, 550, 554, 594, 878 HB 361--Co. Eds. of Ed.; compensation _________508, 629, 631, 793, 825, 859 HB 362--Mt. Vernon, Town of; amend charter ________508, 550, 554, 594, 878 HB 363--Optometry; definition of --------508, 548, 554, 1139, 1166, 1194 HB 364--Gainesville, City of; amend charter ______509, 550, 554, 594, 1215 HB 365--Sheriffs, delegate power, certain Cos. ----509, 575, 582, 646, 919 HB 366--Retirement System; certain teachers .----509, 577, 582, 655, 1216 HB 367--Floyd Co.; Bd. of Comm.
of Rds. & Rev. ______-__._______________509, 575, 582, 721, 1225, 1232 HB 368--Glascock Co., Tax Rec. & Col.;
Tax Comm. _________.........-.----.----___.509, 541, 575, 594, 839 HB 369--Floyd Co., Bd. of Ed., compensation .----509, 576, 583, 721, 1137 HB 370--Conyers, City of; amend
act incorporating .----...__________________--509, 549, 554, 595, 878 HB 371--Lowndes Co., use of voting machines ---- 510, 576, 583, 646, 919 HB 372--Fireworks; regulate sale, etc----____________--......--__-_510, 886 HB 373--Reidsville, City Court of; amend act ...----510, 576, 583, 646, 878
1528
INDEX
HE 374--Conyers; amend charter __...._____....___..._..__......510, 549, 555, 595, 878 HE 375--MFP of Ed.; funds; daily attendance ......__..._.-__.-.__510, 709, 714 HB 376--Ga. Post Mortem Exam. Act; amend _-__-__-____________._510, 548, 555 HE 377--Rome Judicial Circuit; Sol.
Gen. comp. ___,,________________._______510, 575, 583, 721, 1137 HB 378--Microfilm records; certain counties ......._.511, 576, 583, 647, 1217 HB 379--Clayton Judicial Circuit;
create .__._.,,___._.______________511, 689, 712, 733, 752, 785, 1066 HB 380--Albany, retirement of employees ....____...___..._511, 549, 555, 595, 878 HB 381--Dougherty Co., fire protection districts ..._511, 576, 583, 647, 1066 HB 382--Intangible Property Tax Act; amend ______511, 580, 587, 797, 1216 HB 383--Uniform Support Law;
enforcement -___..___..____.___..__..__......_..511, 813, 820, 1108, 1394, 1396 HB 384--Income tax law; liquidation
of Corp. __...._._..__....___.___511, 581, 583, 857, 1225, 1248, 1260, 1281 HB 385--Richmond Co., public school system __.---_.512, 576, 583, 647, 1066 HB 386--Attendance of witnesses;
fees, certain Cos. ..._____...___._...___.....__.._.__.....512, 576, 583, 647, 879 HB 387--Civil Cases; service on defendants _.._,,...__........____._...___......-__ 512 HB 388--School buses; prohibit unsafe _..,,..,,._..._..._.__,,___.,,__.512, 577, 584 HB 389--Firearms; prohibit discharge in zoned areas ____..__..._.___.....___ 512 HB 390--Floyd Co.; compensation for
county officers ....___...___....__......_.._.._......512, 575, 584, 721, 1137 HB 391--Lumpkin Co.; Superior Court; terms __..__513, 576, 584, 648, 1066 HB 392--Barrow Co.; create Bd. of
Comm. Rds. & Rev. ___.________.______.___.________.___513, 576, 584, 648, 920 HB 393--Drivers' License; issuance of
duplicate; fee .___.______._._____.________.__.__________513, 580, 587, 1058, 1324 HB 394--Absentee Voting; military members ____.__.513, 581, 587, 1114, 1406 HB 395--Statutes; construction of words used in ..._,___...._.___..._513, 813, 821 HB 396--Sandersville, City Court of; amend Act _..513, 549, 555, 595, 876 HB 397--Committees H. of Rep.; set own quorum ...._.___._-_.._.__..__.._ 513 HB 398--Deceased R. R. employees; wages to dependents ----___--,,__---_ 513 HB 399--Clayton Co., Comm. of Rds. &
Rev. 3 members ,,___,,,,____,,____,,,,___,,______514, 576, 584, 648, 920 HB 400--Clerks, Superior Courts;
record of sex criminals ___......--__...____..__.__..__-__515, 714, 1112, 1406 HB 401--Sylvester, City of; amend charter ___.._515, 549, 555, 596, 712, 876 HB 402--Intangible Property tax act; amend __.---___,,--______-_____--_,,_,,.,,_ 541 HB 403--Rincon; town of; amend act
incorporating ......_.___...._____....._._._...._......._....542, 578, 584, 650, 920 HB 404--Monroe, City of; amend charter ____._._._....642, 578, 584, 650, 876 HB 405--Ideal, Town of; amend act incorporating __.542, 578, 584, 650, 920
HB 406--Cairo, City of; amend act incorporating ____542, 578, 584, 651, 920
HB 407--Obscene Literature, abusive language _.__.___.____-______.____.____________542, 713, 714, 863, 1323, 1342
HB 408--Public Property, sale of; referendum __542, 630, 631, 865, 899
HB 409--License Plates; issuance to Military personnel ..--.542, 1134, 1140
HB 410--Douglas Co., create restricted zones ..___.543, 576, 584, 651, 920
HB 411--Lumpkin Co.; Tax Co. & Rec., office of Comm. ________________.____.____.____543, 576, 585, 651, 920
HB 412--Chattooga Co., Comm. Roads &
Revenue
.,,.._._..-.,,...--.- - __543, 576, 585, 722, 1317
HB 413--Chattooga Co., City Court, amend __543, 576, 585, 722, 1138, 1233
INDEX
1529
HB 414--Chattooga Co., Comm. Rds. &
Rev.; repeal ___________________________.____._______543, 576, 585, 722, 1280, 1303
HB 415--Hiram, Town of; amend
act incorporating ______-__-____.______________.-_-_-_-_-543, 578, 585, 651, 920
HB 416--State Dept of Veterans
Service; amend _____________________________-543, 750, 818, 864, 1137
HB 417--Savannah, City of; amend charter ___-__-544, 578, 585, 652, 920
HB 418--Fulton Co., Clerk Superior
Court; salary
.__------------------544, 761, 767, 826, 1217
HB 419--Fulton Co., Sheriff; fix salary _.--_--_--.544, 576, 585, 652, 1066
HB 420--Fulton Co., Judges &
Sol.-Gen.; retirement ________________________544, 576, 585, 652, 1068, 1251
HB 421--Comm. Rds. & Rev.; comp.,
certain Cos. ---- .___----------__-_----_____--544, 576, 585, 652, 1066
HB 422--Superior Court Clerks; duties; amend _.------------___---544, 816, 821, 1179, 1406
HB 423--Alcoholic Bev.; sold on State Prop.; prohibit _----_--__,,___________. 544 HB 424--Tax on Corporation; interest for default ____________._______545, 818, 821 HB 425--Clerk Sup. Cts.; furnish data on charters ____________________________________ 545 HB 426--Sales and Use Tax Act; amend ____________-_-_---546, 576, 586, 1110
HB 427--Solicitor Gen.; trial Asst.; certain Cos. ____._----------_______--_________---546, 575, 586, 653, 1066
HB 428--Employer and Employee; definition of ___-_____-____________________,,________ 546 HB 429--Jesup; deed to portion of an alley _.____--547, 578, 586, 653, 1066 HB 430--Traffic on Highways; driving U/I _------,,--------____547, 888, 889 HB 431--Assoc. Public Serv. Comm.;
comp. widow _______________________________________________________569, 750, 887, 1056 HB 432--Baxley, City of; amend charter _.______________570, 711, 714, 775, 1137 HB 433--Co. Supt. of Schools; powers,
duties, etc. ._____,,._,,__.__,,___._____._.___.__,,__.____.____----.570, 709, 714, 847, 1324 HB 434--Co. Supt. of Schools; removal
from office .__----------__----______._______----_570, 709, 715, 861, 1325 HB 435--MFP of Ed.; amend act creating __._______.___570, 710, 715, 1116, 1155 HB 436--Dept. of Labor; railroad employees --__----______----____._570, 711, 713 HB 437--MFP of Ed.; school tax digest ------_.____--------------------570, 710 HB 438--Extradition cases; Governor employ agent ________,,.______ 570, 713, 715 HB 439--Bd. of Ed. Members;
comp., certain Cos. __,,__________--------,,____._______571, 709, 715, 775, 1137 HB 440--Sumter Co., create restricted zones __._______571, 709, 715, 775, 1137 HB 441--Americus; City, promote St. of Ga. _______571, 711, 715, 776, 1137 HB 442--Real Property; reversion of title _____----------571, 712, 854, 1216 HB 443--Warm Air Heating; regulate,
certain Cos. ______.._____--------_,,----_______________--571, 709, 715, 776, 1138 HB 444--Auburn, Town of; amend charter _____.________571, 764, 767, 827, 1217 HB 445--Perry, City of; amend charter __________________572, 712, 715, 776, 1138 HB 446--Revenue Certificate Act; amend _--,,______________________________________---- 572 HB 447--Auto Dealers' Franchise; cancellation ______.________.______,,________________ 572
HB 448--Relief of Disabilities; amend act --------572, 763, 767, 902, 1325
HB 449--Divorces; granting; amend act __________--572, 813, 821, 903, 1325
HB 450--Traffic on Highways; revoke licenses __572, 694, 763, 867, 1404
HB 451--Warm Air Heating; regulate, certain Cos. _______________________________ 572
HB 452--Pulaski Co., Comm. of Rds. & Rev. ___----.573, 709, 716, 776, 1317
HB 453--Richland, City of; amend charter ___.__,,__._.573, 712, 716, 777, 1318
HB 454--Motor Vehicles; security of owners ___--_--------------_----_ 573
1530
INDEX
HB 455--Pipelines; intrastate
commerce ._____.-__-.....___-___._--_._..574, 630, 631, 731, 791, 1226, 1288
HB 456--Political Sub-Div.; financial aid; executions __.--_________..,,______._.._,, 574
HB 457--Sales & Use Tax Act; amend .._.__...__................_...___.574, 627, 818
HB 458--Decatur, City Court of;
repeal act ..___._.... .._____._.___-._____._._-...._620, 712, 716, 777, 1256, 1301
HB 459--Stone Mountain Circuit; add 1 Judge ____620, 712, 716, 1040, 1318
HB 460--DeKalb Co., Civil Court;
jurisdiction _.__.______...___...___._..____.________ 621, 712, 716, 777, 1256, 1296
HB 461--Decatur, City Court; amend
act creating _. .................__..__.._...._.___....._.._...621, 712, 716, 777, 1138
HB 462--Bailiffs, Special Criminal; certain Cos. _._.621, 712, 716, 777, 1138
HB 463--Avondale Estates; City of; amend _.______..621, 712, 716, 778, 1138
HB 464--Stone Mountain, City of;
amend charter .__..._._...___........_.._...._._.....___.__ 621, 711, 716, 778, 1138
HB 465--Dallas, City of; create
new charter __...___.... ._.....__._._._.___......_.621, 711, 716, 778, 1326, 1338
HB 466--Fitzgerald, City of; amend charter ........621, 712, 717, 778, 1218
HB 467--Professional licenses; fees for renewal ....622, 713, 717, 847, 1216
HB 468--Warm Air Heating; regulate;
certain Cos. ....._____....____._.....____....._..__._.._...622, 709, 717, 779, 1218
HB 469--Municipalities; zoning & planning;
certain population _._._______.____.________..___._____.__622, 764, 768, 827, 1218
HB 470--Northern Jud. Cir.; terms & time of meeting ..____...,,_...__... 622
HB 471--Southeast Georgia Gas Authority; create -_-__..._-_.,,._________ 622
HB 472--Registering, Tourists Cts., etc., true names _.,,,,_..,,..__.___ 622
HB 473--MPP of Ed.; election of
teachers, etc. ..._._........__......__......__622, 710, 717, 784, 824, 843, 1216
HB 474--Services obtained employees;
hospitals _-.-_......._._-....-.....-___._....-___......_.623, 693, 762, 912, 913, 934
HB 475--Veterans; furnish vital statistics ____...___623, 750, 818, 1113, 1407
HB 476--Commercial Fertilizers; amend act .__......_.-.....__......_..623, 811, 822
HB 477--Auto License Tags; disabled veterans ....._..____..._____....623, 750, 818
HB 478--Branch Banks; certain counties -_____-.-...___--..__.-.--._...---._._._._ 625
HB 479--Albany, City of; amend charter _,,.......__....._____....,,__._....___....._._..._ 625
HB 480--Jefferson, City Court; salaries
of Judge _....___........____.....____._...._.__.......__....._....625, 764, 768, 827, 1218
HB 481--Brooks Co. Bd. of Ed.; Amend, to Const. _.__________625, 708, 717, 914
HB 482--Advisory Comm.; State Parks;
repeal act
,, .___._...._.__.....____....._._____626, 815, 824, 1089, 1325
HB 483--Americus & Sumter Co.;
zoning and planning ...____... ___._.....__________..._627, 709, 717, 779, 1138
HB 484--State Toll Bridge Auth.
Act; amend .____. ______.. .._______..______..._627, 889, 889, 1034, 1086, 1092
HB 485--State Officials; certain; salary
allowances __.._.. ...______._..______....__._._._.__.__694, 765, 768, 848, 849, 1217
HB 486--Comm. of Agriculture;
salary of .__._..__._.__...._ .___.....____.694, 765, 768, 849, 850, 1224, 1234
HB 487--Claxton; City Court of; amend act creat. ._____....694, 762, 768, 827
HB 488--Winder, City of; amend charter ____,________694, 764, 768, 828, 1219
HB 489--Winder, City of; amend charter _____._____..__694, 764, 768, 828, 1219
HB 490--Clay Co., jurisdiction of ordinary __.______694, 762, 768, 828, 1217
HB 491--Fulton Co., pensions Co. employees _._.....695, 761, 769, 829, 1217
HB 492--Winder, City of; enlarge
corporate limits .....____-...._-...____......__....____.695, 764, 769, 829, 1217
INDEX
1531
HB 493--Game & Fish Comm; (Deer) amend laws __,,__-------...----~~---.695, 762, 769, 1127, 1128
HB 494--Augusta, City Council; sell land __________._____695, 764, 769, 830, 1219
HB 495--Budget; provide for; certain counties ^-695, 761, 769, 831, 1217 HB 496--Wheeler Co.; compensation of Sheriff ._._695, 761, 769, 831, 1218 HB 497--Franklin Springs, City of; amend act _--695, 764, 769, 831, 1218 HB 498--Wheeler Co., Tax Rec. & Col., Treas. ----.696, 762, 769, 832, 1218 HB 499--Rome, City of; amend charter ________________696, 764, 769, 832, 1219
HB 500--Rome; retirement City employees .--------.696, 764, 770, 832, 1219 HB 501--Director St. Bd. of Soc. Sec.;
salary of __________________________________________696, 751, 817, 1047, 1325
HB 502--Billiard Room Licenses; amend act ........696, 766, 770, 1159, 1404 HB 503--Unclaimed Laundry; sale of,
public outcry ____-_________.------__----_____....696, 816, 822, 1163, 1404
HB 504--Fulton Co., Superior Ct. Judges; salaries ____________________________--_.-___.696, 761, 770, 832, 1219
HB 505--Budget, Roads, provide; certain counties ......----_________,,----__.__.--_._.__.__-_697, 761, 770, 833, 1219
HB 506--Valdosta, City of; amend charter ----_____--697, 764, 770, 833, 1318 HB 507--Warm Air Heating;
regulate certain Cos. ____------.----_----__..697, 762, 770, 833, 1218 HB 508--Allentown, Town of; repeal act incorp. ___697, 764, 770, 833, 1218 HB 509--Allentown, Town of; establish charter ____697, 887, 889, 935, 1318 HB 510--Charlton Co., Comm. Rds. & Rev. .--------.697, 762, 770, 834, 1218 HB 511--Homestead exemption; from taxation --_______--.697, 766, 770, 1180 HB 512--Bremen; tax for educational purposes ....697, 764, 771, 834, 1220 HB 513--Whitesburg, Town of; amend charter ----698, 764, 771, 834, 1221 HB 514--Workmen's Comp., amend act ----___.....--.----------._........__698, 751 HB 515--Long Co., Ordinary; compensation ......__698, 762, 771, 835, 1219 HB 516--Sandersville, City of; amend charter ...--.698, 764, 771, 835, 1220 HB 517--Clarke Co., Atlanta-Athens Hwy.
Dist.; extend ______________________------..698, 762, 771, 835, 1220 HB 518--Lawrenceville, City of;
amend charter __..__.__________._____.__..__________..______698, 764, 771, 835, 1220 HB 519--Carroll Co., Comm. Rds. & Rev. ......_._.__...698 761, 771, 836, 1220 HB 520--Carrollton City Court; amend act .........__._699, 764, 771, 836, 1220 HB 521--Carrollton City Court; amend act __......_.....699, 764, 771, 836 HB 522--Carroll Co., officials; remove fee system ....._...__............__.___699, 928 HB 523--City of Atlanta; salary Judges
Grim. Ct. _--------------__....--------___.__----699, 764, 771, 836, 1221 HB 524--Spalding Co., Bd. Comm. Rds. & Rev. __699, 762, 772, 836, 1220 HB 525--Candidates, Gen. Assembly Co. or
State Primary ....699, 765, 772, 906, 1194, 1195, 1209, 1256, 1273 HB 526--Troup Co., Comm. Rds. & Rev. ________----.699, 761, 772, 837, 1221 HB 527--Moultrie, City of; extend
corporate limits __.___..._______.__________.______700, 764, 772, 837, 1280, 1305 HB 528--Acworth, Town of; amend charter _________700, 764, 772, 834, 1221 HB 529--State Property Ins. Fund; create _------------___700, 765, 772, 841 HB 530--List of owners of motor vehicles ________________________________700, 805, 1134 HB 531--Laws, Journals, dist. to courts __.__.._____.._____700, 765, 772, 844, 1216 HB 532--Gen. Tax Act; amend, rim-fire pistols --.702, 818, 822, 1043, 1320 HB 533--Meriwether Co., Bd. of Comm. comp. ..._....755, 812, 822, 894, 1318 HB 534--Pensions, Policemen;
certain cities ------_----------------__.755, 887, 889, 894, 940, 1318 HB 535--Atlanta, City of; sell certain property .--------.755, 806, 813, 1318
1532
INDEX
HB 536--Pensions, firemen; certain cities ________--755, 812, 822, 939, 1318 HB 537--County employees; pensions,
certain cities ______-_-.....-.-..,,..-.-.....--...............755, 812, 822, 939, 1318 HB 538--Warm Air Heating; regulate,
certain Cos. _,,. ,,__._.-.........___--....-.____-755, 812, 822, 894, 1401 HB 539--Helen, Town of; change
corporate limits .........--....-.-.-._._____.-.__.___756, 887, 890, 935, 1319 HB 540--Thunderbolt, Town of; amend charter ___..._756, 887, 890, 935, 1319 HB 541--Massage; prohibit practice of _____________________._________,,--_--756, 824 HB 542--Superior Court Reporter; emeritus __._.__.____...._.__.756, 1074, 1075 HB 543--Public Serv. Comm.; railroad employees _______.___-__756, 1073, 1075 HB 544--Fulton Co., Joint City-Co.,
tax assessors __________________,,.,,_.._____----_.756, 812, 823, 940, 1326, 1339 HB 545--Pensions; employees;
certain cities .....__.......................-.-.-.._.756, 887, 890, 940, 1280, 1305 HB 546--North West Point, City of; establish ___.__757, 887, 890, 935, 1319 HB 547--Southern Jud. Circuit;
camp. Judges ______.__.,,_........._...._._..___._____757, 804, 1071, 1106, 1401 HB 548--Baxley, City Court; amend act __...........757, 813, 823, 895, 1319 HB 549--Ga. State Literature Comm., amend __________.____757, 805, 888, 1191 HB 550--Pulton Co., Civil Service Bd. _,,___._..._...___._...757, 812, 823, 940 HB 551--Ware Co., primary for county officers ....757, 812, 823, 894, 1221 HB 552--Ga. Food, Drug & Cosmetic Act; create ......._.._--........._..._._ 757 HB 553--Hiawassee, City of; amend
act incorp. ,,.__........._.._______..______....758, 885, 893, 936, 1319 HB 554--Southern History; study in schools ._____....758, 885, 890, 1090 HB 555--Lumpkin Co., create restricted zones ........758, 812, 823, 895, 1221 HB 556--State Bar Exam., qualifications of applicants _____._._758, 885, 890 HB 557--Members Co. Bds. of Ed.;
compensation .._....____.,,._________.__.___758, 812, 823, 895, 1220 HB 558--Hogansville, City of; amend charter ......758, 887, 890, 937, 1319 HB 559--Members Co. Bds. of Ed.;
compensation -.___........_-....__.._______--___-_-__758, 812, 823, 895, 1220 HB 560--Dept. of Public Safety;
salaries, etc. ...._..._._..__..._.__.___............759, 813, 824, 907, 1320 HB 561--Juvenile Courts; create
system of ________._.___..______._____759, 816, 824, 1057, 1172, 1365, 1378 HB 562--Dept. of Public Safety;
amend act creating ..._____....___...,,_________.____759, 889, 892, 1119, 1405 HB 563--Teachers Ret. & Pension systems ___..._...-_-.-____.759, 889, 890 HB 564--Macon, City of; amend charter ______________760, 887, 890, 937, 1319 HB 565--Adrian, City of; amend act
incorporating _,,,,__,,________-___,,-____-_--_____.806, 930, 931, 1080, 1319 HB 566--Director of Public Safety;
certain Cos. ___._......._.__...______-806, 884, 890, 941, 1281, 1306 HB 567--Fulton Co., Ret. of Judges & Sol. Gen. ____806, 884, 891, 941, 1319 HB 568--Hoganville, City of;
amend charter ....__.___._____..._____..___..__.__..._806, 887, 891, 937, 1319 HB 569--Kite, Town of; amend act
incorporating ________.,,._.._..._.......-.-.-..__..._..806, 887, 891, 937, 1319 HB 570--Highway Dept.; construct roads, public streams ._____.._----__ 807 HB 571--Traveling Salesmen; municipal taxation ,,_______.807, 931, 932 HB 572--Traffic on Highways; alcohol tests __...._..._.._._.....___,,___..__. 807 HB 573--Wrightsville, City of; amend
act incorporating .._................................_._._.._._..._.__..807, 886, 891, 938
INDEX
1533
HB 574--State Depositories; amend act relating to _._.-_-.-..._--__-------807, 927 HB 575--Pine Lake, City of;
amend charter ________...._....-.______.._____________.______.807, 887, 891, 938, 1320 HB 576--Electricians; qualified, certain
counties ._..-..-...-.-..-.._----.__...-._._______________________807, 887, 891, 938, 1320 HB 577--Decatur, City Court; amend
act creating _________________________________808, 887, 892, 938, 1325, 1341 HB 578--DeKalb Co.; establish merit system _-...._808, 930, 932, 1081, 1401 HB 579--Recreational & Park property,
leasing, etc. ............_.-_....-...____..____808, 889, 891, 1089, 1281, 1283 HB 580--Natural Resources Dept.; amend
act creating ......._...___._______________.____808, 889, 891, 1090, 1321 HB 581--Malt Bev., employment persons under 18 ---__,,-_____,,--,,_-______._ 808 HB 582--Macon Co.; supplement fees
of Ordinary -..-_._.-...-.....-...-.....-.-__..__________.___809, 884, 891, 938, 1320 HB 583--Jury Duty; change age limit
for exemption ____________..__......_.................809, 886, 892, 1192 HB 584--St. School Bldg. Auth.;
training facilities _______._______..__________________.810, 885, 892, 1044, 1321 HB 585--Dept. of Public Safety; chauffeur license -....__.._..-...-.-._,,___.____,,_ 810 HB 586--Land Processioners; militia districts -_._.___-___.._______.810, 871, 1074 HB 587--County Officers Law Applicable;
certain Cos. ________________________._____________.______.__..810, 884, 892, 939, 1320 HB 588--Highway Dept.; authorizing painting of center lines __,,....,,..... 811 HB 589--Carroll Co.; Tax Comm. .___.-...-.._..._-_._-..880, 930, 932, 1081, 1401 HB 590--Buford, City Ct.; amend act
creating .._.__....-..__-___._.----_.-._.._880, 1071, 1076, 1141, 1402 HB 591--Thomas Co.; clerk, ordinary,
sheriff; salary __._____________________.___.____._.._.___.880, 930, 932, 1081, 1402 HB 592--Tax Comm.; compensation,
certain Cos. ........_._..._._____.___._____._______._____.___.880, 930, 932, 1082, 1402 HB 593--Legislative Economy Comm.; create _,,_______,,__,,_,,_,,__,,,,--,,_,,,,--______.._ 880 HB 594--Thomas Co.; tax comm.; create __........880, 930, 932, 1082, 1320 HB 595--Common Barratry; repeal act relating to ________.____.880, 1071, 1076 HB 596--Dog & Horse racing; provide for legal _._,,_...._....................... .881, 928 HB 597--Glascock Co.; Sheriff's
travel expenses .__.____.._.___.______________.____________881, 930, 932, 1082, 1320 HB 598--Ringgold, City of; amend charter _________._881, 931, 932, 1082, 1320 HB 599--Catoosa Co.; Bd. of Utilities Comm. _....._881, 930, 932, 1082, 1320 HB 600--Linwood, Town of; amend charter ..........881, 931, 933, 1083, 1402 HB 601--Revenue stamps; false, forged .._.._.....--.........881, 1075, 1076, 1157 HB 602--Conyers; City of, change corporate
limits .___... .....____._..____________.___._______..__________._____882, 931, 933, 1083, 1402 HB 603--Employee's Retirement System Act; amend --__.--.._.--.........__ 882
HB 604--Stephens Co.; Superior Ct.; terms of .._..882, 930, 933, 1083, 1402
HB 605--Fluid milk; sale, inspection, etc. ............882, 929, 1070, 1196, 1405
HB 606--Motor Veh. Safety Resp. Act; Driving U/I ..._..--....._....._882, 1134
HB 607--Public Safety Council; create .......___................882, 927, 1135, 1167
HB 608--Rev. Anticipation Certificates; provide val. ............_.._......_......_...__-__.....-.___.__.882, 930, 934, 1204
HB 609--Robbery, Crime of; amend act relating to _______.............883, 930, 933
HB 610--Macon, City of; pension system for empl. __.____.___________883, 931, 933, 1142, 1323, 1343, 1394
HB 611--Macon, City of; amend charter ..______.......884, 931, 933, 1084, 1402
1534
INDEX
HB 612--Macon Hosp. Comm.; anti-tubercular san. ..--_..-__-._........__.__.....884, 931, 933, 1083, 1402
HB 613--Macon, City of; close portion of street -__-884, 931, 933, 1084, 1403 HB 614--Macon, City of; re-enact charter ......__923, 1072, 1076, 1142, 1403 HB 615--Jesup, City of; amend charter _923, 1072, 1076, 1142, 1326, 1351 HB 616--Hapeville, City of;
amend act incorp. _.....__..__..._.....___.._..__...924, 1072, 1076, 1143, 1403 HB 617--DeKalb Co.; Civil Court;
jurisdiction .___....__......_.._.....___...._.._...._...924, 1069, 1076, 1143, 1403 HB 618--Lake City, City of;
amend act incorp. .._.___.._.___....._...._._.924, 1072, 1076, 1143, 1403 HB 619--Cherokee Co., Officials on
salary basis _.-_.__...-_..........-_......._...._._..924, 1069, 1077, 1143, 1403 HB 620--Stream Pollution; venue of action ___._________________- 924 HB 621--Macon Co.; Comm. of Rds. & Rev. ___924, 1069, 1077, 1144, 1403 HB 622--Macon, City of; re-enact charter .___..___.._..___-_._925, 1072, 1077 HB 623--Officers & employees; coverage ____--925, 1074, 1077, 1175, 1405 HB 624--Livestock, feeding of garbage;
regulate ._...._.__..__....__....__.____....____._._.925, 1070, 1077, 1166, 1407 HB 625--Warm Air Heating Equip.; regulate,
certain Cos. _.,,._.__.._..__... ..____..._......._1.925, 1069, 1077, 1144, 1403 HB 626--Group Life Ins. Policies; amt. of term ins. _____.______,,_____.__.___ 926
INDEX
1535
SENATE BILLS
REGULAR SESSION
1956
SB 1--Public Schools; closing of; provide for grants for ed. purposes __.____...____._____.______..___.__211, 225, 306, 310, 365
SB 2--State Property; closed to public; misdemeanor to enter upon ____________.___._.___________________._.___200, 205, 306, 310, 367
SB 3--School Property; leasing of for private educational purposes ______________.___-__--_.._-212, 226, 306, 310, 368
SB 4--State School Bldg. Auth.; amend; sublease property; schools ____________.____...212, 226, 306, 310, 369
SB 5--Parks, playgrounds, golf courses, etc.; sell, lease, grant, etc. _._....._..._._.200, 205, 306, 310, 487, 522, 536, 707, 727
SB 6--Teachers' Ret.; provide for admission in privately owned schools _________________________..____--.200, 206, 306, 310, 359
SB 7--Public Schools; funds for operation of; amend act __212, 226, 581 SB 8--Private Schools; prohibit operation of without
Certif., Fire Marshal ______________..___________.200, 206, 306, 310, 371 SB 9--Dept. of Commerce; compensation for Sec. &
Asst. Secretary _____________________________________________ .200, 206, 306, 311, 499 SB 12--Baldwin Co.; provide for Commissioner
Districts .._.________________________________-268, 278, 928, 1213, 1228 SB 13--Divorce Cases; change amount of
deposit costs ____________________._.._.____._______268, 278, 353, 354, 538, 1352 SB 14--Insurance Companies; Accident & Sickness;
regulations of ________ ___._____________250, 259, 577, 589, 1257, 1310, 1326 SB 15--Coal, Coke & Charcoal; regulate sale of __.315, 316, 765, 774, 1383 SB 16--Chiropody; regulate practice of __....__._______268, 278, 451, 455, 739 SB 17--Clerks of Superior Courts;
fees of ____.__________...________.__.._._______.268, 278, 383, 1065, 1133, 1140 SB 18--Children; taking indecent liberties with;
crime of ___._ _...______...._____..._.__.___..........._....__.__._._..__. 632, 655, 1227, 1289 SB 19--Farmer's Markets; Comm. of Agri. to establish;
sale of cull produce ____250, 259, 450, 455, 497, 522, 537, 754, 852 SB 20--Pen Raised Quail; sale of
commercially ___________________.__________._._.___.,, ______... 250, 259, 270, 318, 450 SB 21--Savannah, City of; holding of
primary elections __.__.._.____._________________________._.268, 278, 306, 311, 358 SB 22--Hog Cholera; storage and shipment of virus;
interstate shipping __________.__._._.._____________.___.___ 250, 259, 450, 455, 501 SB 24--Livestock; feeding of garbage and
rendering of carcasses ____________..___._..________._. 250, 260, 303, 311, 491 SB 25--Adoption Laws; revise; one conformed copy;
provide for cost ______..__..____________________________________________268, 278, 353, 354 SB 26--Farmer's Markets; Commissioner of Agriculture;
contracts for leasing of space __._________.___426, 467, 516, 519, 613 SB 27--Meat, Fish and Poultry; sale of by
net weight only .______.______.__._____.___._______.___316, 317, 451, 455, 499 SB 28--Savannah, City of; Recorder of Police Court;
term of .____-__.___.__.._.__..____._______.____._______.268, 278, 306, 311, 358 SB 29--Savannah, City of; Registration of Voters; time of
municipal elections ___________________.___._..268, 278, 306, 311, 359
1536
INDEX
SB 30--Banks; Holding Companies; prohibit owning, holding, etc.; more than 15% .316, 317, 761, 773, 1282, 1282, 1326, 1330
SB 31--Municipal Home Rule; provide for .._.__......-__-__426, 467, 474, 816, 1264, 1271, 1315, 1332
SB 32--Meat, Poultry, dairy processing plants; sanitary conditions ___..______..___597, 601, 763, 774, 1278, 1296, 1308
SB 33--Continuance of cases; Attorney General counsel of; aiding business of General Assembly _._._...316, 317, 765, 774, 1368
SB 35--State Board of Corrections; prisons and prisoners; revise laws -__,,__,,-___________________,,___________,,_....._.__...._.____569, 713, 1262
SB 36--Employees' Retirement System Act; years of creditable service ______._______.___426, 467, 558, 561, 1075, 1079, 1375
SB 37--Building and Loan Act; amend ._.__.....____...448, 467, 628, 631, 1376 SB 38--Larceny or theft; concealment of unpurchased
goods; misdemeanor ...______.._-___..._.___......_......_..316, 317, 1228, 1289 SB 40--Workmen's Compensation Law; provide
certain provisions ....___.._...._____......__597, 601, 693, 1071, 1092, 1254 SB 41--Burke County; Incorporate Baptist Church
at Buck Head _____....-._.__.......________.-...__...____-..._.483, 484, 709, 719, 779 SB 42--Registered Mail; define as including
certified mail ___________________.____,,_________________,,...____....._.316, 317, 579, 589 SB 43--Georgia Ind. Loan Act; approve Executive order
suspending tax levied _._.__--._.__._--__.__,,...._.___...316, 317, 453, 455, 490 SB 44--Throwing of Trash on Public roads; amend
act prohibiting _.._______...__.___..._____....___448, 468, 814, 819, 1086, 1279 SB 45--Vehicles Parked on Highways; limited
No. of hours ___....___.-.....____.._-___-...-_._-..._-__..597, 601, 763, 774, 1317 SB 46--Brake Fluid; regulate sale of _......____.520, 523, 578, 589, 659, 755 SB 47--Compound Drugs; prohibit sale of by
vending machines .______...._.__._.,,. _____._-.-.__.___-..._449, 468, 548, 556, 1384 SB 48--Teacher's Retirement System; amend act
establishing _.......____..__.__._..._..___....__........___.752, 781, 885, 893, 1387 SB 49--Peace Officers annuities and benefits; amend
act providing revenue _________..______._______._._.598, 602, 926, 1075, 1262 SB 50--Livestock Disease Control Board;
create ..._..._._...__.__-...____-____...._-__....._426, 467, 575, 589, 736, 751, 879 SB 51--Moultrie, City of; amend charter; water, sewer and
electric lights .___....____.,,,,_________ ______________1139, 1149, 1227, 1289, 1289 SB 52--Consolidated schools; must have vote of people in
County to consolidate ..____.. _.________....._._...___.838, 840, 885, 893, 1274 SB 53--Ware County, Board of Commissioners of Roads
and Revenue; create _____...._______...______.....______...____._.._..____._...--597, 602 SB 54--Judge of Superior Court Emeritus; age and
service qualifications .._.__.___..-...___..._...._____--.632, 655, 712, 719, 1258 SB 56--Insurance Cos., acquire real property;
renting of same ........._____.......___._....._____._....__..__-....___449, 468, 577, 589 SB 57--Ware Co., Sheriff, Clerk of Superior Court, and
Ordinary on salary system _.,,....._______--_.__.--__-_---...--_.--.....__-597, 602
SB 58--Insurance Commissioner; approval of policies
of insurance
.
--
921, 942, 1155, 1214, 1364
SB 59--Dalton; City of; create new charter ___________482, 484, 550, 556, 596
SB 60--State, County or Municipal Corporation; performance bond ________,,______.._____._,,_--_-___.__598, 602, 763, 774, 1360
SB 61--Liens; establish in favor of subcontractors and mechanics .____________.______._____--__.-...__--__632, 655, 763, 774, 1355
INDEX
1537
SB 63--Budget Bureau; advisory budget committee of members of General Assembly ____________________________ ___________.____632, 655
SB 65--Voters Registration Act; amend; provide for places of registration __________482, 484, 549, 557, 597, 615, 654, 879, 1343
SB 68--Elections; regulate time and manner of qualifications of candidates .__------_--__._..----_._..._____-___482, 484, 764, 774, 837
SB 71--Fees paid to State Depts. or Agencies, except to schools go into State Treasurer ______________633, 655, 1075, 1079, 1308
SB 75--Newspapers; magazines, etc.; fix domicile of corporations _._.__. ---- .___.._________._________----483, 484, 517, 520, 562, 564
SB 76--Dawson, City of; amend charter _____._______--_-_520, 523, 578, 589, 653 SB 77--Warm Air Heating equipment; regulate
installation _____.__._.._,,__.,,_.____________________703, 703, 725, 1069, 1080, 1144 SB 78--Unemployment Compensation law;
amend _____________.__ _ _____._._._.____________._____________600, 602, 629, 631, 1327 SB 80--State Board of Health, compensation of members;
amend _____________._.________._________.._________________.___.___________.918, 941, 1214, 1226 SB 81--Judicial Action; declare void; defendant is State
Official; notice to Attorney General --...633, 655, 765, 774, 1369 SB 82--Chatham County; create a civil service
system .___.__.._______._.....__.........________________________.___482, 484, 575, 590, 653 SB 84--Dougherty Judicial Circuit; create _.._________________871, 896, 928, 1074 SB 85--Colquitt County; consolidate Tax Rec. & Col.
into Tax Commissioners Office ___________________ 558, 561, 709, 719, 781 SB 86--Commissioner of Roads and Revenues; pay commissions
to Board of Education; certain Counties ___.558, 561, 709, 719, 838 SB 87--Joint City-County Board of Tax Assessors;
compensation; certain Counties ____________________558, 562, 709, 719, 779 SB 88--Workmen's Compensation, provide for hearings
on disagreements ____......_..._.----_______________918, 941, 1065, 1214, 1315 SB 89--Land Processioners; residence requirements and
qualifications of __________________________ __.._____________703, 724, 813, 819, 1358 SB 90--Photostatic equipment; authorize Clerk of Superior
Court and Ordinary to install _______________ ______..._839, 840, 1075, 1080 SB 91--Atlanta; City of; amend charter ____------.559, 562, 764, 775, 838 SB 92--Dublin, City of; amend charter ____560, 562, 1064, 1134* 1146, 1282 SB 95--Chattahoochee Circuit; one additional
Judge _._----_______.______-.----___.___________._--------.703, 723, 751, 885, 1263
SB 96--Individual Sureties; regulate business of other than life, hospital, etc. _________._______._.______________703, 726, 750, 886, 1354
SB 97--Registration of securities held by corporate fiduciary __..__...__._.__.----___----..--------703, 726, 929, 1132
SB 98--Georgia Military Reorganization Act; amend; change State Flag .._...___._ _________ ___..__________________598, 602, 710, 719, 856
SB 99--Insurance; net profits, participations by policy holders __.___.._.._.._____----_______.872, 897, 1133, 1155, 1388, 1390
SB 100--Excess Insurance Agents Law; amend; filing of affidavits _-__.._------______--------------872, 897, 1133, 1156
SB 101--Georgia Board of Landscape Architects; create ___________________________________________._752, 781, 811, 819, 1392
SB 104--Tourist Courts; repeal act requiring registration of guests under true name ____,,_.___,,_____,,___________._.._.._ ___ _703, 725, 819, 1261
SB 105--Warm Air heating equipment; regulation of ___.._____ ___________._._._...... _.__.____706, 725, 1069, 1080, 1144
1538
INDEX
SB 107--Georgia Training School; transfer patients to Milledgeville State Hospital _____-_______.._.921, 942, 1213, 1226, 1308
SB 108--Departments of State Government; prohibit spending funds for other than things allotted for..921, 943, 1214, 1216, 1309
SB 109--Farmer's Markets; Commissioner of Agriculture to evaluate .._......___.._____.__...__.......____._......_706, 725, 811, 812, 819, 1309
SB 110--State Board of Corrections; transfer prisoners to Milledgeville State Hospital .___.-._..._..872, 897, 1213, 1226, 1309
SB 111--Guardians and wards; amend section relating to ..__-.__.._._....._..._.__.___......_.....__._..__....._706, 725, 1064, 1132
SB 112--Administrators; sales and convenances by; amend act ._______._.____._ .._____......____._.._...._......._.....706, 723, 1064, 1132
SB 113--Wills; administration of estates; amend code .....__.,,._.__.....,,..._____....._.__...._...____. ..___..706, 723, 1064, 1132
SB 114--Ordinary; Court of; issue fi. fas. .___.______.__..___706, 723, 1064, 1132 SB 115--Adjudication of persons; provide for identity;
laws of descent -.-....__..-.-_____._-.__.__...__...._.....__._.705, 724, 1064, 1132 SB 116--Testamentary Guardians; appointment; bond
and dismissal of ,,.....___ .......... .705, 724, 1064, 1132 SB 117--Creditors; notice to; advertisement
requirement __,,.,,____....,,_..__....._____.....__._..._._........_..705, 724, 1064, 1132 SB 118--City Courts; abolish in certain Counties, jurisdiction
with Superior Courts .......__.._.. .._._.-_.____._.._705, 724, 927, 1069, 1145 SB 119--Ambulance Service, contracts for; health and
accident insurance contracts _.__._____._______872, 897, 1132, 1140, 1365 SB 120--Auto License Tags; furnish to disabled
veterans _........___.,,.. ...__._..839, 841, 888, 893, 1278, 1296, 1314, 1327 SB 121--Colquitt County; Board of Commissioners;
amend act creating _._._,,_.. ..705, 724, 762, 775, 838 SB 122--City of Columbus; amend charter __._......___._753, 781, 814, 819, 896 SB 123--Atlanta, City Court of; amend
act _.....-...___-__-_...._-_.___. .._.____._....__-__..._._872, 897, 1072, 1080, 1228, 1324 SB 124--City of Atlanta; amend charter; Mayor's
salary ......_____.__._._.______..______.._____.._..._.._....._872, 897, 1072, 1080, 1145 SB 125--Livestock; regulate sale of at
auction _.......__._.....__..........._._.....,,.._....____.....___872, 898, 929, 934, 1377 SB 126--Motor Fuel Tax Law; amend ..._.._.....___......_____..873, 898, 1141, 1215 SB 127--Commissioner Roads and Revenues; funds to Board of
Education; certain counties __._...._.____.....___.873, 898, 930, 934, 1084 SB 129--Piedmont Judicial Circuit; Court reporter;
fee to salary basis ___.._.-_______-...______...____.___873, 898, 1074, 1080, 1145 SB 131--Irwin County; Commissioner Roads and Revenue;
amend act creating ...____.._.___._...._._.__.....___...._873, 898, 930, 934, 1084
SB 132--Newnan, City Court of; amend act creating ,,__........_____.....______....___.......___._.....___......__839, 840, 887, 893, 939
SB 133--Department of Public Safety; change duties of State Patrol ___..-.-...._._-_-...-.-____....-.._......._._...____...-839, 840, 926, 1214, 1309
SB 135--Non-resident real estate brokers; amend act ___....___.._.........__......__......__-.......__873, 898, 1214, 1226, 1391
SB 136--Employees of Hospitals and Institutions; receive goods and services ...___._....__.......___.918, 942, 1070, 1078, 1267, 1282
SB 137--Dublin, City of; amend charter _..______.918, 942, 1064, 1134, 1146
SB 138--Laurens; County; Ordinary's salary ....918, 942, 1069, 1078, 1145
SB 139--Debt Adjusting; define, etc. ..._..._-__......._873, 898, 1063, 1214, 1389
INDEX
1539
SB 140--Colquitt County, salary of Sheriff, Clerk Superior Court, Ordinary _________...____._________._..873, 899, 927, 1069, 1146, 1282
SB 141--Atlanta, City of; amend charter; Comptroller for Board of Education ..__._..._________.....874, 899, 1072, 1078, 1290, 1324
SB 142--Pensions to Officers and employees for 20 years' service; certain cities ___._______..._______......___..873, 899, 1072, 1079, 1147
SB 144--Savannah District Authority; implement provisions in Constitution ....._.......__.___.._........._._........_874, 899, 1069, 1079, 1147
SB 148--Malt Beverages; license and excise taxes on business of dealing in __._..,,______________________,,__,,_-.__._____.--.._.._.._.--.....1228
SB 149--Jenkins County; Tax Comm.; amend act creating office of __.....,,.............................__._______.........918, 942, 1069, 1079, 1148
SB 150--Department of Public Health; local registrar; certain counties _....-.__________..________ 922, 943, 1069, 1079, 1148
SB 151--Common Carriers of passengers; female passengers .___._ ______________________ 922, 943, 1063, 1063, 1134
SB 152--Department of Public Safety; amend act; define duties and powers ._..,,........._._______..___.........922, 943, 1063, 1135, 1366
SB 153--Peace Officers; revenue for paying annuities to _....___._.._..........._-_.__....._.._.... 923, 943, 1063, 1135, 1373
SB 155--Persons riding in State Patrol car; waives claims for injury if not on duty _._........_......______..-...-......918, 942, 1133, 1140
SB 156--State Office Bldg. Authority; officials and employees members of Employment Retirement System __-....._____._---....-._._._____--....-918, 942, 1075, 1079, 1263
SB 158--Dealers in Agricultural Products; provide for licensing and bonding of _._..._.__......_..____922, 943, 1070, 1079, 1315
SB 159--Joint City-County Board of Tax Assessors; certain counties -...-_........._.___.__._.1068, 1086, 1213, 1226, 1295, 1327
SB 160--Pulpwood; loads of to be chained with not less than two chains ...._..__.._.........._..________..._.-.............922, 944, 1070, 1079
SB 161--Dentists; amend act relating to licensing of certain ____.__............_.._.___._________--_..........-1068, 1086, 1133, 1140, 1260
SB 163--Public Health; Director of; provide for compensation; amend act _._..._______.-.._.-............ 1139, 1150, 1214, 1227
SB 164--General Cemetery Act; create ............_-...___._____--_.1068, 1086, 1141 SB 165--Cherokee County; place certain officers of salary
basis in lieu of fee _______........_....._.._.____.._1139, 1149, 1213, 1226, 1295 SB 166--Lexington, City Court of; amend act
establishing ......................_...._......_________.1139, 1150, 1213, 1227, 1296
Part V
HOUSE RESOLUTIONS
REGULAR SESSION
1956
HR 1--Notify Senate House convened ,,,,__,,__________________-___________116 HR 2--Notify Governor House convened _....________--___________116, 127 HR 3--Rules of 1955 session adopted for '56 ____.____________________._____117 HR 4--Attaches of House; compensation ____,,--_._____________________--117 HR 5--Joint Session; message Governor _______________.____________117, 128 HR 6--Rules; electrical roll-call system _____..._____--_____--___--____117, 140 HR 7--Joint session; highway members ____----_--_----,,--__--___--119, 128 HR 8--Joint session; highway members ___________________-___________119, 128 HR 9--Congress; cotton acreage _______________________._...___120, 536 HR l-18a--Property; certain surplus; Fat Baker chair ..123, 134, 137, 685 HR 2-18b--Public Utilities; committee to
investigate _____..___._..___.__._________.______123, 133, 138, 155, 580 HR 3-18c--Horace Evans, ST.; compensate ________123, 241, 242, 279, 707 HR 4-18d--James Franklin Chance; compensate _____________.___________124 HR 5-18e--Insurance; School Buildings _________,,__________.__________124, 134 HR 6-18f-- Miles V. Golden; compensate _________________124, 817, 818, 1107 HR 7-18g--Thulia Lindsley, compensate ____._____________124, 579, 587, 1115 HR 8-18h--Ed Fountain; compensate ____________..._________.124, 579 HR 9-18i--Clerk and Sheriff Superior Court; Baldwin
County; compensate _______________________.124, 135, 138, 279, 315 HR 10-18J--Middle Ga. Bottling Co.; compensate ______________________.124 HR ll-18k--Felton Smallwood, compensate ______-_.__.125, 241, 242, 280, 707 HR 12-33a--State property; Camden County;
convey _______________________________________..127, 550, 555, 671, 920 HR 13-33b--Okefenokee Rural Electric Corporation;
easement _______.____________________-___._______m, 550, 555, 672, 876 HR 14-37a--Justice of Peace; Judgments __._.____._____________._____131, 575 HR 15--Hon. A. Cullen Richardson; speedy recovery _____________140, 176 HR 16-64a--Cherokee County; school merger _______159, 240, 242, 393, 599 HR 17-64b--Cherokee County; School Superintendent;
abolish ,,___.....___ ._,,_. . .__.___._-___.-____159, 240, 243, 398, 599 HR 18-64c--Dr. Lester Neville Bridge ___..________159, 305, 311, 487, 1136 HR 19-64d--Carlton Coleman and Mrs. Evelyn Thomas;
compensate ____...___..._____.._______.._____.__.160, 480, 481, 526, 839 HR 20-64e--Cordele; school system merger _.________160, 240, 243, 400, 599 HR 21-64f--Heard County; Board of Education;
election ___._________._____________________160, 240, 243, 405, 600 HR 22-64g--Cobb County sidewalks _...___________.____.160, 240, 243, 408, 1066 HR 23--Hon. E. M. Walker; sympathy family of ____________________._____162 HR 24--C. G. Kirkland Bridge; designate ____._____________________.____163 HR 25--Hon. Dale Stone; designate State Organist ._____________..__.___163
INDEX
1541
HR HR HR
HR HR HR HR
HR *HR
HR
HR HR HR HR
HR
HR
HR
HR HR HR
HR HR HR HR HR HR
HR HR HR
HR HR HR
HR HR
HR HR *HR
HR HR
26--Tom Clemmons; designate bridge _____________.___164 27--Hon. John P. Drinkard; speedy recovery ________._.______ 164 28-96a--Dougherty County; street paving
assessment __________~____-____169, 240, 243, 410, 600, 819 29-96b--Dr. John Mooney; compensate ______..__170, 815, 1052, 1321 30-96c--Rockdale County; law books _____.170, 220, 222, 244, 482 31-96d--Duncan Shannon Bridge; designate _______________________._._.170 32-96e--Supreme Court & Court of Appeals; Juvenile
Courts; jurisdiction ___.._____________170, 304, 311, 523, 1136 33-96f--Dougherty County; building permits ....170, 239, 243, 412, 600 34--Agriculture research committee;
create __..._.______._._.____,.______________.__._____________174, 1075, 1077, 1338 35--Hon. James Davis and Hon. John Flynt;
address joint session __,,_,,_____..___.___.___._____..______.__174, 201 36--Congress; disposal surplus agricultural commodities ___175, 426 37--Congress; Federal aid for education ________176, 580, 590, 914, 1066 38--Carol Cox; Emissary of Georgia ________.________.___176 39-109a--Fountain's Dry Cleaners & Laundry, Inc.;
compensate ___..__.__._.____._____.185, 1073, 1077, 1195, 1405 40-109b--Mark Fitzpatrick--Jim Duncan Bridge;
designate .,,____________________.___._______________185, 710, 717, 801 41-110a--Albany; City levy one mill tax; new
industries ....___.__..._....,,_...__..__.__185, 240, 243, 415, 600 42-110b--Dougherty County; levy one mill tax on
property __.._.____._.....____________186, 240, 243, 418, 600 43--Chapel for members General Assembly ____._...__..........191, 212 44--National Junior Chamber of Commerce Week _______.192, 212 45-129a--Judge I. Homer Sutton Bridge;
designate ....___.________...______199, 305, 311, 437, 876 46-129b--W. W. Armistead; compensate ___.199, 480, 481, 527, 839 47-129c--Elective Officers, salaries ______199, 575, 587, 1189, 1405 48-129d--Amended Tax Returns ._..____...__.199, 385, 392, 496, 876 49-130a--Franklin County; law books _____...199, 220, 222, 244, 482 50-130b--Polk County; School Superintendent __-240, 244, 420, 600 51--Censure Attorney General Brownwell and F.B.I.,
Cobb County ...._.__,,_._.--......._.__--_..__________________207, 560 52-163a--Clarke County; law books ._._____.217, 578, 588, 643, 921 53-163b--Douglas County; law books _________217, 579, 588, 643, 921 54-163C--A. C. and Mamie Bennett;
compensate _____________________217, 241, 244, 280, 707 55-163d--E. A. Windham; compensate __.....____________._________217 56-163d--Ralph Cleveland, compensate ____218, 631, 632, 1053, 1321 57-163f--Harrell Highway;
designation ____________.-.___.____.______._218, 305, 312, 503, 1139, 1240 58-163g--Leon Lewis, compensate ___.._____218, 579, 588, 796, 1321 59-163h--Glynn County; Board Education, homestead
tax ________________________________________.218, 304, 312, 423, 704 60-163i--State land, authority to sell ___.______.218, 479, 517, 526, 877 61--Joe Burton; wish speedy recovery ________________________________ 229, 269 62--Committee study problems legislators
other states ___________.-.._.-._____.........___230, 306, 311, 343, 601, 607 63--Steve Bodenhamer, wish speedy recovery ...___________.____.__________-____237 64-194a--Constitution; method of
amending _____________._._.__.________________.____._237, 575, 588, 1183, 1368, 1370
*Committees.
1542
INDEX
HR
HR HR HR
HR HR HR HR HR HR *HB HR
HR HR HR
HR HR
HR HR
HR
HR HR
HR HR
HR
HR HR HR HR HR HR
HR
HR HR HR HR HR HR HR HR HR
65-194b--Dept. Heads to carry out recommendations of economy committee __-.____.___..____________________________237, 313, 385, 427, 704
66-200a--Geo. B. Stoffragen, compensate ________238, 480, 481, 527, 839 67-200b--Calhoun County; law books to __.._.___...238, 578, 588, 643, 921 68-200c--T. Q. Jones and Mrs. Valie Jones;
compensate __....-_-__-___-...__.__.._______..________-____.__.239, 551, 555, 799, 1137 69-200d--Terms of Judges ..._...____._.______...___......_....._..._.._.__.239, 575, 588 70-200e--Cobb County; paving sidewalks _.-.._..........-__.....__.._._..___....239 71-200f--Georgia Power Company easement ... .........___...._.239, 550, 555 72--Joint-Session to hear Budget Message ___.....___..._.....___....__...232, 269 73--Governor's Mansion _._._______........____....____...__.._......___..._.__......____260, 315 74--Hon. John Druffel, U. S. Dist. Judge; commend __.._____.__.____260, 315 75--Hospital Care Study Commission _.__...__..260, 817, 819, 1168, 1405 76-214a--Atlanta Judicial Circuit; Judges;
terms ...__..____....... .____..______._ _______....____.. 266, 381, 391, 944, 945, 1221 77-214b--Albany sewerage system ..______....__.._.266, 381, 391, 947, 1221 78-214c--W. B. Shelton estate; compensate ......____,..._.._..._.__...._._.._....__266 79-214d--Thomas County; Board of
Education ..__...._.__...._.....___.......__......__...__.__....__266, 381, 391, 950, 1221 80-214e--Lincoln Fortune; compensate ______._..____266, 384, 391, 527, 840 81-214f--Courts of Ordinary;
Powers of ____..__.__..____._.._____. _.__.__...____266, 304, 312, 1110, 1155, 1186 82-214g--Floyd County; street lights ...______....__267, 381, 391, 955, 1222 83-214h--Lowndes County; Board of Education,
election ___.____.__...__..___._._____....._____..____________..__267, 381, 392, 1150, 1326 84-214i--Albany, Dougherty County; sewage
system .______..-.._____....___.....__._-.....____...___....._____....267, 381, 392, 957, 1222 85--Joint Session to hear Congressmen Davis and Flynt ..._....__271, 315 86--Walt Disney; express appreciation for pictures
made in Georgia ___....-___._..______....____..._____..______.._____....__..____......_._...__291 87-261a--Municipalities to adopt State Traffic Laws _____.300, 708, 717 88-261b--Ernest and Dorothy Brooks;
compensate ______________________._-..._____,,..___......___...__300, 452, 454, 527, 840 89-261c--G. Verner, A. Verner, and Anne Verner;
compensate _________...______-______._-.____-_..___.___..________300, 452, 454, 528, 840 90-261d--Theolia F. Todd; compensate _-__--____300, 579, 588, 795, 1222 91-261e--C. R. Strickland; compensate -____-..__-......_-__-...-___...-__......_._.-..301 92-261f--J. D. Walker; compensate .._____~______.301, 816, 819, 901, 1321 93-261g--Hal S. Martin; compensate ____..____._.____301, 452, 455, 528, 840 94-261h--Lamar Jamerson; compensate .._.__,,...____.. 301, 579, 588, 1209 95-261i--Jackson Electric Membership Cooperative;
compensate ,,______,,_,,._,,,,__,,,, ..301, 480, 481, 528, 840 96-261J--J. T. Bruce, J. C. Barfield, and H. H. Gill,
relieve as sureties _...._.__...._____....._.._.__..._301, 548, 555, 673, 1222 97--To commend Armour & Company, Tift County .__...._......__.__343, 426 98--Hon. Blake Van Leer; deplore death of _,,____,,......... ___......_._ ...____343 99--Mr. N. R. Cook, New Orleans, La.; thank for services ....._____..___344 100-300a--Constitution of U. S.; defend interposition principles _...._350 101-300b--W. L. Jessup, Jr., compensate ___...____--._._._____-_...____..._._____...351 102-SOOc--W. E. Sheppard, compensate ____..______351, 551, 556, 685, 1067 103-300d--Daniel H. Walker, compensate ___._...351, 631, 632, 1053, 1321 104-300e--Dudley T. Coyle, compensate ___.....-__....___.....-__.....___....._______....351 105-300f--Independent School System of
Social Circle .________._..._.____..._.___.....___.._._.___..._._351, 381, 391, 960, 1222
* Committees.
INDEX
1543
HR 106-300g--M. V. Parkerson, compensate ------__--------351, 579, 588, 741 HR 107--Commend U. S. Senators and Congressmen of Georgia
for efforts for farmers ----_____----_-_.------___----------.373, 449 HR 108--Hon. Roscoe Denmark's Brother; deplore death of ...................__373 HR 109--Rep. Roughton's speech; distribute to General Assembly __,,,,_--373 HR 110-319a--Walker Harris; compensate ____________379, 816, 820, 1053, 1321 HR lll-319b--Vehicles exempt from State and County
ad valorem tax __-__-___------.-_____------___--------_______.379, 569, 811 HR 112-319c--W. S. Mooneyham; compensate _..___379, 630, 632, 1053, 1322 HR 113-319(1--Roy Hill; compensate ..______.______379, 478, 815, 825, 914, 1055 HR 114-319e--Emma Mae Bell; compensate __379, 478, 815, 825, 914, 1103 HR 115-319f--Lillie Ruth Lee; compensate --380, 478, 815, 825, 914, 1102 HR 116-319g--Dr. Hess and Clark Inc.,
compenesate ___________________________________------380, 452, 455, 528, 1136 HR 117-319h--R. S. Wilkes, compensate _.__--------------_____________._380, 815 HR 118-319i--Consolidate tax assessors
Richmond County ----------------______..._..380, 548, 556, 969, 1222 HR 119-319J--Mrs. W. A. Johnson, compensate ____..380, 816, 819, 905, 1322 HR 120--Governor to address Joint Session ----------------------------.430, 449 HR 121--Hon. Carl Sanders, Young Man of the Year ___------------------.430 HR 122--North Fulton High School Choir ..._..__..______------------431 HR 123-348a--Muscogee County; Board of Commissioners;
Revenue ........--_____.--------_--------..447, 548, 556, 973, 1225, 1236 *HR 124-348b--State Records storage study
committee ..___._____.______-.__________________________._447, 817, 820, 1049, 1407 HR 125-348c--Preston Morris, compensate ..........447, 517, 519, 1054, 1322 HR 126-348d--Removal of death penalty for crime;
restrictions on parole ...----------_--------------------447, 811, 820 HR 127-348e--Early T. Grant;
compensate ....------------------------_448, 630, 632, 741, 1139, 1253 HR 128-348f--Quante Plumbing & Heating Co.;
compensate _..._._._.._________._________.__-__--_____._.448, 816, 820, 1054, 1322 HR 129-348g--City of Louisville, levy tax to promote
new industries _____._________._......----......------.448, 548, 556, 976, 1222 HR 130-348h--All South Centennial Committee of Georgia ..------............448 *HR 131--Committee to Study State and Federal
Tax Laws ------------------__-__-__.--------469, 580, 590, 1119, 1407 HR 132--Tobacco farmers continue leasing tobacco allotments ________469, 522 HR 133--Boundary commission--expenses ----------..----.------..469, 522 HR 134--Rescind HR 120 for joint session 1-30-56 _._.....----......_....474, 522 *HR--135--Committee to study slush fund for pin ball
laws ------------___-___--------------..----------485, 580, 590, (617, 1284 HR 136--Ga. Accrediting Comm. to set average daily attendance ....504, 560 HR 137-399a--John Kicklighter, Clerk Siiperior Court; compensate ----514 HR 138-399b--Stewart County; Board of Education
elect members _________________...--------------514, 575, 589, 978, 1223 HR 139-399c--Veterans, pensions, dependents .____._______514, 575, 589 HR 140-399d--Gwinnett County; Board of Education
election ..------............._.__._._____._.._____._._____-_514, 548, 556, 981, 1223 HR 141-399e--Sell State lands in Dawson and Forsyth
Counties ___.__._.._________._--------_--......------514, 550, 556, 1040, 1321 HR 142-399f--Clayton County, law books __________--.515, 578, 589, 650, 1067 HR 143-399g--Hall County; pave roads and
streets .....------..........__________------..___-____515, 548, 556, 984, 1223
'Committees.
1544
INDEX
HR 144--Mrs. Frances Read, happy birthday __________________________________.____;__.____.520 HR 145--Miss Kathryn Ruark, congratulations ___________________...____..____.._._____520 *HR 146--Training School facilities, Comm. to inspect ...__...___..... _ 520, 1409 HR 147-428a--Stewart County; schools .___.____________.546, 708, 717, 987, 1223 HR 148-428b--Hall County; fire prevention
districts .____.__...._._____......___...__________....____...___...._546, 708, 718, 989, 1223 HR 149-428c--Hall County, Supt. Hall County;
School system ._______._.__...__....._____..__.._..__....._._.._547, 708, 718, 990, 1223 HR 150-428d--B. & B. Beverage Co.;
compensate ____.._________-_.___._..-..______.__._.__________.__547, 816, 821, 1054, 1322 HR 151-428e-- Stewart County; law books ____.________.547, 814, 821, 893, 1323 *HR 152--Dairy Industry Committee _____._..____..._____.. ...____566, 1141, 1214, 1336 HR 153--Hon. Jack Tarpley; wish speedy recovery .--___,,_,,____,,__.___-_--566 HR 154-454a--Rev. L. N. Yarborough; compensate ,,.....__.__...._..--___573, 751 HR 155-454b--Mrs. Lillian Lord, compensate _________573, 816, 821, 905, 1222 HR 156-454c--Clifford W. Kegg, compensate _______________________________..________.._.573 HR 157-454d--Nolen Burl Randolph; compensate -573, 816, 821, 1054, 1322 HR 158-454e--T. W. Christian, compensate ______..__574, 817, 821, 1055, 1322 HR 159-454f--George W. Walker, compensate ..._.__......._____._..______....____574, 816 HR 160-454g--R. C. Grumpier; compensate __._....________....___.__...__.____..._574, 816 HR 161--Joint-Session to hear Governor's address .,,.___--..._______.________617, 636 HR 162--Hon. A. A. Boggus, Sr., deplore death of ._...._...._......__.....___.__.__.....617 HR 163--Hon. Edward W. Hiles, express appreciation .._.._....__........._____._.618 HR 164-477a--Ruth Edwards Cox; compensate ___________......_..__....___._.__....____623 HR 165-477b--C. B. Price, compensate _______623, 760, 765, 772, 1055, 1323 HR 166-477c--Vidalia Development Authority _____623, 693, 993, 1225, 1232 HR 167-477d--Limited Access Highway--Atlanta ........624, 927, 1131, 1134 HR 168-477e--Traffic Courts; creation of ._.____.......___........._______....624) 812, 822 HR 169-477f--Compensate widow of
Henry C. Hill __._.....__________,,___...__......._____.624, 1073, 1077, 1194, 1405 HR 170-477g--Brunswick sewage system .........___._....624, 708, 718, 997, 1223 HR 171-477h--Brunswick municipal port and terminal
facilities ...._____.____.____.,,._____-624, 708, 718, 1000, 1223 HR 172-477i--Brunswick sewage system _._____.__....__624, 708, 718, 1003, 1223 HB 173-477J--Hall Saunders; compensate __.________.__.624, 751, 815, 905, 1222 HR 174-477k--Nolen Burl Randolph; compensate -...-_-_.___....._.__-_._.625, 867 HR 175-477L--Brunswick port and terminal
facilities .._....____.____-__.......__________.-....__-___._.-...625, 709, 718, 1006, 1224 HR 176-478a--Mrs. Roscoe Simpson, Sr.; compensate ___.....-.--..--_.....---625 HR 177-481a--Ratify suspension license fee .....___626, 713, 718, 1106, 1407 HR 178-481b--Pulaski County; exchange lands ....626, 713, 718, 1204, 1405 HR 179-481c--Camden County; easement to the U. S. __.._._...-._....__..626 HR 180-481d--Pulaski County; convey lands _______626, 713, 719, 1205, 1405 HR 181-481e--State lands, deed to U. S. _-___..._.._.626, 713, 719, 1206, 1407 HR 182-481f--Camden County; convey lands
to U. S. _________________ ...._.______________..._....__________-626, 712, 719, 1207, 1407 HR 183-482a--Randall Fuel Co. Inc.; compensate _...-...__.___--.._.._-._...627, 805 HR 184-482b--Randall Fuel Co. Inc.; compensate _.-....-..._._-___......-.____627, 805 HR 185--Interposition, Supreme Court decision
null and void ._______.______._._...._...._______________..._...__670, 712, 714, 782, 1067 HR 186-531a--Court, new system of Courts ..700, 760, 772, 944, 1009, 1224 HR 187-531b--State Board of Corrections--
Prison Industries .._._._.____._._.__._-._____.__700, 765, 773, 1101, 1407 HR 188-531c--Decatur County port facilities _._.701, 889, 892, 1039, 1321 HR 189-531d--Glynn County port facilities . .........701, 889, 892, 1039, 1322
'Committees.
INDEX
1545
HE 190-531e-- State Parks, cabins __...._._._.._.._.701, 765, 773, 1101, 1407
HR 191-531f--Capitol Building, metal
plates; dispose of ___________.___.___...___.701, 871, 1074, 1101, 1156, 1399
HR 192-531g--Microfilming State Records _________.__701, 765, 773, 1408
HR 193-531h--Inspection of fertilizer plants -_____________701, 765, 773, 1102
HR 194-53H--Advisability of State printing office,
study -___..________.__,,_..._._____.701, 765, 773, 1102, 1408
HR 195-531f--Mrs. Ivan T. Harris, compensate ______._.702, 1074, 1077
HR 196-531k--Guerdon F. Ackerman; compensate ___.702, 1073, 1078, 1202
HR 197-531L--Mrs. Ann H. Meyer, compensate ___.702, 817, 822, 1052, 1323
HR 198-531m--Charlie B. Swint; compensate _.___.702, 816, 822, 1052, 1323
HR 199-531n--Laurens County; fund to encourage
industries .........__...__._._________.702, 760, 773, 1011, 1224
HR 200-531o--W. J. Easier, compensate ._.____.__..___.___-__.702
HR 200-531p--Brooks County, Board of
Education ___________.___.._...__.._______.__702, 760, 773, 1014, 1224
HR 202-561a--Trustees, retirement, annuity and benefit
fund--real estate _._.._____._._...._____.__759, 1132, 1140
HR 203-561b--Mrs. Emil Kalock, compensate ....759, 1073, 1078, 1201, 1405
HR 204-561c--Richmond County port
facilities ...____.__._...._.._.._.._....769, 815, 824, 914, 1038, 1282
HR 205-587a--Richmond County property;
convey _______________________________.810, 931, 932, 1116, 1406
HR 206-587b--Col. Benj. Hawkins Bridge;
designate _____________________________,,____________810, 886, 892, 1059, 1322
HR 207-587c--Forsyth County, law books ...__810, 1072, 1078, 1141, 1403
HR 208-587d--Wilton Banks, compensate ....__________.__.__.___810
HR 209-587e--State property--Armory--Ga. Air
National Guard _________.________________811, 887, 892, 1059, 1322
HR 210--Inspect Western and Atlanta R. R. _______________________..______852
HR 211-608a--Liberty County, law books _._____.._883, 1072, 1078, 1142, 1404
HR 212-608b--General Assembly; authorize taxes __.__._...___.__883, 1065, 1113
HR 213-608c--Carroll County; school sites ______..__________.__-___-_-____883, 927
HR 214-608d--Carroll County; high school districts ._._._______..__.______.___.883, 927
*HR 215-608e--Committee, study consumer financing
personal property _______________________..._.....__883, 927, 1075
HR 216--University of Georgia and Ga. Tech Athletic Assoc. ___________ ....914
HR 217--Automotive Training School, retention of ___________________._______.915, 1067
HR 218--Hon. Mose Edenfield; thank for dinner _______________.915, 1067
HR 219--Hon. T. Grady Head; visit Hon. Cleve Mincy ._.__.____________.___915
HR 220--Southern Forest Fire Prevention Conference;
endorsement of ____________________________.________________._._916, 1067
HR 221--Hon. E. H. Conner, deplore death of .__________________-___-._______915
HR 222--Georgia Congressional Delegation urged to
oppose H. R. 753 _____.___.____________________.__-._.-_______.915, 1067
HR 223--University of Georgia Law School; appreciation to ________915, 1067
HR 224--Henry Martin; speedy recovery ______________,,_______,,_.______________915
HR 225--Cable Piano Co.; appreciation to___.________._...________...______915
HR 226-621a--Steve Black; compensate _______________________________________________924
HR 227-621b--Gordon County Armory ___._..______.__925, 1073, 1078, 1161, 1408
HR 228-621c--Horace A. McCullers; compensate _________________..___________925
HR 229-621d--R. H. Jackson, Sidney Brazeal, Charles A.
Stalling; compensate ______--_______________925, 1135, 1140, 1257
HR 230-621e--State property, Governor to reconvey to
___
City of Calhoun __.__....______.____--__-____925, 1073, 1078, 1162, 1408
* Committees.
1546
INDEX
HR 231--Hon. Carl Vinson, commending --_____.___------------..1060, 1137 HR 232--Mrs. Sara Martin, Miss Gwendolyn Brown, appreciation _____1060 HR 233--Atty. Gen. Eugene Cook and Bill Drafting Unit;
appreciation _____________._.._____.___..__________.__1060 HR 234-626a--Mrs. Lela Mae Griffin, compensate _...__,____________926 HR 235--Hon. John J. Flynt, Jr., commend ...____.._.____.__1085, 1224 HR 236--Randolph County; law books _____________,___.._.__...__..1085, 1404 HR 237--Randolph County; law books ____________________1085, 1100, 1404 *HR 238--Game and Fish Commission, inspect facilities ____1085, 1135, 1335 HR 239--Hon. Steve Cocke, happy birthday ____________________1100 HR 240--Hon. and Mrs. Bill Ruark, congratulate on birth of daughter ..1101 HR 241-626b--Judson A. Dye, compensate ___-_____________1131 HR 242--Frank Guinn Birdsong, happy birthday _____________1174 HR 243--Thanks to Hon. H. T. Jenkins and Atlanta Police Force ____1174 HR 244--Sou. Bell Tel. Co.; express thanks for services ._...________.1174 HR 245--House of Representatives to support the Democratic Party __1174 HR 246--Coweta County Board of County Comm. and Warden; thank __1174 *HR 247--Compensation resolutions; committee to study .__._--_--__1174, 1323 HR 248--Speaker's Office, remain open ._____________._._____.1210 HR 249--Proclaim Constitution week ___.__.___.______________.1255 HR 250--General Assembly opposed to increase in freight rates ___.1255 HR 251--Hon. Marvin E. Griffin; commend ....___________._.._.1255 HR 252--Committee to confer with Georgia Congressional
Del. Auto. Training School __________._____..__.____1255 HR 253--Committee to investigate R. E. A. __.______________.1255 HR 254--Thank State Highway Dept. for assistance .______.____1255 HR 255--Contingent Education fund--Class room teachers __.____.1255 *HR 256--Milledgeville State Hospital--committee to inspect and study._1255 *HR 257--Stay-over of attaches and interim committees ___._.__.._.___1334 *HR 258--Capitol Building, third floor for legislative
purposes ________________________._.....1335, 1354, 1363 HR 259--Memorial to Georgians who gave lives in Armed Forces ___1335 *HR 260--Jekyll Island, committee to study ____-__._____^______.___,1335, 1354, 1363 HR 261--Retirement Systems; authorized to invest in real estate ___.1336 HR 262--Hon. Denmark Groover, commend _____....____________1336 HR 263--Hon. Moate and Freeman; thank for installation
of voting machines ____.____.______-___________1336 HR 264--House Committees; Rules .....______._________1336, 1352 HR 265--Hon. Roger Lawson, commend for service to Georgia ____.1336 HR 266--Claims Advisory Board, expressing appreciation to _.____1336 *HR 267--Committee to study Dairy Industry ________________________1337 HR 268--Univ. of Georgia and Inst. of Law and Government;
express thanks to ---_,,_________________..__._.______1338 HR 269--Commend the Press, radio and television ______________._1338 HR 270--Hon. Robert Bennett, congratulate _________.....__....____1343 HR 271--Macon Telegraph Publisher, thanks for kindness to
General Assembly __._____________..._____________._1343 HR 272--Adjourn Sine Die ________________________________._____1381 HR 273--Notify Governor of adjournment of General Assembly ___.....1409 HR 274--Dept. of Public Safety relative to traffic deaths in Georgia ....1409 HR 275--University of Georgia, Science Center _______________.......___1409 HR 276--Hon. Tom Palmer; speedy recovery ._.________...__.____.._1409 HR 277--Thank Hon. H. E. Clary for $5.00 donation ______________1409 HR 278--Thank Chief Jenkins and Lieut. E. V. Forrester ________1409
*ComTnittees.
Part VI
SENATE RESOLUTIONS
REGULAR SESSION
EXTRAORDINARY SESSION
1955
SE 5--Rules; amend governing of Joint Sessions _________________._127, 140 SR 9--Designated certain bridge as "James L. Gillis, Sr.
Bridge" _____________-_-_________._-__-____-___--________.-___.-__.-_-_______201, 206 SR 14--Pierce County; authorize Governor to convey
certain property in ___________________________________633, 654, 887, 893 SR 15--Cloudland State Park; exchange of properties;
clearing of title _______.__.__._________,-_-____________.706, 724, 887, 893, 1263 SR 17--Designate certain bridge as "General Ezekiel
Wimberly Bridge" ______________.-_-______..__--__449, 468, 710, 720, 1310 SR 20--Congratulate the Commonwealth of Virginia in
struggle to preserve State control on Education __._____---__279, 281 SR 21--Revenue Anticipation Certificates, issuance of;
amendment to Constitution _________ .___._____.____560, 561, 760, 767, 1020 SR 22--Fulton County Grand Jury; extension of terms;
amendment to Constitution _________________.____560, 561, 812, 818, 926 SR 23--Barnwell Island; grant easement to U. S.;
development of Savannah Harbor ____.__._-.521, 523, 630, 631, 1307 SR 28--Macon County, election of members of Board of
Education; amendment to Constitution -___560, 561, 708, 719, 1022 SR 30--"All-South Centennial Committee of Georgia";
create ___________________________________-__.__449, 468, 1135, 1140, 1378 SR 32--Chatham County; authorize governing authority expend
funds, eradicate mosquitoes __________._______704, 725, 760, 767, 1025 SR 33--Chatham County, additional industrial areas; amendment
to Constitution -__.________-___-__-_____----_______--.704, 725, 760, 767, 1031 *SR 34--Income Tax Laws; conform to U. S. Income tax laws;
comm. to study -__-___________-________-_,,_.__-_________________753, 781, 1214 *SR 35--Building for storing County and State records, committee
to study construction of __________.____923, 944, 1214, 1227, 1361, 1408 SR 36--Pierce County, election of members of Board of Education
by districts, amendment to Constitution ___704, 725, 760, 768, 1027 SR 37--Harris County, furnish law books
to Ordinary ________..______.__--_________._____._____-_-____633, 654, 814, 818, 896 SR 40--Tobacco Farmers; continue leasing tobacco allotments .____598, 602 SR 41--Director of Dept. of Public Safety; report on
recommendations of Econ. Comm. _______________________________874, 896, 926
* Committees.
1548
INDEX
SR 42--City of Atlanta; incur indebtedness for school purposes; amendment to Constitution ......__......_..._.....923, 944, 1131, 1141, 1229, 1324
SR 43--John A. Willding; compensate for damages .,,.__,,.___...923, 944 *SR 44--Consumer Financing, business of; commission
to investigate _.....___._..............__............__....._......_._1067, 1215, 1227 SR 45--Budget message and Gen. Appropriations bill; change
number of days Governor to present ....923, 944, 1214, 1227, 1410 SR 48--Historic Property; preservation of certain ._._._...__._______1068, 1174 *SR 54--Committee to carry out item in appropriations bill
relating to committee rooms .._...__............__..__1326, 1351, 1408 *SR 59--That the committees created by SR 53 and HR 152
be consolidated __.._________________-___,,_______,,__..__-.________.____.____.1365, 1409 SR 62--Commending the Supreme Court of Georgia and
and the Chief Justice thereof .__.._-___..___.-_-__....-..-._.........1354, 1409 SR 64--That the General Assembly of the Regular Session
1956 do stand adjourned Sine Die ....................................1400, 1411
'Committees.